Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Notices 72191

3 Interventions may also be filed electronically via 

the Internet in lieu of paper. See the previous 

discussion on filing comments electronically.

receive within a reasonable time frame 

in our environmental analysis of this 

project. However, the Commission 

strongly encourages electronic filing of 

any comments or interventions or 

protests to this proceeding. See 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site at http:/

/www.ferc.gov under the ‘‘e-Filing’’ link 

and the link to the User’s Guide. Before 

you can file comments you will need to 

create a free account which can be 

created on-line. 

If you do not want to send comments 

at this time but still want to remain on 

our mailing list, please return the 

Information Request (Appendix 4). If 

you do not return the Information 

Request, you will be taken off the 

mailing list.

Becoming an Intervenor 

In addition to involvement in the EA 

scoping process, you may want to 

become an official party to the 

proceeding known as an ‘‘intervenor’’. 

Intervenors play a more formal role in 

the process. Among other things, 

intervenors have the right to receive 

copies of case-related Commission 

documents and filings by other 

intervenors. Likewise, each intervenor 

must send one electronic copy (using 

the Commission’s eFiling system) or 14 

paper copies of its filings to the 

Secretary of the Commission and must 

send a copy of its filings to all other 

parties on the Commission’s service list 

for this proceeding. If you want to 

become an intervenor you must file a 

motion to intervene according to Rule 

214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 

385.214) (see Appendix 2).3 Only 

intervenors have the right to seek 

rehearing of the Commission’s decision.

Affected landowners and parties with 

environmental concerns may be granted 

intervenor status upon showing good 

cause by stating that they have a clear 

and direct interest in this proceeding 

which would not be adequately 

represented by any other parties. You do 

not need intervenor status to have your 

environmental comments considered. 

Environmental Mailing List 

An effort is being made to send this 

notice to all individuals, organizations, 

and government entities interested in 

and/or potentially affected by the 

proposed project. This includes all 

landowners who are potential right-ofway grantors, whose property may be 

used temporarily for project purposes, 

or who own homes within distances 

defined in the Commission’s regulations 

of certain aboveground facilities. By this 

notice we are also asking governmental 

agencies, especially those in Appendix 

3, to express their interest in becoming 

cooperating agencies for the preparation 

of the EA. 

Additional Information 

Additional information about the 

project is available from the 

Commission’s Office of External Affairs, 

at 1–866–208–FERC or on the FERC 

Internet Web site (http://www.ferc.gov) 

using the eLibrary link. Click on the 

eLibrary link, click on ‘‘General Search’’

and enter the docket number excluding 

the last three digits in the Docket 

Number field. Be sure you have selected 

an appropriate date range. For 

assistance, please contact FERC Online 

Support at 

FERCOnlineSupport@ferc.gov or toll 

free at 1–866–208–3676, or for TTY, 

contact (202) 502–8659. The eLibrary 

link also provides access to the texts of 

formal documents issued by the 

Commission, such as orders, notices, 

and rulemakings. 

In addition, the Commission now 

offers a free service called eSubscription 

which allows you to keep track of all 

formal issuances and submittals in 

specific dockets. This can reduce the 

amount of time you spend researching 

proceedings by automatically providing 

you with notification of these filings, 

document summaries and direct links to 

the documents. Go to www.ferc.gov/

esubscribenow.htm.

Finally, public meetings or site visits 

will be posted on the Commission’s 

calendar located at http://www.ferc.gov/

EventCalendar/EventsList.aspx along 

with other related information.

Magalie R. Salas, 

Secretary.

[FR Doc. E4–3601 Filed 12–10–04; 8:45 am] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPA–2004–0010, FRL–7847–5] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; Renewal of 

Information Collection Request (ICR) 

for the Oil Pollution Prevention 

Regulation for Certain Facilities to 

Prepare and Maintain an Oil Spill 

Prevention, Control and 

Countermeasure (SPCC) Plan, EPA ICR 

#0328.11, OMB Control Number 2050–

0021

AGENCY: Environmental Protection 

Agency.

ACTION: Notice.

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that EPA is planning to submit a 

continuing Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This is 

a request to renew an existing approved 

collection. This ICR is scheduled to 

expire on August 31, 2005. Before 

submitting the ICR to OMB for review 

and approval, EPA is soliciting 

comments on specific aspects of the 

proposed information collection as 

described below.

