14936 Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Notices

TABLE ONE

Type of service

Step two of the existing

rates October 1, 1995,

through January 31,

1999

Proposed rates October

1, 1995, through September 30, 2000

Percent

change

(%)

Composite Rate ..................................................................................................... 12.01 mills/kWh ............ 6.62 mills/kWh .............. ¥45

Energy Rate ........................................................................................................... 6.01 mills/kWh .............. 1.91 mills/kWh .............. ¥68

Capacity Rate ........................................................................................................ $2.63 per kW/month ..... $2.06 per kW/month ..... ¥22

Firm Transmission Service .................................................................................... $12.55 per kW/year ...... $13.28 per kW/year ...... 6

Nonfirm Transmission Service ............................................................................... 2.39 mills/kWh .............. 2.53 mills/kWh .............. 6

Transmission Service for SLCA/IP ........................................................................ $6.27 per kW/season ... $6.64 per kW/season ... 6

Overall, annual revenue requirements for the proposed rates has slightly increased as compared to step one of

the existing rates and has decreased as compared to step two of the existing rates. Table Two shows a comparison

of the annual revenue requirements for step one of the existing rates, step two of the existing rates, and the proposed

rates.

TABLE TWO

Step one of the existing rates (February 1,

1994, through September 30, 1995)

Step two of the existing rates (October 1,

1995, through January 31, 1999)

Proposed rates (October 1, 1995, through

September 30, 2000)

$37,209,290 $42,099,987 $37,385,908

Since the proposed P–DP rates

constitute a major rate adjustment as

defined by the procedures for public

participation in general rate

adjustments, as cited below, both a

public information forum and a public

comment forum will be held. After

review of public comments, Western

will recommend proposed P–DP rates

for approval on an interim basis by the

Deputy Secretary of DOE (Deputy

Secretary).

DATES: The consultation and comment

period will begin with publication of

this notice in the Federal Register and

will end not less than 90 days later, or

June 21, 1995, whichever occurs last. A

public information forum will be held at

9:30 a.m. on April 5, 1995, at Western’s

Phoenix Area Office, 615 South 43rd

Avenue, Phoenix, Arizona. A public

comment forum at which Western will

receive oral and written comments will

be held at 9:30 a.m. on May 15, 1995,

also at Western’s Phoenix Area Office.

Written comments should be received

by Western by the end of the

consultation and comment period to be

assured consideration and should be

sent to the address below.

FOR FURTHER INFORMATION CONTACT: Mr.

J. Tyler Carlson, Area Manager, Western

Area Power Administration, Phoenix

Area Office, P.O. Box 6457, Phoenix, AZ

85005, (602) 352–2453.

SUPPLEMENTARY INFORMATION: Power and

transmission rates for the P-DP are

established pursuant to the Department

of Energy Organization Act (42 U.S.C.

7101 et seq.), the Reclamation Act of

1902 (43 U.S.C. 392 et seq.), as amended

and supplemented by subsequent

enactments, particularly section 9(c) of

the Reclamation Project Act of 1939 (43

U.S.C. 485h(c)), and the Act of May 28,

1954 (ch. 241, 68 Stat. 143).

By Amendment No. 3 to Delegation

Order No. 0204–108, published

November 10, 1993 (58 FR 59716), the

Secretary of Energy (Secretary)

delegated (1) the authority to develop

long-term power and transmission rates

on a nonexclusive basis to the

Administrator of Western; (2) the

authority to confirm, approve, and place

such rates in effect on an interim basis

to the Deputy Secretary; and (3) the

authority to confirm, approve, and place

into effect on a final basis, to remand,

or to disapprove such rates to the FERC.

Existing DOE procedures for public

participation in rate adjustments (10

CFR Part 903) became effective on

September 18, 1985 (50 FR 37837).

Availability of Information

All brochures, studies, comments,

letters, memorandums, and other

documents made or kept by Western for

the purpose of developing the proposed

P-DP rates for firm power and firm and

nonfirm transmission service are and

will be made available for inspection

and copying at the Phoenix Area Office,

615 South 43rd Avenue, Phoenix,

Arizona 85005.

Determination Under Executive Order

12866

DOE has determined that this is not

a significant regulatory action because it

does not meet the criteria of Executive

Order 12866, 58 FR 51735. Western has

an exemption from centralized

regulatory review under Executive

Order 12866; accordingly, no clearance

of this notice by the Office of

Management and Budget is required.

Environmental Evaluation

In compliance with the National

Environmental Policy Act of 1969

(NEPA), 42 U.S.C. 4321 et seq.; Council

on Environmental Quality Regulations

(40 CFR Parts 1500–1508); and DOE

NEPA Regulations (10 CFR Part 1021),

Western has determined that this action

is categorically excluded from the

preparation of an environmental

assessment or an environmental impact

statement.

Issued in Golden, Colorado, March 10,

1995.

J. M. Shafer,

Administrator.

[FR Doc. 95–6913 Filed 3–20–95; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5175–7]

Acid Rain Provisions

AGENCY: Environmental Protection

Agency.

ACTION: Notice.

SUMMARY: EPA announces extension of

the April 1, 1994 and April 1, 1995

deadlines for small diesel refineries to

request allowances under the Acid Rain

Program. These deadlines are extended

to May 15, 1995. This extension is

warranted by confusion regarding small

diesel refinery eligibility for allowance

allocations.
Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Notices 14937

FOR FURTHER INFORMATION CONTACT:

Kathy Barylski, EPA Acid Rain Division

(6204J), 401 M Street., SW., Washington

DC 20460; telephone (202) 233–9074.

SUPPLEMENTARY INFORMATION:

1. Background

Title IV of the Clean Air Act

Amendments of 1990 (CAAA)

established the Acid Rain Program to

reduce acid rain in the United States.

