Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices 58273

within 30 days of the notice that the

application is ready for environmental

analysis.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–24879 Filed 9–27–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RM98–1–000]

Regulations Governing Off-the-Record

Communications; Public Notice

September 22, 2000.

This constitutes notice, in accordance

with 18 CFR 385.2201(h), of the receipt

of exempt and prohibited off-the-record

communications.

Order No. 607 (64 FR 51222,

September 22, 1999) requires

Commission decisional employees, who

make or receive an exempt or a

prohibited off-the-record

communication relevant to the merits of

a contested on-the-record proceeding, to

deliver a copy of the communication, if

written, or a summary of the substance

of any oral communication, to the

Secretary.

Prohibited communications will be

included in a public, non-decisional file

associated with, but not part of, the

decisional record of the proceeding.

Unless the Commission determines that

the prohibited communication and any

responses thereto should become part of

the decisional record, the prohibited offthe-record communication will not be

considered by the Commission in

reaching its decision. Parties to a

proceeding may seek the opportunity to

respond to any facts or contentions

made in a prohibited off-the-record

communication, and may request that

the Commission place the prohibited

communication and responses thereto

in the decisional record. The

Commission will grant such requests

only when it determines that fairness so

requires.

Exempt off-the-record

communications will be included in the

decisional record of the proceeding,

unless the communication was with a

cooperating agency as described by 40

CFR 1501.6, made under 18 CFR

385.2201(e)(1)(v).

The following is a list of exempt and

prohibited off-the-record

communications received in the Office

of the Secretary within the preceding 14

days. The documents may be viewed on

the Internet at http://www.ferc.fed.us/

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

assistance).

Exempt

1. Project No. 1864–000, 7–28–00,

Randy Kemp

2. CP98–150–000, 9–11–00, Jennifer

Kerigan, FERC

3. CP00–14–000, 8–25–00, Todd

Mattson

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–24878 Filed 9–27–00; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6878–6]

Stakeholder Comment on Preliminary

National Enforcement and Compliance

Assurance Priorities for Fiscal Years

2002 and 2003

AGENCY: Environmental Protection

Agency.

ACTION: Solicitation of recommendations

and comments.

SUMMARY: This Notice is a Federal

Agency request for the public to

comment and provide recommendations

on biennial national enforcement and

compliance assurance priorities to be

addressed for fiscal years 2002 and

2003. This Notice expands Agency

efforts to establish national enforcement

and compliance assurance priorities by

seeking to engage a broader group of

stakeholders to identify those

environmental problems that should be

considered in selecting a focus for

future Federal enforcement and

compliance resources. The information

submitted by commentors will be

considered during the priority

identification process. Final priority

selections will be incorporated into the

EPA’s Office of Enforcement and

Compliance Assurance Memorandum of

Agreement Guidance (which provides

national program direction for all EPA

Regional offices). These priorities will

also affect implementation of the

enforcement and compliance goals and

objectives outlined in the EPA Strategic

Plan, as mandated under the

Government Performance and Results

Act.

DATES: The agency must receive

comments and recommendations on or

before October 30, 2000.

ADDRESSES: Submit all electronic

comments and recommendations to

docket.oeca@epa.gov. Please reference

Docket Number EC–2000–006 in the

submission. (Comments may be

submitted on disk in WordPerfect 8.0 or

earlier versions)

Written comments can be mailed to:

Enforcement & Compliance Docket and

Information Center (2201A). Docket

Number EC–2000–006. Office of

Enforcement and Compliance

Assurance, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

Comments may be delivered in person

to: Enforcement & Compliance Docket

and Information Center, U.S.

Environmental Protection Agency, Rm

4033, Ariel Rios Bldg., 1200

Pennsylvania Avenue, NW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Frederick Stiehl, Director, Enforcement

Planning, Targeting and Data Division;

Voice: (202) 564–2290, Fax:(202) 564–

0030.