DATES: Comments must be submitted on 

or before February 11, 2005.

ADDRESSES: Submit your comments, 

referencing docket ID number OPA–

2004–0010, to EPA online using 

EDOCKET (our preferred method), by email to superfund.docket@epa.gov, or 

by mail to: EPA Docket Center, 

Environmental Protection Agency, 1301 

Constitution Ave., NW., EPA West, 

Suite B–102, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Hugo Paul Fleischman, EPA Oil 

Program, Mail Code 5203G, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 703–603–

8769; fax number: 703–603–9116; email 

address: fleischman.hugo@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has 

established a public docket for this ICR 

under Docket ID number OPA–2004–

0010, which is available for public 

viewing at the Superfund Docket in the 

EPA Docket Center (EPA/DC), EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. The EPA 

Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Reading Room is (202) 566–1744, and 

the telephone number for the Superfund 

72192 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Notices 

Docket is (202) 566–0276. An electronic 

version of the public docket is available 

through EPA Dockets (EDOCKET) at 

http://www.epa.gov/edocket. Use 

EDOCKET to obtain a copy of the draft 

collection of information, submit or 

view public comments, access the index 

listing of the contents of the public 

docket, and to access those documents 

in the public docket that are available 

electronically. Once in the system, 

select ‘‘search,’’ then key in the docket 

ID number identified above. 

Any comments related to this ICR 

should be submitted to EPA within 60 

days of this notice. EPA’s policy is that 

public comments, whether submitted 

electronically or in paper, will be made 

available for public viewing in 

EDOCKET as EPA receives them and 

without change, unless the comment 

contains copyrighted material, 

confidential business information (CBI), 

or other information whose public 

disclosure is restricted by statute. When 

EPA identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EDOCKET. The entire printed comment, 

including the copyrighted material, will 

be available in the public docket. 

Although identified as an item in the 

official docket, information claimed as 

CBI, or whose disclosure is otherwise 

restricted by statute, is not included in 

the official public docket, and will not 

be available for public viewing in 

EDOCKET. For further information 

about the electronic docket, see EPA’s 

Federal Register notice describing the 

electronic docket at 67 FR 38102 (May 

31, 2002), or go to http://www.epa.gov./

edocket.

Affected entities: The industries that 

are likely to be covered by the SPCC 

regulation fall into many North 

American Industrial Classification 

System (NAICS) categories, including 

those associated with petroleum and 

non-petroleum oil production, 

processing (refining), distribution, and 

consumption. The specific private 

industry sectors subject to this action 

include, but are not limited to: (1) Crop 

and Animal Production (NAICS 111–

112): (2) Crude Petroleum and Natural 

Gas Extraction (NAICS 211111); (3) Coal 

Mining, Non-Metallic Mineral Mining 

and Quarrying (NAICS 2121/2123/

213114/213116); (4) Electric Power 

Generation, Transmission, and 

Distribution (NAICS 2211); (5) Heavy 

Construction (NAICS 234); (6) 

Petroleum and Coal Products 

Manufacturing (NAICS 324); (7) Other 

Manufacturing (NAICS 31–33); (8) 

Petroleum Bulk Stations and Terminals 

(NAICS 42271); (9) Gasoline Stations/

Automotive Rental and Leasing (NAICS 

4471/5321); (10) Heating Oil Dealers 

(NAICS 454311); (11) Transportation 

(including Pipelines), Warehousing, and 

Marinas (NAICS 482–486/488112–

48819/ 4883/48849/492–493/71393); 

(12) Elementary and Secondary Schools, 

Colleges (NAICS 6111–6113); (13) 

Hospitals/Nursing and Residential Care 

Facilities (NAICS 622–623). 

Title: Renewal of Information 

Collection Request (ICR) for the Oil 

Pollution Prevention regulation (40 CFR 

part 112) for certain facilities to prepare 

and maintain an Oil Spill Prevention, 

Control, and Countermeasure (SPCC) 

Plan 

Abstract: The Oil Pollution 

Prevention regulation, found at 40 CFR 

part 112, outlines requirements for both 

prevention of and response to oil spills. 

