This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

13650

Vol. 60, No. 49

Tuesday, March 14, 1995

DEPARTMENT OF AGRICULTURE

Rural Housing and Community

Development Service

Rural Business and Cooperative

Development Service

Rural Utilities Service

Consolidated Farm Service Agency

7 CFR Part 1940

RIN 0575–AB64

Environmental Program

AGENCIES: Rural Housing and

Community Development Service, Rural

Business and Cooperative Development

Service, Rural Utilities Service, and

Consolidated Farm Service Agency,

USDA.

ACTION: Proposed rule.

SUMMARY: The Agencies propose to

revise their Environmental regulation.

This action is necessary to clarify the

meaning of two existing sections. The

intended effect of this action is to

reorganize and supplement the existing

sections to provide a better

understanding of the threshold criteria

used to differentiate between Class I and

Class II environmental assessments.

DATES: Comments must be received on

or before May 15, 1995.

ADDRESSES: Submit written comments

in duplicate to the office of the Chief,

Regulations, Analysis, and Control

Branch, Rural Economic and

Community Development, U.S.

Department of Agriculture, Room 6348,

South Agriculture Building, 14th Street

and Independence Avenue SW.,

Washington, D.C. 20250–0700.

FOR FURTHER INFORMATION CONTACT:

Donald O. Lander, Senior

Environmental Protection Specialist,

Environmental Support Branch,

Program Support Staff, Rural Housing

and Community Development Service,

U.S. Department of Agriculture, Room

6309, South Agriculture Building, 14th

Street and Independence Avenue SW.,

Washington, D.C. 20250–0700;

telephone (202) 720–9619.

SUPPLEMENTARY INFORMATION:

Classification

We are issuing this proposed rule in

conformance with Executive Order

12866, and the Office of Management

and Budget (OMB) has determined that

it is a ‘‘significant regulatory action’’.

Intergovernmental Consultation

This rule affects the following Agency

programs as listed in the Catalog of

Federal Domestic Assistance (CFDA):

10.434—Nonprofit National Corporations

Loan and Grant Program

10.760—Water and Waste Disposal Systems

for Rural Communities

10.761—Technical Assistance and Training

Grants

10.762—Solid Waste Management Grants

10.763—Emergency Community Water

Assistance Grants

10.766—Community Facilities Loans

10.767—Intermediary Relending Programs

10.768—Business and Industrial Loans

10.769—Rural Business Enterprise and

Television Demonstration Grants

10.770—Water and Waste Disposal Loans

and Grants (Section 306C)

10.771—Rural Technology Development

Grants

Executive Order 12372 requires

intergovernmental consultation with

State and local officials. Of the FmHA

programs affected by this rule, the

following are subject to the provisions

of Executive Order 12372: 10.760,

10.763, 10.766, 10.767, 10.768, 10.769,

10.770, and 10.771.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–602), the

undersigned has determined and

certified by signature of this document

that this rule will not have a significant

economic impact on a substantial

number of small entities since this

rulemaking action does not involve a

new or expanded program. Therefore a

regulatory flexibility analysis was not

prepared.

Civil Justice Reform

This document has been reviewed in

accordance with Executive Order 12778.

It is the determination of the Agencies

that this action does not unduly burden

the Federal Court System in that it

meets all applicable standards provided

in Section 2 of the Executive Order.

Environmental Impact Statement

This document has been reviewed in

accordance with 7 CFR part 1940,

subpart G, ‘‘Environmental Program.’’

The Agencies have determined that this

action does not constitute a major

Federal action significantly affecting the

quality of the human environment, and

in accordance with the National

Environmental Policy Act of 1969,

Public Law 91–190, an Environmental

Impact Statement is not required.

Paperwork Reduction Act

The information collection

requirements contained in this

regulation have been approved by the

Office of Management and Budget

(OMB) under the provisions of 44 U.S.C.

Chapter 35 and has been assigned OMB

control number 0575–0094 in

accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3507).

This proposed rule does not revise or

impose any new information collection

or recordkeeping requirement from

those approved by OMB.

Background

Section 1940.311 describes certain

threshold criteria for projects which

may complete an environmental review

using the format for a Class I

environmental assessment.

In § 1940.311(b)(1)(i) there has been

confusion as to what constitutes a

‘‘substantial increase’’ relating to a

withdrawal or discharge. This confusion

has resulted in the unnecessary

completion of Class II environmental

assessments for some utility projects.

The regulation will be revised to

clarify this section by distinguishing

between discharges and withdrawals,

and to provide guidance relating to

substantial increases.

In § 1940.311(b)(1)(ii) there has been

confusion about interpreting the

withdrawal rate to achieve a 50,000

gallon per day withdrawal from surface

or groundwater for a new withdrawal

facility. A common engineering practice

is to design the pumping facility to

achieve the average daily withdrawal in

less than a 24 hour period to provide an

adequate safety factor. However, some

loan officials calculate the withdrawal

based on pumping the source including

any backup source on a 24 hour basis.

This results in completion of a higher

level of environmental review than is

required.
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13651

The regulation is proposed to be

revised to clarify this section by

changing the unit of measurement from

gallons per day, to an equivalent

population served. This will eliminate

the confusion, and should not result in

a change to the threshold as the present

threshold of 50,000 gallons per day for

a new withdrawal is based on EPA’s

definition of Very Small Water Systems,

‘‘systems serving up to 500 people.’’

Based on an average daily demand of

100 gallons per day per capita, the

average daily withdrawal for very small

systems will be 50,000 gallons per day.

