Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Notices 3229

Commission, the Federal Power Act

requires the Commission to investigate

and determine if the interests of

interstate or foreign commerce would be

affected by the project. The Commission

also determines whether or not the

project: (1) would be located on a

navigable waterway; (2) would occupy

or affect public lands or reservations of

the United States; (3) would utilize

surplus water or water power from a

government dam; or (4) if applicable,

has involved or would involve any

construction subsequent to 1935 that

may have increased or would increase

the project’s head or generating

capacity, or have otherwise significantly

modified the project’s pre-1935 design

or operation.

l. Locations of the Application: A

copy of the application is available for

inspection and reproduction at the

Commission’s Public Reference Room

located at 888 First Street, NE., Room

2A, Washington, D.C. 20426, or by

calling (202) 208–1371. This filing may

be viewed on http://www.ferc/fed/us/

online/rims.htm (call (202) 208–2222 for

assistance). A copy is also available for

inspection and reproduction at the

address in item h. above.

m. Individuals desiring to be included

on the Commission’s mailing list should

so indicate by writing to the Secretary

of the Commission.

Comments, Protests, or Motions to

Intervene—Anyone may submit

comments, a protest, or a motion to

intervene in accordance with the

requirements of Rules of Practice and

Procedure, 18 CFR 385.210, .211, 214. In

determining the appropriate action to

take, the Commission will consider all

protests or other comments filed, but

only those who file a motion to

intervene in accordance with the

Commission’s Rules may become a

party to the proceeding. Any comments,

protests, or motions to intervene must

be received on or before the specified

comment date for the particular

application.

Filing and Service of Responsive

Documents—Any filings must bear in

all capital letters the title

‘‘COMMENTS’’,

‘‘RECOMMENDATIONS FOR TERMS

AND CONDITIONS’’, ‘‘PROTEST’’, OR

‘‘MOTION TO INTERVENE’’, as

applicable, and the Project Number of

the particular application to which the

filing refers. Any of the above-named

documents must be filed by providing

the original and the number of copies

provided by the Commission’s

regulations to: The Secretary, Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426. A copy of any motion to

intervene must also be served upon each

representative of the Applicant

specified in the particular application.

Agency Comments—Federal, State,

and local agencies are invited to file

comments on the described application.

A copy of the application may be

obtained by agencies directly from the

Applicant. If any agency does file

comments within the time specified for

filing comments, it will be presumed to

have no comments. One copy of an

agency’s comments must also be sent to

the Applicant’s representatives.

David P. Boergers,

Secretary.

[FR Doc. 00–1274 Filed 1–19–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

Notice of an Amendment of License

and Soliciting Comments, Motions To

Intervene, and Protests

January 13, 2000.

Take notice that the following

hydroelectric application has been filed

with the Commission and is available

for public inspection:

a. Application Type: Amendment of

License.

b. Project No.: 2853–058.

c. Date Filed: November 16, 1999.

d. Applicant: State of Montana—

Department of Natural Resources and

Conservation.

e. Name of Project: Broadwater Power

Project.

f. Location: On the Missouri River, In

Broadwater County, Montana.

g. Filed Pursuant to: 18 CFR 4.200.

h. Applicant Contact: Mr. Walt

Anderson, 48 North Last Chance Gulch,

P.O. Box 201601, Helena, MT 59620–

1601, Telephone: (406) 444–6646.

i. FERC Contact: Any questions on

this notice should be addressed to Jake

Tung at hong.tung@ferc.fed.us or 202–

219–2663.

j. Deadline for filing comments and/

or motions: February 15, 2000.

All documents (original and eight

copies) should be filed by February 15,

2000, with: David P. Boergers, Secretary,

Federal Energy Regulatory Commission,

888 First Street, N.E., Washington D.C.

20426.