The prevention aspect of this regulation 

is also known as the SPCC regulation. It 

was originally promulgated on 

December 11, 1973, at 38 FR 34164, 

under the authority of section 

311(j)(1)(C) of the CWA. The regulation 

established spill prevention procedures, 

methods, and equipment requirements 

for non-transportation-related onshore 

and offshore facilities with aboveground 

oil storage capacity greater than 1,320 

gallons (or greater than 660 gallons in a 

single tank), or buried underground oil 

storage capacity greater than 42,000 

gallons. Regulated facilities are also 

limited to those that, because of their 

location, could reasonably be expected 

to discharge oil into the navigable 

waters of the United States or adjoining 

shorelines. 

On July 17, 2002, at 67 FR 47042, EPA 

published final amendments to the 

SPCC rule. The final rule included new 

subparts outlining the requirements for 

different classes of oil; revised the 

applicability of the regulation; amended 

the requirements for completing SPCC 

Plans; and made other modifications. 

The final rule also contained a number 

of provisions designed to decrease 

regulatory burden on facility owners 

and operators subject to the rule, while 

preserving environmental protection. 

The rule was effective August 16, 2002. 

The rule included compliance dates in 

§ 112.3(a) and (b); however, the original 

compliance dates were extended for 

eighteen months on April 7, 2003 (68 FR 

18890). On August 11, 2004, EPA 

extended by an additional eighteen 

months the compliance dates in 

§ 112.3(a) and (b), and amended the 

compliance deadline in § 112.3(c) (69 

FR 48794).

The Oil Pollution Prevention 

regulation requires that an SPCC Plan be 

prepared in accordance with good 

engineering practices and be approved 

by a person with the authority to 

commit the resources necessary to 

implement the SPCC Plan. SPCC Plans 

address the following three areas: (1) 

Operating procedures that prevent oil 

spills; (2) Control measures installed to 

prevent a spill from reaching navigable 

waters; and (3) Countermeasures to 

contain, clean up, and mitigate the 

effects of an oil discharge that could 

reach navigable waters. Each SPCC Plan, 

while unique to the facility it covers, 

must include certain standard elements 

to ensure compliance with the 

regulations. 

The primary data collection activities 

required by the Oil Pollution Prevention 

regulation are the preparation and 

maintenance of the SPCC Plan along 

with preparing records of inspections 

and tests. In preparing a Plan, the owner 

or operator of a new facility must 

prepare and implement an SPCC Plan in 

accordance with the guidelines set forth 

in 40 CFR part 112 before beginning 

facility operations. Section 112.3 

requires the owner or operator to 

maintain a copy of the SPCC Plan at the 

facility, if the facility is normally 

attended for at least four hours per day 

or, if not, at the nearest field office. In 

the event of certain discharges of oil 

into navigable waters, a facility owner 

or operator must submit information 

described in § 112.4(a) to the Regional 

Administrator within 60 days. 

Additionally, the facility owner or 

operator must amend his Plan in 

accordance with § 112.7 whenever there 

is a change in the facility’s design, 

construction, operation, and 

maintenance that materially affects the 

facility’s potential to discharge oil into 

navigable waters. 

EPA does not collect SPCC Plans or 

related records from facilities on a 

routine basis. Preparation, 

implementation, and maintenance of the 

SPCC Plan by the facility helps prevent 

oil discharges and mitigate the 

environmental damage caused by such 

discharges. Therefore, the primary user 

of the data is the facility itself. For 

example: 

• Accumulating the necessary data 

requires that the facility staff analyze 

the strengths and weaknesses of the 

facility for preventing oil discharges, 

facilitating safety awareness, and 

promoting appropriate modifications to 

facility design and operations; 

• Having the required information in 

a single document promotes efficient 

response in the event of a discharge; 

• Implementing the Plan according to 

the specifications of 40 CFR part 112 

requires meeting certain design and 

operational standards that reduce the 

likelihood of an oil discharge; 

Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Notices 72193

• Keeping inspection records 

promotes important maintenance, 

facilitates leak detection, and 

demonstrates compliance with the SPCC 

requirements; and 

• Reviewing the Plan periodically 

ensures the implementation of more 

effective spill prevention control 

technology. 