SUPPLEMENTARY INFORMATION:

Contents

A. Background

B. Projected Process Time Frames

C. Review Information

A. Background

The Office of Enforcement and

Compliance Assurance (OECA)

negotiates a Memorandum of Agreement

(MOA) with each of the Agency’s ten

Regional offices. The MOA guidance,

sent out by OECA, establishes national

enforcement and compliance assurance

priorities and sets short term (two year)

program direction. The MOA guidance

provides the basis for the individual

agreements negotiated between OECA

and each Region. These agreements

describe Region-specific

implementation of the national and

local enforcement and compliance

priorities as the Agency works to

collectively meet its long term goals set

forth in the EPA Strategic Plan. The

intent of this FR Notice is to solicit

stakeholder input during the selection

process of potential FY 2002/2003 MOA

priorities. Earlier this spring,

stakeholders, EPA Regions, States, and

Tribes, were asked to comment on

current national enforcement and

compliance priorities and suggest any

changes or potential new priorities for

fiscal years 2002 and 2003. The Office

of Enforcement and Compliance

Assurance analyzed the many excellent

comments received thus far using the

following criteria:

(a) Risk Management: In what specific

areas can the Federal enforcement and

compliance assurance programs make a

significant positive impact on human

health or the environment? What are the

58274 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices

known or estimated public health or

environmental risks?

(b) Noncompliance: Are there

particular economic or industrial

sectors, geographic areas or facility

operations where regulated entities have

demonstrated serious patterns of

noncompliance?

(c) EPA Responsibility: What

identified national problem areas or

programs are better addressed through

EPA’s Federal capability in enforcement

or compliance assistance?

Based on the analysis of all proposals

received to date and ongoing priority

work, the Agency has drafted a

preliminary list of suggested FY 2002/

2003 priorities, as shown below. While

no final decisions have been made, this

preliminary list reflects input from field

personnel, state and local partners, as

well as EPA analyses and discussions.

Although not all areas suggested appear

on the preliminary list of national

candidates, the opportunity certainly

exists for these additional candidates to

be adopted as Regional, State, or local

level priorities. In considering the

following list, please bear in mind that

EPA remains committed to identifying a

limited number of national priorities so

as to provide flexibility to address some

of these other suggestions. In addition,

some of the current FY 2000/2001

priority areas may be carried forward

and/or refined in FY 2002/2003 to

complete unfinished work. The

following list is a starting point for

internal discussion and eventual

narrowing of the list by EPA

management. This list is divided into

the current FY 2000/2001 priorities and

suggested new areas. While the tables

below include a brief description of the

priority, greater detail and background

on each proposed priority can be found

at the DOCKET site identified in the

address section of this Federal Register.

I. CURRENT PRIORITIES

Priority Nature of concern

Clean Water Act/Wet Weather ........................... Run-off from wet weather events such as overflows from Combined Sewers, Sanitary Sewers,

or Concentrated Animal Feeding Operation (CAFO) discharges. Overflows contain bacteria

and other pathogens which cause illnesses and lead to impaired waters, including beach

and shellfish bed closures.

Safe Drinking Water Act/Microbial Rules ........... Ensuring compliance with microbial regulations and continued Federal support of the President’s Clean Water Action Plan. Adverse health effects of microbiological contamination include gastrointestinal distress, fever, pneumonia, dehydration (which can be life threatening), or death.

Clean Air Act/New Source Review/Prevention

Of Significant Deterioration.

Ensuring that New Source Review (NSR) requirements of the Clean Air Act (CAA) are implemented. Failure to comply with NSR and/or PSD requirements results in inadequate control

of emissions, thereby contributing thousands of unaccounted tons of pollution each year,

particularly of Nitrogen Oxides, Volatile Organic Compounds, and Particulate Matter.

Clean Air Act/Air Toxics ...................................... Ensuring reduction of public exposure to toxic air emissions through the adoption and implementation of Maximum Achievable Control Technology (MACT) standards.

Resource Conservation and Recovery Act/Permit Evaders.Prevent un-permitted waste handling and management operations.

Petroleum Refinery Sector ................................. Reducing air emissions and eliminate un-permitted releases from an estimated 162 operable

domestic refineries spread across the country.

Metal Services (Electroplating and Coating Sector).Addressing Metal service facilities which generate hazardous materials, such as cadmium,

chromium, cyanide, lead, mercury and selenium that are not in compliance and have not applied for discharge permits.

