Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70819 

85 824 F.2d at 1009. 

86Some of the proposals also appear to be beyond 

the scope of the Commission’s authority to 

implement. 

1Policy for Selective Discounting By Natural Gas 

Pipelines, 111 FERC§ 61,309 (2005). 

monitoring program, the Commission 

will continue to conduct audits on its 

own. 

124. Northern Municipals argue that 

the Commission erred in refusing to 

amend its regulations to require 

pipelines to post the reasons for each 

selective discount granted and the 

benefits of the discount to captive 

customers. They state that if customers 

want to oppose a discount, they must 

know the reason for it. Northern 

Municipals state that attempting to 

analyze a pipeline’s reasons for granting 

the discount in a later-filed rate case 

raises additional issues, including 

whether after-the-fact justification 

should be permitted and whether it is 

more difficult for the captive customers 

to eliminate discount adjustments for 

discounts that have already been 

provided to favored customers. 

125. As explained in the May 31 

Order, under section 284.13(b) of the 

Commission’s regulations, pipelines are 

required to post on their Web site 

information concerning any discounted 

transactions, including the name of the 

shipper, the maximum rate, the rate 

actually charged, the volumes, receipt 

and delivery points, the duration of the 

contract, and information on any 

affiliation between the shipper and the 

pipeline. Further, section 358.5(d) of the 

regulations requires pipelines to post on 

their Web site any offer of a discount at 

the conclusion of negotiations 

contemporaneous with the time the 

offer is contractually binding. This 

information provides shippers and the 

Commission with the price transparency 

needed to make informed decisions and 

to monitor transactions for undue 

discrimination and preference. As the 

court stated in AGD I,85 ‘‘the reporting 

system will enable the Commission to 

monitor behavior and to act promptly 

when it or another party detects 

behavior arguably falling under the bans 

of sections 4 and 5.’’

126. In determining whether a 

discount adjustment is appropriate in a 

rate case, the Commission determines 

whether the discount was required by 

competition at the time it was given. 

Thus, the competitive circumstances at 

the time of the discount are relevant and 

an ‘‘after-the-fact’’ justification that does 

not meet that standard would not 

support a discount adjustment. Nor 

would it be more difficult under this 

standard to ‘‘eliminate discount 

adjustments for discounts that have 

already been provided to favored 

customers.’’ Therefore, the request for 

rehearing is denied. The Commission 

will not change its informational 

posting requirements at this time. 

J. Proceeding To Investigate New Cost 

Allocation Methodologies 

127. Northern Municipals state that in 

the NOI the Commission requested 

comments on what alternative changes 

in the Commission’s policy could be 

considered to minimize any adverse 

effects on captive customers. Northern 

Municipals state that in response, it 

requested that the Commission institute 

proceedings to investigate a new cost 

allocation methodology that would 

more fairly allocate the costs of the 

pipeline system in proportion to the 

benefits a shipper derives from the 

system. Northern Municipals state that 

the Commission erred in not addressing 

this issue and asks the Commission 

address its alternative proposal on 

rehearing. 

128. Northern Municipals ask the 

Commission to consider and investigate 

a new approach to pipeline regulation 

that would mandate structural 

separation of the pipeline networks 

from their parent corporations and 

affiliates. Under Northern Municipals’

proposal, the pipeline network would 

be independently financed, would have 

its own board of directors, and would 

have common carrier status. Further, 

Northern Municipals state that the 

Commission should utilize a cost 

allocation methodology that assigns the 

costs of the interstate pipeline network 

to customers in direct proportion to the 

benefits that they derive from the use of 

the network. Northern Municipals also 

ask the Commission to consider 

implementing an independent system 

operator (ISO) similar to that in the 

electric industry. 

129. In the NOI, the Commission 

sought comments on what alternative 

changes in the Commission’s discount 

adjustment policy could be considered 

to minimize any adverse effect on 

captive customers. The issues raised by 

Northern Municipals are beyond the 

scope of this proceeding 86 and the 

Commission will not address them here. 

The Commission orders: The requests 

for rehearing are denied. 

By the Commission. Commissioner Kelly 

dissenting in part with a separate statement 

attached. 

Magalie R. Salas, 

Secretary. 

Kelly, Commissioner, dissenting in part: 

As I stated in the underlying order in this 

proceeding,1 I would have supported a 

requirement for pipelines to post on their 

Web sites the reasons for providing a 

selective discount to a particular shipper. 

Therefore, I respectfully dissent in part on 

this order. 