Although the facility is the primary 

user of the data, EPA uses the data in 

certain situations. EPA’s primary use of 

the data contained in an SPCC Plan is 

to ensure that a facility is in full 

compliance with all elements of the 

SPCC regulation, including design and 

operation specifications and inspection 

requirements. EPA reviews SPCC Plans 

as part of EPA’s inspection program and 

when information is submitted because 

of an oil discharge. A Regional 

Administrator may require a facility 

owner or operator to amend the SPCC 

Plan if he finds that the facility has not 

met the requirements of the regulation 

or that Plan amendment is necessary to 

prevent and contain discharges of oil. If 

a facility does not amend its SPCC Plan, 

it may face civil penalties under the 

Clean Water Act. 

State and local governments are also 

users of the data. The information 

provided in SPCC Plans (e.g., facility 

configuration, capabilities, and potential 

risks) is not necessarily available 

elsewhere and can greatly assist local 

emergency preparedness planning 

efforts. The Plan should be compatible 

and coordinated with local emergency 

plans, including those developed under 

Title III of the Superfund Amendments 

and Reauthorization Act of 1986 (Pub. 

L. 99–499). Coordination with state 

governments is facilitated by the 

provision in § 112.4(c) requiring that, 

after certain discharges, information on 

the discharge be sent to the relevant 

state agencies. The flexibility with 

respect to formatting proposed in this 

rule promotes greater coordination with 

State planning efforts because the use of 

plans prepared pursuant to state 

regulations is encouraged. 

EPA is currently involved in an effort 

to estimate the universe of facilities 

regulated by the SPCC rule. The purpose 

of this effort is to include the full range 

of industries and number of affected 

facilities impacted by this rule. Given 

that the information used in this ICR is 

based on analysis and data collected 

between 1990 and 1996, we believe 

more current data will more accurately 

reflect today’s situation and give EPA 

and the universe of regulated facilities 

a truer picture of the impact of the 

regulation. 

None of the information to be 

gathered for this collection is believed 

to be confidential. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations in 40 CFR are listed in 40 

CFR part 9.

The EPA would like to solicit 

comments to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(ii) evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

Burden Statement: An estimated 

427,211 existing facilities and 4,372 

new facilities are subject to the SPCC 

regulations in the first year of this ICR 

period. The breakdown by facility size 

is estimated to be 355,550 small 

facilities, 64,283 medium facilities, and 

11,750 large facilities subject to the 

information collection activities. A 1 

percent annual growth rate is assumed 

to continue for the duration of this ICR. 

The total hour burden to the entire 

regulated community over the threeyear period covered by the renewal ICR 

is approximately 5,196,061 hours, or 

1,732,020 hours annually. The net 

annual public reporting and 

recordkeeping burden for this collection 

of information, for newly regulated 

facilities is estimated to range from 35.1 

to 65.2 hours per facility, with an 

average burden of approximately 38.0 

hours, including time for reviewing 

instructions and gathering the data 

needed. The net annual public reporting 

and recordkeeping burden for facilities 

already regulated by the Oil Pollution 

Prevention regulation is estimated to 

range from 3.5 to 7.35 hours. These 

average annual burden estimates take 

into account the varied frequencies of 

response for individual facilities 

according to characteristics specific to 

those facilities, including frequency of 

oil discharges and facility 

modifications. 

For the typical existing small, 

medium, and large facility, the 

estimated total annual baseline costs for 

all information collection activities 

required by the SPCC regulation are 

$200, $199, and $345 per facility, 

respectively. For typical new small, 

medium, and large facility, the total 

annual baseline costs for all information 

collection activities required by the Oil 

Pollution Prevention regulation are 

estimated to be $2,695, $2,744, and 

$3,354 per facility, respectively. 

Estimated annual costs for new facilities 

are higher than for existing facilities 

because of the greater expense 

associated with initially preparing the 

Plan. Starting in the third year of this 

ICR, the net annualized capital and 

start-up costs for all facilities average 

$0.3 million, and net annualized labor 

and O&M costs are $74.5 million and 

$26.3 million, respectively. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information.

Dated: November 29, 2004. 

Dana S. Tulis, 

Deputy Director, Office of Emergency 

Management.

[FR Doc. 04–27262 Filed 12–10–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7847–3] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of Proposed Settlement 

Agreement; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed settlement 

agreement, to address a lawsuit filed by