II. SUGGESTED NEW AREAS

Title Nature of concern

Fuels Management .............. Covers every aspect of the fuels handling process, including, but not limited to, oil production, petroleum refining,

fuels storage, transportation, as well as distribution of fuels from pipelines and underground storage tanks; releases can result in contamination to the air, soil, and water.

Federal Facilities .................. Operations at Federal facilities effect air, soil, groundwater, and surface water. Some of the more common

wastes are generated by hospital operations, laboratory operations, and treatment plant operations.

Cruise Ships ......................... A growing concern is the discharges from cruise ships, which include large volumes of gray water, sewage, oily

bilge water (which may contain solid waste), solid waste (plastics and paper) and various amounts of hazardous wastes, such as photo chemicals, dry cleaning fluids, and paint.

Automotive Salvaging .......... A pervasive environmental problem due primarily to pollutants such as waste oils, gas, mercury, PCBs and lead,

this priority includes salvage yards, shredder residue and dismantlers. Auto yards are located throughout the

United States, many of which are small businesses

Mining ................................... Several aspects/types of mining have been cited as significant cross-media problems: abandoned mines, coal

mining tail sites, and mineral mining operations. Human health and environmental problems have been linked

with acid leaching, air pollution, acid drainage, and refuse piles.

Hazardous Waste Transport/

Storage.

Particular concern has been focused around the rising number of ‘‘temporary’’ storage facilities that lack permits

and the converse problem of ‘‘old’’ storage becoming a Superfund concern, with hazardous wastes leaching

onto land and into water.

Pesticides ............................. Increasing number of reports of misuse, misapplication, and mislabeling of pesticide products (in particular, indoor-use only products, and worker protection regulated products) which lead to increased exposure risk to

human health and the environment. Adverse impacts can include pesticide poisoning or groundwater contamination.

Air Emissions/PM–10 ........... Particulate matter has been linked to health and respiratory problems, particularly among children and the elderly.

Excessive emissions of particulate matter are widespread, particularly in current non-attainment areas.

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices 58275

At this time we are inviting comment

on this preliminary list. Comments

received will provide the Agency with

a foundation from which to collectively

consider on-going priority work and

emerging areas as we develop a limited

number of recommended FY 2002/2003

priorities. When submitting responses to

this Notice, commentors should rank

which of the areas listed above should

be a top concern for national focus, as

well as suggesting others not included

on the current list. If additional problem

areas are identified, the commentor

should provide supporting information

relating to the previously listed criteria.

Again, suggested priority areas which

are not chosen may be candidates for

individual Regional or State attention

and/or continued investigation. For

example, information obtained from this

Notice will be helpful to the Agency as

it follows up on the recommendations

from the Innovation Task Force report

(this task force was established by the

National Partnership for Reinventing

Government) to consider the exclusive

or partial use of compliance assistance

as a tool for addressing environmental

risk and/or patterns of noncompliance.

B. Projected Process Time Frames

After receiving stakeholder responses

to this FR priority notice, EPA will

complete analysis of proposed priorities

and discuss the candidates at a

November 2000 enforcement and

compliance assurance priorities

meeting. Recommendations from this

meeting will be forwarded to EPA senior

management for discussion. In January

2001, EPA will issue the draft Office of

Enforcement and Compliance Assurance

FY 2002/2003 Memorandum of

Agreement Guidance to Regions, States

and stakeholders for final review. This

draft guidance will include the

proposed Agency enforcement and

compliance assurance national

priorities. The final MOA guidance

including final priorities will be issued

in April 2001.

C. Review Information

Persons interested in obtaining for

review, further background information

regarding current or proposed FY 2002–

2003 National Enforcement and

Compliance Assurance Priorities may

submit a request for hard copy or

electronic version of information to:

docket.oeca@epa.gov., or contact the

docket clerk at 202–564–2614. Please

reference Docket Number EC–2000–006

in the request. A reasonable fee may be

charged by EPA for copying docket

materials.

Dated: September 21, 2000.

Sylvia K. Lowrance,

Principal Deputy Assistant Administrator,

Office of Enforcement and Compliance

Assurance.

