Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules 26859

Chicago FIP. On November 19, 1994 (59

FR 59739), USEPA published a

proposed rule on this reconsideration

which offered the opportunity for a

public hearing. A public hearing was

held on the November 19, 1994,

proposed rule on March 8, 1995, and the

public comment period was reopened

February 3, 1995 (60 FR 6687) and

remained open until April 7, 1995 (30

days after the public hearing). At the

request of Duo-Fast, USEPA is granting

a further ninety day extension of the

public comment period until July 6,

1995.

DATES: The public comment period is

reopened from May 19, 1995 until July

6, 1995.

ADDRESSES: Written comments on the

proposed rule should be addressed to: J.

Elmer Bortzer, Chief, Regulation

Development Section (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604. Comments

should be strictly limited to the subject

matter of the November 18, 1994

proposed rule.

FOR FURTHER INFORMATION CONTACT:

Steven Rosenthal, Regulation

Development Branch, 18th Floor

Southwest, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886–6052.

Dated: May 9, 1995.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 95–12303 Filed 5–18–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 281

[FRL–5208–8]

Connecticut, Approval of State

Underground Storage Tank Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of tentative

determination to approve the State of

Connecticut’s Underground Storage

Tank Program, Public Hearing and

Public Comment Period.

SUMMARY: The State of Connecticut has

applied for final approval of its

underground storage tank (UST)

program under Subtitle I of the Resource

Conservation and Recovery Act (RCRA),

42 U.S.C. 9004 et seq. The

Environmental Protection Agency (EPA)

has reviewed Connecticut’s application

and has made the tentative decision that

Connecticut’s underground storage tank

program satisfies all of the requirements

necessary to qualify for final program

approval. EPA intends to grant final

approval to Connecticut to operate its

program in lieu of the Federal program.

Connecticut’s application for final

approval is available for public review

and comment and a public hearing will

be held to solicit comments on the

application, if requested.

DATES: All written comments on

Connecticut’s state program approval

application must be postmarked no later

than June 21, 1995. EPA will then

respond to written comments where

issues are raised concerning EPA’s

tentative program approval.

A public hearing is scheduled for June

21, 1995. The hearing will begin at

10:00 a.m. and will continue until the

end of testimony or 1:00 p.m.,

whichever is later. Connecticut will

participate in any public hearing held

by EPA on this subject. Requests to

present oral comments at the hearing

must be received at EPA by June 14,

1995.

EPA reserves the right to cancel the

public hearing if significant public

interest in a hearing is not

communicated to EPA, in writing, and

postmarked by June 14, 1995.

EPA will determine after June 14,

1995 whether there is significant

interest to hold a public hearing. In the

event the public hearing is cancelled,

persons requesting to present oral

comments will be timely notified of the

cancellation.

ADDRESSES: Written comments should

be mailed to Andrea Beland,

Underground Storage Tank Program,

HPU–7, U.S. EPA, Region I, JFK Federal

Building, Boston, Massachusetts 02203,

Phone: (617) 573–9604.

The public hearing will be held at the

State Capitol Building, Old Judiciary

Hearing Room, 210 Capitol Ave.,

Hartford, Connecticut.

Copies of Connecticut’s final approval

application are available between 8:30

a.m.–4:00 p.m., Monday through Friday,

at the following locations for review and

copying:

Connecticut Department of

Environmental Protection, Waste

Management Bureau, 79 Elm Street,

Hartford, Connecticut 06106, Phone:

(203) 424–3374; (Attn.: Kelly

McShea);

U.S. EPA Headquarters, Library, Room

211A, 401 M Street, Washington, D.C.

20460, Phone: (202) 382–5926;

U.S. EPA, Region I Library, 1 Congress

Street, 11th Floor, Boston,

Massachusetts 02203, Phone: (617)

565–3300.