The Acid Rain Program will achieve a

50 percent reduction in sulfur dioxide

(SO2) emissions from utility units. The

SO2 reduction program is a flexible

market-based approach to

environmental management. As part of

this approach, EPA allocates

‘‘allowances’’ to affected utility units.

Each allowance is a limited

authorization to emit up to one ton of

SO2. At the end of each calendar year,

each unit must hold allowances in an

amount equal to or greater than its SO2

emissions for the year. Allowances may

be bought, sold, or transferred between

utilities and other interested parties.

Section 410(h) of the Clean Air Act

provides allowances for small diesel

refineries that produce diesel fuel that

meets the requirements of section 211(i)

(that ‘‘desulfurize’’ diesel fuel) during

the period from October 1, 1993 through

December 31, 1999. Section 410(h)

limits the annual allocations to small

diesel refineries to 35,000, as compared

to the 8.95 million allowances for Phase

II utilities. Also, each eligible small

diesel refinery is limited to 1500

allowances per year. Small diesel

refineries are not otherwise affected by

the Acid Rain Program and do not need

the allowances to comply with any

provision of the Clean Air Act. Thus,

the allowances serve as a financial

benefit to small diesel refineries

desulfurizing diesel fuel.

2. Clarification of Eligibility

The preamble to both the proposed

(56 FR 29940, July 7, 1992) and final

rules (57 FR 15645, March 23, 1993)

concerning the allocation of acid rain

allowances to small refineries stated

that only small diesel refineries that

desulfurized both on-road and off-road

diesel fuels would be eligible for

allowances. However, the text of the

rule allowed all small refineries

desulfurizing diesel fuel eligible to

receive allowances. 40 CFR 73.90.

The purpose of today’s notice is to

remedy any confusion caused by the

language in both preambles and to

provide all eligible small refiners with

an opportunity to participate in the

allowance program. This notice clarifies

that small refineries do not have to

desulfurize all diesel fuel to be eligible

for allowances and supersedes the

preamble language.

Contrary to assertions EPA made in

the preamble to the final rule, nothing

in section 410(h) clearly requires a small

refiner to desulfurize all of its on-road

diesel fuel as well as all of its off-road

diesel fuel to obtain allowances. In

particular, the declaration in the

preamble that the section 410(h)(6)

certification provision is ‘‘insistent’’ on

both on-road and off-road diesel fuel

being desulfurized ignores alternative

interpretations of the certification

language that would simply read it to

require that allowances could be

claimed only for the fuel that meets the

section 211(i) standard. Rather than

reading the certification to impose a

substantive requirement not expressed

elsewhere in section 410(h), the better

reading of the subsection as a whole is

that allowances may be claimed for all

motor diesel fuel meeting section 211(i)

that is produced at the small refinery.

This interpretation is consistent with

the statute and the text of the regulation

and has been EPA policy in applying

the regulation to the requests for

allowances for 1993 fuel

desulfurization.

EPA will consider a small diesel

refinery eligible for allocation of

allowances based solely on the

requirements in the definition of ‘‘small

diesel refinery’’ at 40 CFR 72.2. A small

diesel refinery does not have to certify

that it desulfurizes both on-road and offroad diesel fuel.

3. Extension of 1994 and 1995 Filing

Deadlines

EPA acknowledges that the preamble

to the final rule, when compared to the

rule itself, created confusion as to the

criteria for eligibility. In implementing

this program, EPA has followed the

statutory criteria, as implemented at 40

CFR 73.90 and 72.2.

After EPA provided notice of the

allowances allocated to small diesel

refineries in 1994 (59 FR 34811, July 7,

1994), several small refineries notified

EPA that some refineries that had not

desulfurized 100 percent of their diesel

throughput were allocated allowances.

The commenting refineries argued that

these refineries, based on the criteria

stated in the preamble to the rule,

should not be eligible for allowances.

The small refineries that notified EPA

sought to be deemed eligible for

allowances, in addition to the group

listed in the Federal Register notice.

In order to be fair to all small diesel

refineries, EPA is extending the April 1,

1994 deadline until May 15, 1995.

Refineries that did not apply for

certification of eligibility or request

allowances for 1993 desulfurization

because they thought they were not

eligible should apply for certification of

eligibility and request allocations no

later than May 15, 1995. All refineries

that wish to be allocated allowances for

1994 desulfurization must request

allocations no later than May 15, 1995.

For each year in the future, the date for

requests remains April 1.

Dated: March 15, 1995.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 95–6924 Filed 3–20–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5175–6]

Flow Control and Municipal Solid

Waste; Availability of Report to

Congress

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the

availability of a Report to Congress on

Flow Control and Municipal Solid

Waste. Flow controls are legal

provisions that allow state and local

governments to designate where

Municipal Solid Waste (MSW) must be

taken for processing, treatment, or

disposal. These designated facilities

may hold local monopolies on MSW

and/or recoverable materials because of

flow controls. Consequently, flow

control has become a heavily debated

issue among state and local

governments, the waste management

industry, the recycling industry, and

environmental groups.

The 102nd Congress directed the

Environmental Protection Agency (EPA)

to review flow control as a form of MSW

management. Congress asked EPA to: (1)

Review and compare states with and

without flow control authority; (2)

identify the impact of flow controls on

human health and the environment; and

(3) describe the impacts of flow control

on the development of state and local

waste management, and on the

achievement of state and local goals set

for source reduction, materials reuse,

and recycling.

The Report indicates that flow

controls are an administratively efficient

tool for local governments to plan and

fund solid waste management systems.

However, protection of human health

and the environment is directly related

to the implementation and enforcement

of federal, state, and local

environmental regulations, and not to