[FR Doc. 00–24791 Filed 9–27–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6877–2]

Announcement of Availability and

Request for Feedback on ResultsBased Approaches to Corrective

Action Guidance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: The intent of this notice is to

announce the availability of the initial

sections of the ‘‘Results-Based

Approaches to Corrective Action’’ draft

guidance document and invite public

comment. This is the second of three

scheduled draft guidance documents to

be made available for public comment

under the RCRA Cleanup Reforms (July

8, 1999). By inviting feedback we hope

to encourage greater involvement by

states, industry, and the public. There

will be a 60-day public comment period

for the initial sections of the draft

guidance document ‘‘Results-Based

Approaches to Corrective Action.’’

DATES: Comments may be submitted

until November 27, 2000.

ADDRESSES: If you wish to comment on

the available sections of the above draft

guidance document you should send an

original and two copies of your

comments, referencing docket number

F–2000–RBAA–FFFFF. If using regular

U.S. Postal Service mail to: RCRA

Docket Information Center, U.S.

Environmental Protection Agency

Headquarters (EPA HQ), Office of Solid

Waste, Ariel Rios Building (5305G),

1200 Pennsylvania Avenue NW,

Washington, DC 20460–0002. If using

special delivery such as overnight

express service send to: RCRA Docket

Information Center (RIC), Crystal

Gateway I, 1235 Jefferson Davis

Highway, First Floor, Arlington, VA

22202. Hand deliveries of comments

should be made to the Arlington, VA,

address above. You may also submit

comments electronically through the

Internet to: rcra-docket@epa.gov.

Comments in electronic format must

also reference the docket number F–

2000–RBAA–FFFFF. If you choose to

submit your comments electronically,

you should submit them as an ASCII file

and should avoid the use of special

characters and any form of encryption.

You should not submit electronically

confidential business information (CBI).

You must submit an original and two

copies of CBI under separate cover to:

RCRA CBI Document Control Officer,

Office of Solid Waste, U.S. EPA, Ariel

Rios Building (5305W), 1200

Pennsylvania Avenue NW, Washington,

DC 20460–0002.

Any public feedback we receive and

supporting materials will be available

for viewing in the RCRA Information

Center (RIC), located at Crystal Gateway

I, First Floor, 1235 Jefferson Davis

Highway, Arlington, VA. The RIC is

open from 9 a.m. to 4 p.m., Monday

through Friday, excluding federal

holidays. To review docket materials,

we recommend that you make an

appointment by calling 703–603–9230.

You may copy a maximum of 100 pages

from any regulatory docket at no charge.

Additional copies cost $0.15/page. The

index and some supporting materials

are available electronically. See the

Supplementary Information section of

this Federal Register notice for

information on accessing the index and

these supporting materials.

The Agency is posting this document

on the Corrective Action website: http:/

/www.epa.gov/correctiveaction. If you

would like to receive a hard copy,

please call the RCRA Hotline at 800–

424–9346 or TDD 800–553–7672

(hearing impaired).

FOR FURTHER INFORMATION CONTACT: For

general information or to obtain copies

of the draft guidance document contact

the RCRA Hotline at 800–424–9346 or

TDD 800–553–7672 (hearing impaired).

In the Washington, DC, metropolitan

area, call 703–412–9810 or TDD 703–

412–3323.

For more detailed information on

specific aspects of the draft guidance

document, contact Andrew Baca, Office

of Solid Waste, 5303W, U.S.

Environmental Protection Agency, 1200

Pennsylvania Avenue NW., Washington,

DC 20460, (703–308–6787),

(baca.andrew@epa.gov).

SUPPLEMENTARY INFORMATION: The draft

guidance document will be available on

the Internet at: http://www.epa.gov/

correctiveaction. Results-Based

Approaches to Corrective Action—This

guidance will take the form of an

overview and supporting documents.

The ‘‘Overview’’ and ‘‘Tailored

Oversight’’ sections are now available

for public review. The ‘‘Results-Based

Approaches to Corrective Action:

Overview’’ defines results-based

corrective action and lists some of the

approaches recommended to help