18812 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Notices

Dated: April 4, 1995.

On February 23, 1995, the Economic

Regulatory Administration (ERA) of the

Department of Energy (DOE) filed a Petition

for the Implementation of Special Refund

Procedures with the Office of Hearings and

Appeals (OHA), to distribute crude oil

overcharge funds received from MAPCO, Inc.

(MAPCO) pursuant to a June 23, 1994

Settlement Agreement. The Settlement

Agreement resolved claims and litigation

arising from an April 21, 1986 Remedial

Order originally issued to MAPCO Inc.’s

subsidiary MAPCO International, Inc.

(MAPCO International) (Case No. HRO–

0193). In accordance with the provisions of

the procedural regulations at 10 C.F.R. Part

205, Subpart V (Subpart V), the ERA requests

in its Petition that the OHA establish special

procedures to make refunds in order to

remedy the effects of alleged regulatory

violations set forth in the Remedial Order.

This Decision and Order sets forth the OHA’s

plan to distribute these funds.

I. Background

During the period relevant to this

proceeding, MAPCO International, Inc. was a

reseller of crude oil. On June 30, 1983, the

ERA issued a Proposed Remedial Order

(PRO) to the firm. The PRO alleged that

during the period from August 1978 through

November 1980 (the audit period), MAPCO

International sold crude oil at prices in

excess of those permitted by 10 C.F.R. Part

212, Subpart L. After considering and

dismissing MAPCO International’s objections

to the PRO, the DOE issued a final Remedial

Order. 14 DOE ¶ 83,019 (1986). MAPCO

International appealed the Remedial Order to

the Federal Energy Regulatory Commission,

which affirmed the Remedial Order. 43 FERC

¶ 63,041 (1988); 56 FERC ¶ 61,063 (1991).

Three years of litigation ensued. MAPCO,

MAPCO International and the DOE finally

resolved all their disputes arising from the

Remedial Order with the June 23, 1994

Settlement Agreement. Pursuant to the

Settlement Agreement, MAPCO remitted to

the DOE the sum of $7,280,202, to which

interest has since accrued. These funds are

being held in an interest-bearing escrow

account maintained at the Department of the

Treasury pending a determination regarding

their proper distribution.

II. Jurisdiction and Authority

The Subpart V regulations set forth general

guidelines which may be used by the OHA

in formulating and implementing a plan of

distribution of funds received as a result of

an enforcement proceeding. The DOE policy

is to use the subpart V process to distribute

such funds. For a more detailed discussion

of Subpart V and the authority of the OHA

to fashion procedures to distribute refunds,

see Petroleum Overcharge Distribution and

Restitution Act of 1986, 15 U.S.C. 4501 et

seq., Office of Enforcement, 9 DOE ¶ 82,508

(1981), and Office of Enforcement, 8 DOE ¶

82,597 (1981) (Vickers).

We have considered the ERA’s petition that

we implement Subpart V proceedings with

respect to the MAPCO funds and have

determined that such proceedings are

appropriate. This Proposed Decision and

Order sets forth the OHA’s tentative plan to

distribute these funds. Before taking the

actions proposed in this Decision, we intend

to publicize our proposal and solicit

comments from interested parties. Comments

regarding the tentative distribution processes

set forth in this Proposed Decision and Order

should be filed with the OHA within 30 days

of its publication in the Federal Register.

III. Proposed Refund Procedures

A. Crude Oil Refund Policy

We propose to distribute the monies

remitted by MAPCO in accordance with

DOE’s Modified Statement of Restitutionary

Policy in Crude Oil Cases (MSRP). See 51 FR

27899 (August 4, 1986). This policy has been

applied in all Subpart V proceedings

involving alleged crude oil violations. See

Order Implementing the MSRP, 51 Fed. Reg.

29689 (August 20, 1986) (the August 1986

Order).

Under the MSRP, 40 percent of crude oil

overcharge funds will be refunded to the

federal government, another 40 percent to the

states, and up to 20 percent may initially be

reserved for the payment of claims to injured

parties. The MSRP also specifies that any

funds remaining after all valid claims by

injured purchasers are paid will be disbursed

to the federal government and the states in

equal amounts. See In re: The Department of

Energy Stripper Well Exemption Litigation,

653 F. Supp. 108 (D. Kan.), 6 Fed. Energy

Guidelines ¶ 90,509 (1986) (the Stripper Well

Settlement Agreement) for a more detailed

discussion of the MSRP.