Suedeen G. Kelly 

[FR Doc. 05–23140 Filed 11–22–05; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[RCRA–2005–0011; FRL–8000–2] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Criteria for Classification of 

Solid Waste Disposal Facilities and 

Practices (Renewal), EPA ICR Number 

1745.05, OMB Control Number 2050–

0154 

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 an Information Collection Request 

(ICR) has been forwarded to the Office 

of Management and Budget (OMB) for 

review and approval. This is a request 

to renew an existing approved 

collection. This ICR is scheduled to 

expire on November 30, 2005. Under 

OMB regulations, the Agency may 

continue to conduct or sponsor the 

collection of information while this 

submission is pending at OMB. This ICR 

describes the nature of the information 

collection and its estimated burden and 

cost. 

DATES: Additional comments may be 

submitted on or before December 23, 

2005. 

ADDRESSES: Submit your comments, 

referencing docket ID number RCRA–

2005–0011, to (1) EPA online using 

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

to: EPA Docket Center, Environmental 

Protection Agency, Mail Code 5303T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, and (2) OMB at: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attention: Desk Officer 

for EPA, 725 17th Street, NW., 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Craig Dufficy, Municipal and Industrial 

Solid Waste Division of the Office of 

70820 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

Solid Waste, Mail Code 5306W, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 703–308–

9037; fax number: 703–308–8686; e-mail 

address: dufficy.craig@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On July 21, 2005 (70 FR 42061), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA received no 

comments. 

EPA has established a public docket 

for this ICR under Docket ID No. RCRA–

2005–0011, which is available for public 

viewing at the Office of Solid Waste and 

Emergency Response (OSWER) 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 OSWER Docket is (202) 566–0270. 

An electronic version of the public 

docket is available through EPA Dockets 

(EDOCKET) at http://www.epa.gov/ 

edocket. Use EDOCKET to 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 and OMB 

within 30 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, 

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 www.epa.gov/ 

edocket. 

Title: Criteria for Classification of 

Solid Waste Disposal Facilities and 

Practices (Renewal). 

Abstract: In order to effectively 

implement and enforce final changes to 

40 CFR part 257, subpart B on a State 

level, owners/operators of construction 

and demolition waste landfills that 

receive conditionally exempt small 

quantity generator hazardous wastes 

will have to comply with the final 

reporting and recordkeeping 

requirements. 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 number for EPA’s 

regulations are listed in 40 CFR part 9 

and 48 CFR chapter 15. This continuing 

ICR documents the recordkeeping and 

reporting burdens associated with the 

location and ground-water monitoring 

provisions contained in 40 CFR part 

257, subpart B. 

The information consists of facility 

operating records about any Location 

Restrictions such as Floodplains or 

Wetlands as specified in Sections 

257.8–257.9. In some cases waste 

disposal units may demonstrate that 

there is no potential for migration of 

hazardous constituents from the unit. 

Where the facility is small, arid, or 

remote, it may use alternative 

techniques such as placing 

documentation in the operating record 

to show that it has met the criteria. 

In cases where there is no such 

exemption, affected facilities will 

establish Ground-Water Monitoring 

Systems, Detection Monitoring 

Programs, and Assessment of such 

programs. These requirements range 

from one-time recordkeeping and/or 

reporting to annual reporting. Where a 

facility believes that the Assessment has 

produced a False Positive, it may 

demonstrate that by means of annual 

reporting. Where needed, Corrective 

Actions include reports and operating 

records about Selection and 

Implementation of Remedies. 

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 and are 

identified on the form and/or 

instrument, if applicable. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 74 hours per 

response. 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. 

Respondents/Affected Entities: 

Construction and demolition waste 

landfill owners/operators and State 

Agencies. 

Estimated Number of Respondents: 

183. 

Frequency of Response: On occasion. 

Estimated Total Annual Hour Burden: 

13,581 hours. 

Estimated Total Annual Cost: 

$1,577,659, which includes $640,967 

annualized capital expense, $936,692 

O&M costs, and $471,724 Labor costs for 

Respondents and States. 

Changes in the Estimates: There is a 

increase of 3,906 hours in the total 

estimated burden currently identified in 

the OMB Inventory of Approved ICR 

Burdens. This increase is due to the 

increase in the number of new 

construction & demolition waste 

disposal facilities that has occurred 

since the last renewal during the period 

of time from December 1, 2002 until 

November 30, 2005. 

Dated: November 15, 2005. 

Joseph A. Sierra, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. 05–23217 Filed 11–22–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OECA–2005–0029; FRL–8000–4] 

Agency Information Collection 

Activities; Submission for OMB Review 

and Approval; Comment Request; 

NSPS for Municipal Solid Waste 

Landfills (Renewal), ICR Number 

1557.06, OMB Number 2060–0220 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act, this