FOR FURTHER INFORMATION CONTACT:

Andrea Beland, HPU–7, Underground

Storage Tank Program, U.S. EPA, Region

I, JFK Federal Building, Boston,

Massachusetts 02203, Phone: (617) 573–

9604. Comments should be sent to this

address.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource

Conservation and Recovery Act (RCRA),

42 U.S.C. 9004, authorizes EPA to

approve State underground storage tank

programs to operate in lieu of the

Federal underground storage tank (UST)

program. Program approval is granted

by EPA, if the Agency finds that the

State program:

(1) Is ‘‘no less stringent’’ than the

Federal program in all eight elements

found at 40 CFR 281;

(2) Includes the notification

requirements found at Section

9004(a)(8), 42 U.S.C. 6991c(a)(8); and

(3) Provides for adequate enforcement

of compliance with UST standards at

Section 9004(a), 42 U.S.C. 6991c(a).

B. Connecticut

In February of 1991, the State of

Connecticut submitted a draft UST

application to EPA for program

approval. The Connecticut Department

of Environmental Protection (CT DEP)

prepared and submitted the application,

because it is responsible for the

underground storage tank regulatory

program and the leaking underground

storage tank corrective action program.

The CT DEP, working with EPA,

amended its UST rules, to meet the ‘‘no

less stringent’’ federal requirements.

Consistent with Connecticut’s laws, the

State provided public notice and an

opportunity to comment on the

amended regulations, Connecticut DEP

held public hearings on May 22, 1992

and on September 29, 1992. The

proposed regulations were rejected

without prejudice by Connecticut’s

Legislative Regulation Review

Committee (LRRC) most recently in

April of 1994. However, CT DEP

corrected the regulations and the LRRC

approved them. The regulations then

became effective on July 28, 1994, but

were not fully enforceable until they

were published on September 27, 1994.

In accordance with the requirements

of 40 CFR 281.50(b), Connecticut

published a public notice on April 14,

1992 and August 25, 1992, announcing

a public hearing to be held on May 22,

1992 and September 29, 1992,

respectively and requesting comments

on Connecticut’s intention to seek

program approval. On December 28,

1994, EPA received a Final Application

for program approval.

EPA reviewed Connecticut’s

application and tentatively determined

that the state’s program meets all of the
26860 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules

requirements necessary to qualify for

final program approval. Consequently,

EPA intends to grant final approval to

Connecticut to operate its UST program

in lieu of the Federal UST program.

Based on a detailed review of

Connecticut’s application for UST

program approval, EPA has determined

that the Connecticut Department of

Environmental Protection has

developed standards and criteria for the

design, installation, operation,

maintenance, and monitoring of

underground storage tanks to prevent

UST related ground and surface water

contamination, under the authority of

the Connecticut General Statue Section

22a–449(d) and Regulations of

Connecticut State Agency (‘‘R.C.S.A.’’)

Sections 22a–449(d)–101 through 113.

Connecticut General Law provides:

(1) Authority to promulgate UST

regulations for controlling underground

storage facilities containing petroleum

and hazardous substances;

(2) Authority to impose civil penalties

for violations of any statutory or

regulatory requirement;

(3) Authority to conduct compliance

monitoring inspections and other

enforcement activities;

(4) Authority to promulgate UST

notification requirements for owners

and operators of underground storage

tanks; and

(5) Authority for the response to,

clean up, and corrective actions of

petroleum or hazardous substance

releases.

C. Public Hearing and Comments

In accordance with Section 9004 of

RCRA, 42 U.S.C. 6991c and 40 CFR

281.50(e), if sufficient public interest is

received by June 14, 1995, EPA will

hold a public hearing on its tentative

decision on June 21, 1995 from 10:00

a.m.–1:00 p.m. in the State Capitol

Building, Old Judiciary Room, 210

Capitol Ave., Hartford, Connecticut.

The public may also submit written

comments on EPA’s tentative

determination. Written comments must

be postmarked by May 31, 1995 as to

allow EPA and the state a reasonable

opportunity to research and prepare

responses. Copies of Connecticut’s

application are available for inspection

and copying at the locations indicated

in the ADDRESSES section of this notice.

