22034 Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Notices 

The Oakdale development includes 

the following constructed facilities: (1) 

A 1,688-foot-long dam consisting of (a) 

a 126-foot-long, 58-foot maximumheight east concrete buttress and slab 

dam connecting the left abutment to the 

powerhouse; (b) a 114-foot-long, 70-footwide powerhouse integral with the dam 

containing three vertical Francis 

turbine-generating units with a rated 

head of 42 to 48 feet, total hydraulic 

capacity of 3,200 cfs and a total electric 

output of 9.2 MW; (c) an 18-foot-wide 

structure containing a nonfunctional 

fish ladder and a gated trash sluice; (d) 

an 84-foot-long ogee-shaped concrete 

gated spillway with two 30-foot-wide, 

22-foot-high vertical lift gates; (e) a 90-

foot-long, six bay concrete gravity 

siphon-type auxiliary spillway; and (f) a 

1,260-foot-long, west earth embankment 

with a maximum height of 58 feet and 

a 30-foot-wide crest; (2) a 10-mile-long, 

16-foot-average depth, 1,547-acre 

reservoir; and (3) appurtenant facilities. 

m. A copy of the application is 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the 

‘‘eLibrary’’ link. Enter the docket 

number, excluding the last three digits 

in the docket number field (P–12514), to 

access the document. For assistance, 

contact FERC Online Support at 

FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY, call 

(202) 502–8659. A copy is also available 

for inspection and reproduction at the 

address in item h above. 

You may also register online at

http://www.ferc.gov/esubscribenow.htm

to be notified via e-mail of new filings 

and issuances related to this or other 

pending projects. For assistance, contact 

FERC Online Support. 

n. Scoping Process: The Commission 

intends to prepare a single 

environmental document in accordance 

with the National Environmental Policy 

Act. The environmental assessment (EA) 

will consider both site-specific and 

cumulative environmental effects and 

reasonable alternatives to the proposed 

action. 

Site Visit: NIPSCO and the 

Commission staff will conduct a project 

site visit on May 18, 2005. We will meet 

at the Norway Powerhouse and then 

proceed to the project power plants. Site 

visitors will be responsible for their own 

transportation. Anyone with questions 

regarding the site visits, including 

directions, should contact Mike Canner 

of NIPSCO at (219) 956–5163. 

Date: Wednesday, May 18, 2005. 

Time: 8:45 am (c.s.t.). 

Place: Norway Powerhouse. 

Scoping Meetings 

Commission staff will conduct two 

public scoping meetings in the project 

area to solicit comments and viewpoints 

the public may wish to offer concerning 

project effects associated with the 

Norway and Oakdale developments. 

The evening meeting will focus on input 

from the public, and the morning 

meeting will focus on resource agency 

concerns. We invite all interested 

agencies, nongovernmental 

organizations, Native American tribes, 

and individuals to attend one or both of 

the meetings to help us identify the 

scope of environmental issues to be 

analyzed in the EA. The times and 

locations of these meetings are as 

follows: 

Public Scoping Meeting 

Date: May 18, 2005. 

Time: 7 p.m. (c.s.t.). 

Place: Best Western Brandywine 

Complex. 

Address: 728 South Sixth Street, 

Monticello, IN 47960. 

Agency Scoping Meeting: 

Date: May 19, 2005. 

Time: 10 a.m. 

Place: Best Western Brandywine 

Complex. 

Address: 728 South Sixth Street, 

Monticello, IN 47960. 

Copies of the Scoping Document 

(SD1) outlining the subject areas to be 

addressed in the EA will be available at 

the scoping meetings or may be viewed 

on the Commission’s Web site at

http://www.ferc.gov using the 

‘‘eLibrary’’ link [see item (m) above]. 

These meetings are posted on the 

Commission’s calendar located on the 

Internet at http://www.ferc.gov/

EventCalendar/EventsList.aspx along 

with other related information. 

Objectives: At the scoping meetings, 

staff will (1) Summarize the 

environmental issues tentatively 

identified for analysis in the EA; (2) 

solicit from the meeting participants all 

available information, especially 

empirical data, on the resources at issue; 

(3) encourage statements from experts 

and participants on issues that should 

be analyzed in the EA, including 

viewpoints in opposition to, or in 

support of, the staff’s preliminary view; 

(4) determine the resource issues to be 

addressed in the EA; and (5) identify 

those issues that do not require a 

detailed analysis. 

Procedures: The meetings will be 

recorded by a stenographer and become 

part of the formal record of the 

Commission proceeding on the project. 

Individuals, organizations, resource 

agencies, and Indian tribes with 

environmental expertise and concerns 

are encouraged to attend the meetings 

and to assist Commission staff in 

defining and clarifying the issues to be 

addressed in the EA.

Magalie R. Salas, 

Secretary.