Please include the project number

(2853–058) on any comments or

motions filed.

k. Description of Filing: State of

Montana—Department of Natural

Resources and Conservation, Licensee

for the Broadwater Power project,

proposes to construct a structural wall

in the upstream reservoir between the

turbine intake and the canal intake. The

wall will begin at the upstream face of

the dam and extend approximately 150

feet, with the centerline located about

50 feet from the right shoreline. The

wall will be about 150 feet long, fivefoot wide at top, and approximately 18

inches above the upstream normal

reservoir operating level. The purpose of

the wall structure is to separate the

canal intake from the hydraulic

influences of the turbine intake.

l. Locations of the application: A copy

of the application is available for

inspection and reproduction at the

Commission’s Public Reference Room,

located at 888 First Street, N.E., Room

2A, Washington, D.C. 20426, or by

calling (202) 208–1371. The application

may be viewed on the web at http://

www.ferc.fed.us/online/rims.htm, (call

(202) 208–2222 for assistance). A copy

is also available for inspection and

reproduction at the address in item ‘‘h’’

above.

m. Individuals desiring to be included

on the Commission’s mailing list should

so indicate by writing to the Secretary

of the Commission.

Comments, Protests, or Motions to

Intervene—Anyone may submit

comments, a protest, or a motion to

intervene in accordance with the

requirements of Rules of Practice and

Procedure, 18 CFR 385.210, .211, .214.

In determining the appropriate action to

take, the Commission will consider all

protests or other comments filed, but

only those who file a motion to

intervene in accordance with the

Commission’s Rules may become a

party to the proceeding. Any comments,

protests, or motions to intervene must

be received on or before the specified

comment date for the particular

application.

Filing and Service of Responsive

Documents—Any filings must bear in

all capital letters the title

‘‘COMMENTS’’,

‘‘RECOMMENDATIONS FOR TERMS

AND CONDITIONS’’, ‘‘PROTEST’’, OR

‘‘MOTION TO INTERVENE’’, as

applicable, and the Project Number of

the particular application to which the

filing refers. Any of the above-named

documents must be filed by providing

the original and the number of copies

provided by the Commission’s

regulations to: The Secretary, Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426. A copy of any motion to

intervene must also be served upon each

representative of the Applicant

specified in the particular application.

3230 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Notices

Agency Comments—Federal, state,

and local agencies are invited to file

comments on the described application.

A copy of the application may be

obtained by agencies directly from the

Applicant. If an agency does not file

comments within the time specified for

filling comments, it will be presumed to

have no comments. One copy of an

agency’s comments must also be sent to

the Applicant’s representatives.

David P. Boergers,

Secretary.

[FR Doc. 00–1275 Filed 1–19–00; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6526–9]

Adequacy Status of Submitted State

Implementation Plans for

Transportation Conformity Purposes;

Pennsylvania; SIP for Rate of Progress

and for Attainment of the NAAQS for

Ozone of the Philadelphia-WilmingtonTrenton Ozone Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Adequacy Status.

SUMMARY: EPA is announcing that the

attainment motor vehicle emissions

budgets (hereafter referred to as

‘‘budgets’’) contained in the State

Implementation Plan (SIP) for the

Attainment of the NAAQS for Ozone

Meeting the Requirements of the

Alternative Ozone Attainment

Demonstration Policy—Phase II for the

Pennsylvania Portion of the

Philadelphia-Wilmington-Trenton

Ozone Nonattainment Area, submitted

on April 30, 1998, are not adequate for

transportation conformity purposes. We

are concurrently announcing that the

Rate of Progress (ROP) motor vehicle

emission budgets contained in this same

SIP submittal are adequate for

transportation conformity purposes. On

November 16, 1999, EPA announced the

same decision in a Federal Register

publication entitled ‘‘Adequacy Status

of Submitted State Implementation

Plans for Transportation Conformity

Purposes: State Implementation Plan for

Attainment and Maintenance of the

NAAQS for Ozone—Southeastern

Pennsylvania.’’ We are, therefore, also

announcing that in a letter to the

Commonwealth of Pennsylvania dated

December 22, 1999, we withdrew our

findings regarding the adequacy of these

budgets originally made in an October

26, 1999 letter and announced in the

Federal Register on November 16, 1999.

In the same December 22, letter, we

made new findings regarding the

adequacy of these budgets. Therefore,

this announcement regarding the

findings made on December 22, 1999

supersedes and renders moot the

announcement published on November

16, 1999 regarding the findings made on

October 26, 1999.

DATES: These findings regarding the

adequacy of the budgets, made in a

letter dated December 22, 1999 to the

Commonwealth of Pennsylvania, are

effective on February 4, 2000.