EPA will consider all public

comments on its tentative determination

received during the public comment

period and at the hearing. Issues raised

by those comments may be the basis for

a decision to deny final approval to

Connecticut. EPA expects to make a

final decision on whether or not to

approve Connecticut’s program within

sixty (60) days after the date of the

public hearing and will give notice of it

in the Federal Register. The notice will

include a summary of the reasons for

the final determination and a response

to all significant comments.

Compliance With Executive Order

122866

The Office of Management and Budget

has exempted this rule from the

requirement of Section 6 of Executive

Order 122866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C

605(b), I hereby certify that this

approval will not have a significant

economic impact on a substantial

number of small entities. The approval

of Connecticut’s UST program

effectively suspends the applicability of

the Federal UST regulations, thereby

eliminating duplicative requirements for

owners and operators of underground

storage tanks in the State of

Connecticut. It does not impose any

new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40 CFR Part 281

Environmental protection, Hazardous

substances, Incorporation by reference,

Intergovernmental relations, State

program approval, Underground storage

tanks, Water pollution control.

Authority: This notice is issued under the

authority of Section 9004 of the Solid Waste

Disposal Act as amended, 42 U.S.C 6991c.

Dated: May 6, 1995.

John P. DeVillars,

Regional Administrator.

[FR Doc. 95–12302 Filed 5–18–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[WT Docket No. 95–69, FCC 95–202]

Auctionable Services

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Notice of Proposed

Rulemaking contains proposed rules

pertaining to fees for certain services

and products provided to specific

persons and entities participating in

future Federal Communications

Commission auctions. In particular, the

proposal establishes fees for

Commission proprietary remote

software packages, on-line

communications service charges, and

bidder’s information packages in

connection with auctionable services.

The Commission, in establishing the

proposed fees, implements the

Independent Offices Appropriations

Act. The Commission’s proposal would

receiver the Federal Government’s cost

from any bidders utilizing Commissionprovided services.

DATES: Written comments must be

submitted by May 31, 1995, and written

reply comments must be submitted by

June 6, 1995.

ADDRESSES: Send comments and reply

comments to Office of the Secretary,

Federal Communications Commission,

Washington, D.C. 20554. Interested

parties who do not wish to participate

formally in this proceeding may file

informal comments at the same address.

FOR FURTHER INFORMATION CONTACT:

Bert Weintraub, Wireless

Telecommunications Bureau, (202) 418–

1316.

SUPPLEMENTARY INFORMATION: In

previous Federal Communications

Commission (hereafter, ‘‘Commission’’

or ‘‘FCC’’) auctions, bidders have paid

auction contractors of the Commission

fees consisting of the contractors’ costs

and a reasonable profit for remote

bidding software and an on-line access

charge. The Independent Offices

Appropriations Act (‘‘IOAA’’), codified

at 31 U.S.C. § 9701, permit fees and

charges for Government services and

things of value and authorizes agencies

to prescribe regulations establishing

charges for products and services

provided by the agency. The Office of

Management and Budget (‘‘OMB’’) has

issued policy guidance on fees via

Circular A–25 for agencies to recover

expenses. The OMB published a revised

revision of the Circular in the Federal

Register, 58 FR 38142 (July 15, 1993),

which provided updated policy

guidance on user fees. Pursuant to this

revision, the imposition of fees for

Government-provided products and

services conferring benefits on

identifiable recipients over and above

those benefits received by the general

public are encouraged. Under the OMB

Circular, agencies, in establishing fees,

are to select between ‘‘full cost’’ or

‘‘market price.’’

On August 10, 1993, the Omnibus

Budget Reconciliation Act of 1993, Pub.

L. No. 103–66, 107 Stat. 312, added a

new section 309(j) to the

Communications Act of 1934, 47 U.S.C.

§ 309(j). This amendment to the

Communications Act authorized the

Commission to use competitive bidding