[FR Doc. E5–2020 Filed 4–27–05; 8:45 am] 

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

[Docket No. ER02–1656–000] 

California Independent System 

Operator Corporation; Notice of FERC 

Staff Attendance 

April 19, 2005. 

The Federal Energy Regulatory 

Commission (Commission) hereby gives 

notice that on April 21, 22 and 29, 2005, 

members of its staff will attend 

workshops on Resource Adequacy 

hosted by the California Public Utilities 

Commission (CPUC). The workshops 

will take place in Commission 

Courtroom A of the CPUC, located at 

505 Van Ness Avenue, San Francisco, 

CA 94102. 

Sponsored by the CPUC, the meeting 

is open to the public, and staff’s 

attendance is part of the Commission’s 

ongoing outreach efforts. The meeting 

may discuss matters at issue in Docket 

No. ER02–1656–000. 

For Further Information Contact:

Katherine Gensler at 

katherine.gensler@ferc.gov; (916) 294–

0275.

Magalie R. Salas, 

Secretary.

[FR Doc. E5–2033 Filed 4–27–05; 8:45 am] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[AMS–FRL–7905–3] 

California State Motor Vehicle 

Pollution Control Standards; Notice of 

Within-the-Scope Determination for 

Amendments to California’s Low 

Emission Vehicle Standards (‘‘LEV II’’)

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice regarding within-thescope determination. 

SUMMARY: The California Air Resources 

Board (CARB) requested that EPA 

confirm CARB’s finding that two sets of 

Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Notices 22035

1CARB’s ‘‘first’’ set of LEV II follow-up 

amendments, which included the ‘‘cleaner federal 

vehicle’’ provisions, were adopted by the CARB 

Board on December 27, 2000, and were covered by 

EPA’s LEV II waiver published April 22, 2003. The 

‘‘second’’ set of follow-up amendments included an 

amendment to section 1962, title 13, CCR, the 

section regarding zero-emission vehicles (ZEVs). 

The LEV II waiver previously issued by EPA does 

not include this provision and by today’s decision 

EPA is also not considering the ZEV provisions. 

The second set of amendments also include a 

provision in a table at section 1961(a)(1), title 13, 

CCR, which has the effect of making the particulate 

standard applicable to all motor vehicles regardless 

of fuel (the previous regulation only applied to 

diesel-fueled vehicles). Per CARB’s request of 

December 20, 2004 (see OAR–2004–0057–0031) 

EPA is not considering this provision as part of 

today’s decision.

2EPA previously granted CARB a waiver of 

federal preemption for the LEV II standards. (68 FR 

19811 (April 22, 2003)). 3 Docket entry OAR 2004–0057–0002, letter to 

EPA, from CARB, dated April 12, 2004. 4 Decision Document accompanying scope of 

waiver determination in 51 FR 12391 (April 10, 

1986).

follow-up amendments to its LEV II 

regulations, which were approved by 

the CARB Board on November 15, 2001 

and December 12, 2002, respectively, 

are within-the-scope of an existing EPA 

waiver of federal preemption. In a 

separate request, CARB requested EPA 

to grant a full waiver for a particular 

provision contained in one of these sets 

of LEV II amendments, and thus to not 

include that provision as part of the 

within-the-scope request. EPA in this 

notice has made the requested 

confirmation that the amendments in 

CARB’s within-the-scope request are 

within-the-scope of the existing waiver. 

EPA will in a subsequent Federal 

Register notice consider the request for 

a full waiver for the separate provision.

DATES: Any objections to the findings in 

this notice regarding EPA’s 

determination that California’s 

amendments are within-the-scope of a 

previous waiver must be filed by May 

31, 2005. Otherwise, at the end of this 

30-day period, these findings will 

become final. Upon receipt of any 

timely objection, EPA will consider 

scheduling a public hearing to 

reconsider these findings in a 

subsequent Federal Register notice.

ADDRESSES: Any objections to the 

within-the-scope findings in this notice 

should be filed with David Dickinson at 

the address noted below. The Agency’s 

Decision Document, containing an 

explanation of the Assistant 

Administrator’s decision, as well as all 

documents relied upon in making that 

decision, including those submitted to 

EPA by CARB, are contained in the 

public docket. The official public docket 

is the collection of materials that is 

available for public viewing. The EPA 

Docket Center Public Reading Room is 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1743. 

The reference number for this docket is 

OAR–2004–0057. The location of the 

Docket Center is the Environmental 

Protection Agency, (EPA/DC) EPA West, 

Room B102, 1301 Constitution Ave., 

NW., Washington, DC. Copies of the 

Decision Document for this 

determination can also be obtained by 

contacting David Dickinson as noted 

below, or can be accessed on the EPA’s 

Office of Transportation and Air Quality 

Web site, also noted below.