To be consistent, the equivalent

population will also be used for

discharges.

Section 1940.311(b)(1)(v) will also be

revised to remove the apparent conflict

created by the revision to

§ 1940.311(b)(1)(ii).

In § 1940.311(b)(2) there has been

confusion about the number of beds

which may be added to an existing

facility. This confusion has resulted in

the unnecessary completion of Class II

environmental assessments for some

essential community facility projects.

The regulation is proposed to be

revised to clarify this section by

separately specifying the number of

beds for new and existing projects.

In § 1940.311(b)(3)(iii) there has been

confusion about whether medical waste

is considered to be a hazardous waste.

This confusion has resulted in the

unnecessary completion of Class II

environmental assessments for some

essential community facility projects.

The regulation is proposed to be

revised to clarify this section by adding

a new section that will deal specifically

with medical wastes.

List of Subjects in 7 CFR Part 1940

Endangered and threatened wildlife,

Environmental protection, Floodplains,

National wild and scenic river system,

Natural resources, Recreation, Water

supply.

Accordingly, the Agencies propose to

amend Chapter XVIII, Title 7, Code of

Federal Regulations as follows.

PART 1940—GENERAL

1. The authority citation for part 1940

continues to read as follows:

Authority: 7 U.S.C. 1989; 42 U.S.C. 1480;

5 U.S.C. 301; 7 CFR 2.23 and 2.70.

Subpart G—Environmental Program

2. Section 1940.311 is amended by

redesignating paragraph (b)(3)(iii) as

(b)(3)(iv); revising paragraphs (b)(1)(i),

(b)(1)(ii), (b))(1)(v), and (b)(2); and

adding a new paragraph (b)(3)(iii) to

read as follows:

§ 1940.311 Environmental assessments for

Class I actions.

* * * * *

(b) * * *

(1) * * *

(i) For existing Systems, there will not

be either:

(A) A substantial increase in the

volume of an existing discharge or the

loading of pollutants from an existing or

expanded sewage treatment facilities, or

(B) A substantial increase in an

existing withdrawal from surface or

ground waters.

(C) The existence of a substantial

increase will depend on the particulars

of the situation under consideration.

Each proposal should be examined for

the possibility of a substantial increase

in discharge or withdrawal. A

substantial increase may or may not be

determined by such factors as: evidence

of a large increase in pump or pipe size,

other evidence of a large increase in

hydraulic capacity, or the need for a

new or amended discharge or

withdrawal permit. Whatever factors are

considered, the rationale behind the

decision should be documented as part

of the Class I assessment.

(ii) For all systems (existing and new),

there will not be either:

(A) A new discharge to surface or

ground waters, such that the additional

design capacity of the facility exceeds

the average daily discharge of an

equivalent population of 500 persons, or

(B) A new withdrawal from surface or

ground waters such that the additional

design capacity of the facility exceeds

the demand needed to serve an

equivalent population of 500 persons,

and

(C) The potential water quality

impacts are analyzed and documented

in the manner required for a Class II

assessment and attached as an exhibit to

the Class I assessment.

(D) A new well solely to provide

‘‘backup’’ capacity, required by a State

regulatory agency or standard

engineering practice, is not considered a

new withdrawal.

* * * * *

(v) For a proposed expansion of a

sewage treatment or water supply

facility, such expansion would serve an

equivalent population that is no more

than 20 percent or 500 persons

(whichever is the larger) greater than the

existing population.

* * * * *

(2) Financial assistance for existing

group homes, detention facilities,

nursing homes, or hospitals that add no

more than 25 beds or increase the

number of beds by no more than 25

percent, whichever is greater, or new

facilities of not more than 25 beds.

(3) * * *

(iii) Do not produce infectious,

medical, biological, or special medical

wastes (including radiological waste of

medical origin) that would exceed small

quantity generator limits as established

by the appropriate regulatory agency,

and provided the facility’s management

plan is reviewed to ensure compliance

with the regulatory agency

requirements. The management plan

should include standard operating

procedures for notification, permitting,

and recordkeeping requirements as well

as handling, storage, packaging, and

disposal of infectious waste materials.

Documentation of the compliance

review must be attached as an exhibit to

the Class I assessment.

* * * * *

Dated: February 27, 1995.

Michael V. Dunn

Acting Under Secretary for Rural Economic

and Community Development.

[FR Doc. 95–6228 Filed 3–13–95; 8:45 am]

BILLING CODE 3410–17–U

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 154, 158, 201, 250, and 284

[Docket No. RM95–3–000; Rm95–4–000]

Filing and Reporting Requirements for

Interstate Natural Gas Company Rate

Schedules and Tariffs; Revisions to

Uniform System of Accounts Forms,

Statements, and Reporting

Requirements for Natural Gas

Companies; Notice of Informal

Technical Conference

March 8, 1995.

AGENCY: Federal Energy Regulatory

Commission.

ACTION: Proposed rule; notice of

informal technical conference.

SUMMARY: The Federal Energy

Regulatory Commission will hold an

informal technical conference pursuant

to the Notices of Proposed Rulemaking

issued on December 16, 1994, in Docket

Nos. RM95–3–000 and RM95–4–000.

The conference is a preliminary step in

the process of modifying the electronic

filing requirements to complement the

proposed revisions to the regulations set

forth in the December 16, 1994 notices.

DATES: Tuesday and Wednesday, April

4 and 5, 1995: 9:00 a.m.

ADDRESSES: Federal Energy Regulatory

Commission, 810 First Street, NE.,

Washington, DC 20426.