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
14938 Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Notices

the existence of flow control measures.

Data also indicate that flow control is

not essential for developing MSW

capacity or for achieving recycling

goals.

The Agency examined flow control

nation-wide, finding that 35 states, the

District of Columbia, and the Virgin

Islands authorize flow control directly.

Four additional states authorize flow

control indirectly through mechanisms

such as solid waste management plans

and home rule authority. Eleven states

do not have flow control authority. It is

important to recognize that the Report

presents a national perspective on flow

control, and that the needs and

objectives of state and local jurisdictions

may differ significantly from a national

viewpoint. Factors such as local waste

generation rates, financial and market

conditions, demographics, and the local

economy affect the planning and

implementation of solid waste

management systems.

ADDRESSES: Paper copies of the full

Report are available from the National

Technical Information Service (NTIS) at

1–703–487–4650. The document

number is PB95–179 263 (EPA530–R–

95–008). Copies of the Report’s

Executive Summary (EPA530–S–95–

008) are free, and may be obtained by

calling the RCRA/Superfund Hotline at

1–800–424–9346; 1–800–553–7672

(TDD).

EPA is making these documents

available electronically. The Agency is

interested in learning whether people

have obtained them electronically and

what their experiences were in doing so.

You are encouraged to provide feedback

on the electronic availability of these

documents by sending E-mail to OSWPilot @epamail.epa.gov. The Report and

the Executive Summary can be accessed

in electronic format on the Internet

System through:

EPA Public Access Gopher Server: Go to

gopher.epa.gov; from the main menu,

choose ‘‘EPA Offices and Regions’’;

next, choose ‘‘Office of Solid Waste

and Emergency Response (OSWER)’’;

finally, choose ‘‘Office of Solid Waste/

Nonhazardous/Municipal Solid

Waste/General.’’

Through FTP: Go to ftp.epa.gov; Login:

anonymous; Password: Your Internet

Address. Files are located in

directories/pub/gopher. All OSW files

are in directories beginning with

‘‘OSW.’’

Through MOSAIC: Go to http://

www.epa.gov; choose the EPA Public

Access Gopher; from the main

(Gopher) menu, choose ‘‘EPA Office

and Regions.’’ Next, choose ‘‘Office of

Solid Waste and Emergency Response

(OSWER).’’ Finally, choose ‘‘Office of

Solid Waste/Nonhazardous/

Municipal Solid Waste/General.’’

Through Dial-up Access: Dial 919–558–

0335. Choose EPA Public Access

Gopher. From the main (Gopher)

menu, choose ‘‘EPA Offices and

Regions’’; then ‘‘Office of Solid Waste

and Emergency Response (OSWER)’’;

finally, ‘‘Office of Solid Waste/

Nonhazardous/Municipal Solid

Waste/General.’’

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA/

Superfund Hotline at 1–800–424–9346

or 1–800–553–7673 (TDD); in the

Washington, DC metropolitan area, 703–

412–9810 or 703–412–3323 (TDD). For

technical information on specific

aspects of the Report, contact Angie

Leith (5306), Office of Solid Waste, U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460,

(703) 308–7253.

Dated: March 15, 1995.

Elizabeth A. Cotsworth,

Acting Director, Office of Solid Waste.

[FR Doc. 95–6925 Filed 3–20–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5175–5]

Common Sense Initiative Council,

Computers and Electronics Sector

Subcommittee; Meeting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Common Sense Initiative

Council, Computer and Electronics

Sector Subcommittee, notice of meeting.

SUMMARY: The Environmental Protection

Agency established the Common Sense

Initiative Council (CSIC) on October 17,

1994, to provide independent advice

and counsel to EPA on environmental

issues associated with the electronics

and computer industry and other

industrial sectors. The charter was

authorized through October 17, 1996,

under regulations established by the

Federal Advisory Committee Act

(FACA). The Computer and Electronics

Subcommittee (CSIC–CES) operates as a

subcommittee of the CSIC.

OPEN MEETING NOTICE: Notice is hereby

given that the CSIC–CES Subcommittee

will hold an open meeting on

Wednesday, April 12, from 8:30 a.m. to

5:00 p.m., and Thursday, April 13, from

8:30 a.m. to 3:00 p.m., at the Hyatt

Regency Crystal City, Regency Ballroom,

2799 Jefferson Davis Highway,

Arlington, VA 22202. Seating will be

available on a first-come, first-serve

basis.

The meeting will include review and

discussion of subcommittee operating

principles, discussion of subcommittee

information needs, review and approval

of proposed workplan items, formation

of workgroups for accepted workplan

items, and presentations on ongoing

related Agency activities. Opportunity

for public comment on major issues

under discussion will be provided at

intervals throughout the meeting.

INSPECTION OF COMMITTEE DOCUMENTS:

Documents relating to the above noted

topics will be publicly available at the

meeting. Thereafter, these documents,

together with the CSIC–CES meeting

minutes, will be available for public

inspection in room 2417M of EPA

Headquarters, 401 M Street SW.,

Washington, DC, phone (202) 260–7417.

FOR FURTHER INFORMATION CONTACT:

Concerning this meeting of the CSIC–

CES, please contact Gina Bushong, US

EPA (202) 260–3797, FAX (202) 260–

1096, or by mail at US EPA (7405), 401

M Street SW., Washington, DC 20460;

Mark Mahoney, Region 1, US EPA, (617)

565–1155; or Dave Jones, Region 9, U.S.

EPA, (415) 744–2266.

Dated: March 15, 1995.

Gina Bushong,

Designated Federal Officer.

[FR Doc. 95–6927 Filed 3–20–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5175–1]

Maryland Department of the

Environment: Partial Program

Adequacy Determination of State/

Tribal Municipal Solid Waste Permit

Program

AGENCY: Environmental Protection

Agency Region 3.

ACTION: Notice of tentative

determination on the Maryland

Department of the Environment’s

application for a partial program

adequacy determination, public hearing

and public comment period.

SUMMARY: Section 4005(c)(1)(B) of the

Resource Conservation and Recovery

Act (RCRA), as amended by the

Hazardous and Solid Waste

Amendments (HSWA) of 1984, requires

States to develop and implement permit

programs to ensure that municipal solid

waste landfills (MSWLFs) which may

receive hazardous household waste or

small quantity generator waste will

comply with the revised Federal

MSWLF Criteria (40 CFR Part 258).

RCRA Section 4005(c)(1)(C) requires the

Environmental Protection Agency (EPA)

to determine whether States have

adequate ‘‘permit’’ programs for