FOR FURTHER INFORMATION CONTACT:

David Dickinson, Attorney-Advisor, 

Certification and Compliance Division, 

(6405J), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

Telephone: (202) 343–9256, Fax: (202) 

343–2804, E-Mail: 

Dickinson.David@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Electronic Copies of 

Documents 

Electronic copies of this Notice and 

the accompanying Decision Document 

are available via the Internet on the 

Office of Transportation and Air Quality 

(OTAQ) Web site (http://www.epa.gov/

OTAQ). Users can find these documents 

by accessing the OTAQ Home Page and 

looking at the path entitled 

‘‘Chronological List of All OTAQ 

Regulations.’’ This service is free of 

charge, except for any cost you already 

incur for Internet connectivity. The 

official Federal Register version of the 

notice is made available on the day of 

publication on the primary Web site 

(http://www.epa.gov/docs/fedrgstr/EPAAIR/). 

Please note that due to differences 

between the software used to develop 

the documents and the software into 

which the documents may be 

downloaded, changes in format, page 

length, etc. may occur. 

Docket: An electronic version of the 

public docket is available through EPA’s 

electronic public docket and comment 

system. You may use EPA dockets at 

http://www.epa.gov/edocket/ to submit 

or view the public comments, access the 

index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Once in the 

edocket system, select ‘‘search,’’ then 

key in the appropriate docket ID 

number. 1

II. Second Set of LEV II Amendments

I have determined that these 

amendments to the CARB’s LEV II 

regulation are within-the-scope of a 

prior waiver issued under section 209(b) 

of the Clean Air Act (Act), 42 U.S.C. 

7543(b), granted by EPA to CARB.2 The 

amendments to the regulations, outlined 

in CARB’s request letter 3, and fully 

described in CARB’s submissions, 

provide for: (1) An NMOG certification 

factor to account for carbonyls and a 

statement of compliance for meeting the 

formaldehyde standards in lieu of full 

testing; (2) an extension of the generic 

reactivity adjustment factors (RAFs); (3) 

revisions to the emission offset 

requirements for ‘‘AB 965’’ vehicles 

which allow new vehicles certified to 

EPA emission levels (as opposed to 

CARB’s standards) to be averaged into a 

manufacturer’s fleet mix in California; 

(4) additional intermediate in-use 

compliance standards for light-duty 

trucks engineered for heavier duty 

cycles that have a base payload capacity 

of 2,500 lbs. or higher, or for vehicles 

certified to CARB’s optional 150,000 

mile standards; (5) revisions to 

California’s NMOG test procedures; and 

(6) revisions to the fleet average NMOG 

requirements for independent low 

volume manufacturers.

In an April 12, 2004 letter to EPA, 

CARB notified EPA of the abovedescribed amendments to its LEV II 

regulations and asked EPA to confirm 

that these amendments are within-thescope of EPA’s previous waiver for the 

LEV II regulation. EPA can make such 

a confirmation if certain conditions are 

present. Specifically, if California acts to 

amend a previously waived standard or 

accompanying enforcement procedure, 

the amendment may be considered 

within-the-scope of a previously granted 

waiver provided that it does not 

undermine California’s determination 

that its standards in the aggregate are as 

protective of public health and welfare 

as applicable Federal standards, does 

not affect the consistency with section 

202(a) of the Act, and raises no new 

issues affecting EPA’s previous 

authorization determination.4

In its request letter, CARB stated that 

the amendments will not cause the 

California standards, in the aggregate, to 

be less protective of public health and 

welfare than the applicable Federal 

standards. Regarding consistency with 

22036 Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Notices 

5EPA previously granted CARB a waiver of 

federal preemption for the LEV II standards. (68 FR 

19811 (April 22, 2003)).

6 Docket entry OAR–2004–0057–0001, letter to 

EPA, from CARB, dated April 12, 2004.

section 202(a), CARB stated that the 

amendments do not raise any concerns 

of inadequate leadtime or technological 

feasibility or impose any inconsistent 

certification requirements (compared to 

the Federal requirements). Finally, 

CARB stated that the amendments raise 

no new issues affecting the prior EPA 

authorization determinations. 

EPA’s analysis confirms CARB’s 

finding that the criteria for these 

amendments meeting a within-the-scope 

designation have been met. Thus, EPA 

finds that these amendments are withinthe-scope of a previous waiver. A full 

explanation of EPA’s decision is 

contained in a Decision Document 

which may be obtained from EPA as 

noted above. 

III. Third Set of LEV II Amendments 

I have determined that the third set of 

amendments to the CARB’s LEV II 

regulation are within-the-scope of a 

prior waiver issued under section 209(b) 

of the Clean Air Act (Act), 42 U.S.C. 