FOR FURTHER INFORMATION CONTACT:

Larry Budney, U.S. EPA, Region III,

1650 Arch Street, Philadelphia, PA

19103 at (215) 814–2184 or by e-mail at:

budney.larry@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document the terms

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. The

word ‘‘budgets’’ refers to the motor

vehicle emission budgets for volatile

organic compounds (VOCs) and

nitrogen oxides (NOx). The word ‘‘SIP’’

in this document refers to the Phase II

State Implementation Plan submitted by

the Commonwealth of Pennsylvania on

April 30, 1998. This plan was submitted

to demonstrate ROP in the Pennsylvania

portion of the Philadelphia-WilmingtonTrenton ozone nonattainment area and

to demonstrate attainment of the onehour National Ambient Air Quality

Standard (NAAQS) for ozone

throughout the nonattainment area.

On March 2, 1999, the D.C. Circuit

Court ruled that the budgets contained

in submitted SIPs cannot be used for

transportation conformity

determinations until EPA has

affirmatively found them adequate. As a

result of our finding, the attainment

budgets contained in the submitted

Phase II Ozone Attainment Plan may not

be used for future conformity

determinations, but the ROP motor

vehicle emission budgets contained in

the same submittal may be used for

future conformity determinations in the

Pennsylvania portion of the

Philadelphia-Wilmington-Trenton

ozone nonattainment area.

On April 30, 1998, the Pennsylvania

Department of Environmental Protection

(PADEP) submitted its State

Implementation Plan for the Attainment

and Maintenance of the NAAQS for

Ozone Meeting the Requirements of the

Alternative Ozone Attainment

Demonstration Policy—Phase II. The

SIP contained mobile source vehicle

emissions budgets both for ROP and for

attainment. On August 2, 1999, the

availability of the SIP and the motor

vehicle emission budgets was posted on

EPA’s conformity WEB site for the

purpose of soliciting public comment.

The comment period closed on August

31, 1999, and no comments were

received.

On October 26, 1999, we sent a letter

to the Commonwealth of Pennsylvania

which constituted final Agency actions

on the adequacy of the budgets

contained in the Phase II SIP submitted

by Pennsylvania on April 30, 1998.

Those actions were EPA’s findings that

the attainment budgets were not

adequate and that the ROP budgets were

adequate. On November 16, 1999, we

published our findings that the

attainment budgets were not adequate

and that the ROP budgets were adequate

in a Federal Register announcement

entitled ‘‘Adequacy Status of Submitted

State Implementation Plans for

Transportation Conformity Purposes:

State Implementation Plan for

Attainment and Maintenance of the

NAAQS for Ozone—Southeastern

Pennsylvania’’ (64 FR 62198). As

indicated in that notice, the effective

date of the Agency’s October 26, 1999

findings was December 1, 1999.

In a Notice of Proposed Rulemaking

(NPR) published on December 16, 1999

(64 FR 70428), we proposed that

additional measures are needed to

support the attainment test for the

Philadelphia-Wilmington-Trenton

ozone nonattainment area. Pennsylvania

has raised concerns that the text found

in the NPR at section II.B.3, entitled

Motor Vehicle Emissions Budget, may

be interpreted to conclude that EPA

took final Agency action in its October

26, 1999 letter to determine that

additional measures to reduce emissions

are required in the PhiladelphiaWilmington-Trenton area to support the

attainment test. This is not the case. The

action published by EPA on December

16, 1999 regarding the attainment

demonstration contained in the Phase II

SIP submitted by the Commonwealth on

April 30, 1998 and supplemented on

August 21, 1998, is a proposed action.

EPA has invited comment on all matters

raised in the NPR, including the need

for additional measures.

We wished to clarify its intent and to

address the Commonwealth’s concerns.

Therefore, in a letter to the

Commonwealth dated December 22,

1999, we withdrew the October 26, 1999

final actions as to the adequacy of the

motor vehicle emission budgets

submitted by the Commonwealth in its

April 30, 1998 Phase II SIP for the

Philadelphia-Wilmington-Trenton

nonattainment area. In the same

December 22, 1999 letter, we took

Agency actions on the adequacy of the

budgets in Pennsylvania’s Phase II SIP

by finding that the attainment budgets