7543(b), granted by EPA to CARB.5 The 

amendments to the regulations, outlined 

in CARB’s request letter 6, and fully 

described in CARB’s submissions, 

provide for: (1) A change in the allowed 

maintenance schedule for test vehicles 

to account for new full useful life 

periods; (2) revisions to the California 

Label Specifications; (3) revisions to the 

test cycle for direct ozone reduction 

technologies; (4) extending the high 

mileage testing requirement for vehicles 

certifying to the 150,000-mile emission 

standards; (5) corrections to the number 

of ‘‘significant figures’’ to be included in 

measuring the 50° F standards; (6) 

clarification of onboard refueling vapor 

recovery (ORVR) requirements for 

gaseous fueled vehicles; and (7) various 

minor changes to the LEV II regulatory 

language which have no new 

substantive effect.

In an April 12, 2004 letter to EPA, 

CARB notified EPA of the abovedescribed amendments to its LEV II 

regulations and asked EPA to confirm 

that these amendments are within-thescope of a previous waiver. 

In its request letter, CARB stated that 

the amendments will not cause the 

California standards, in the aggregate, to 

be less protective of public health and 

welfare than the applicable Federal 

standards. Regarding consistency with 

section 202(a), CARB stated that the 

amendments do not raise any concerns 

of inadequate leadtime or technological 

feasibility or impose any inconsistent 

certification requirements (compared to 

the Federal requirements). Finally, 

CARB stated that the amendments raise 

no new issues affecting the prior EPA 

waiver determination.

EPA’s analysis confirms CARB’s 

finding that the criteria for these 

amendments meeting a within-the-scope 

designation have been met. Thus, EPA 

finds that these amendments are withinthe-scope of previous authorizations. A 

full explanation of EPA’s decision is 

contained in a Decision Document 

which may be obtained from EPA as 

noted above. 

Because these amendments are within 

the scope of a previous waiver, a public 

hearing to consider them is not 

necessary. However, if any party asserts 

an objection to these findings by May 

31, 2005, EPA will consider holding a 

public hearing to provide interested 

parties an opportunity to present 

testimony and evidence to show that 

there are issues to be addressed through 

a section 209(b) waiver proceeding and 

that EPA should reconsider its findings. 

Otherwise, these findings will become 

final on May 31, 2005. 

My decision will affect not only 

persons in California but also the 

manufacturers outside the State who 

must comply with California’s 

requirements in order to produce 

vehicles for sale in California. For this 

reason, I hereby determine and find that 

this is a final action of national 

applicability. 

Under section 307(b)(1) of the Act, 

judicial review of this final action may 

be sought only in the United States 

Court of Appeals for the District of 

Columbia Circuit. Petitions for review 

must be filed by June 27, 2005. Under 

section 307(b)(2) of the Act, judicial 

review of this final action may not be 

obtained in subsequent enforcement 

proceedings. 

EPA’s determination that these 

California regulations are within-thescope of a prior waiver determination by 

EPA does not constitute a significant 

regulatory action under the terms of 

Executive Order 12866 and this action 

is therefore not subject to Office of 

Management and Budget review. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

Finally, the Administrator has 

delegated the authority to make 

determinations regarding waivers under 

section 209(b) of the Act to the Assistant 

Administrator for Air and Radiation.

Dated: April 21, 2005. 

Jeffrey R. Holmstead, 

Assistant Administrator, Office of Air and 

Radiation.

[FR Doc. 05–8529 Filed 4–27–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0006; FRL–7703–2] 

Tribal Pesticide and Special Projects; 

Request for Proposals

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: The Office of Pesticide 

Programs (OPP), in coordination with 

the EPA regional offices, is soliciting 

pesticide and special project proposals 

from eligible Tribes, Alaska native 

villages, and intertribal consortia for 

fiscal year (FY) 2005 funding. Under 

this program, cooperative agreement 

awards will provide financial assistance 

to eligible Tribal governments, Alaska 

native village governments, or 

intertribal consortia to carry out projects 

that assess or reduce risks to human 

health and the environment from 

pesticide exposure. The total amount of 

funding available for award in FY 2005 

is expected to be approximately 

$445,000, with a maximum funding 

level of $50,000 per project.

DATES: Proposals must be received by 

EPA on or before 5 p.m. eastern 

standard time, June 13, 2005.

ADDRESSES: Proposals may be submitted 

to your EPA regional office by mail. An 

electronic copy of the proposal is also 

required and may be sent via e-mail to 

the regional contact. Please follow the 

detailed instructions provided in Unit 

V.1. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:

Georgia McDuffie, Field and External 

Affairs Division (7506C), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 605–

0195; e-mail address: 

mcduffie.georgia@epa.gov.

SUPPLEMENTARY INFORMATION: 

Overview Information 

The following listing provides certain 

key information concerning this funding 

opportunity.