On April 10, 1987, the OHA issued a

Notice analyzing the numerous comments

received in response to the August 1986

Order. 52 Fed. Reg. 11737 (April 10, 1987)

(the April 10 Notice). This Notice provided

guidance to claimants that anticipated filing

refund applications for crude oil monies

under the subpart V regulations. In general,

we stated that all claimants would be

required to (1) document their purchase

volumes of petroleum products during the

August 19, 1973 through January 27, 1981

crude oil price control period, and (2) prove

that they were injured by the alleged crude

oil overcharges. End-users of petroleum

products whose businesses were unrelated to

the petroleum industry would be presumed

to have been injured by the alleged crude oil

overcharges and would not be required to

submit proof of injury. See City of Columbus,

Georgia, 16 DOE ¶ 85,550 (1987).

B. Refund Claims

The amount of money covered by this

Proposed Decision is $7,280,202, plus

accrued interest. In accordance with the

MSRP, we propose initially to reserve 20

percent of those funds ($1,456,040 in

principal, plus accrued interest) for direct

refunds to applicants who claim that they

were injured by crude oil overcharges.

We propose to evaluate claims in the

MAPCO crude oil refund proceeding in

exactly the same manner as in other crude oil

proceedings. As we stated in the April 10

Notice, claimants will generally be required

to document their purchase volumes of

petroleum products and prove that they were

injured as a result of the alleged violations.

We propose to base the refunds on a

volumetric amount which has been

calculated in accordance with the description

in the April 10 Notice. We will also presume

that the alleged crude oil overcharges were

absorbed, rather than passed on, by

applicants who were (1) end-users of

petroleum products, (2) unrelated to the

petroleum industry, and (3) not subject to the

regulations promulgated under the

Emergency Petroleum Price and Allocation

Act of 1973, 15 U.S.C. 751–760h. In order to

receive a refund, such claimants need not

submit any evidence of injury beyond

documentation of their purchase volumes.

As has been stated in earlier Decisions, a

crude oil refund applicant will only be

required to submit one application for its

share of all available crude oil overcharge

funds. See, e.g., A.Tarricone Inc., 15 DOE

¶ 85,475 (1987). A party that has already

submitted a claim in any other crude oil

refund proceeding implemented by the DOE

need not file another claim. The tentative

deadline for filing an Application for Refund

is June 3, 1996. Any claimant that has

executed a valid waiver pursuant to one of

the escrow accounts established by the

Stripper Well Agreement, however, has

waived its right to file an application for a

Subpart V crude oil refund. See MidAmerican Dairymen v. Herrington, 878 F. 2d

1448 (Temp. Emer. Ct. App.), 3 Fed. Energy

Guidelines ¶ 26,617 (1989); In re: Department

of Energy Stripper Well Exemption Litigation,

707 F. Supp. 11267 (D. Kan.), 3 Fed. Energy

Guidelines ¶ 26,613 (1987).

C. Payments to the States and Federal

Government

Under the terms of the MSRP, we propose

that the remaining 80 percent of the amount

remitted by MAPCO, or $5,824,162 in

principal, plus accrued interest, be disbursed

in equal shares to the states and federal

government for indirect restitution. Refunds

to the states will be in proportion to the

consumption of petroleum products in each

state during the crude oil price control

period. The share of the funds allocated to

each state is contained in Exhibit H of the

Stripper Well Agreement. When disbursed,

these funds will be subject to the same

limitations and reporting requirements that

apply to any other crude oil overcharge funds

received by the states in accordance with the

Stripper Well Agreement.

It Is Therefore Ordered That:

The payment remitted to the Department of

Energy by MAPCO, Inc. pursuant to the

Settlement Agreement dated June 23, 1994

will be distributed in accordance with the

foregoing Decision.

[FR Doc. 95–9171 Filed 4–12–95; 8:45 am]

BILLING CODE 6450–01–P
Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Notices 18813

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–140231; FRL–4940–7]

ICF International, Incorporated Access

to Confidential Business Information

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has authorized its

contractor, ICF International,

Incorporated (ICF), of Fairfax, Virginia,

and Washington, DC, for access to

information which has been submitted

to EPA under 4, 5, 6, and 8 of the Toxic

Substances Control Act (TSCA). Some of

the information may be claimed or

determined to be confidential business

information (CBI).

DATES: Access to the confidential data

submitted to EPA will occur no sooner

than April 27, 1995.

FOR FURTHER INFORMATION CONTACT:

James B. Willis, Acting Director, TSCA

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–545, 401 M St., SW.,

Washington, DC 20460, (202) 554-1404,

TDD: (202) 554–0551.

SUPPLEMENTARY INFORMATION: Under

contract number 68–D3–0021 contractor

ICF, of 9300 Lee Highway, Fairfax, VA,

and 1850 K St., NW., Suite 1000,

Washington, DC, will assist the Office of

Pollution Prevention and Toxics (OPPT)

in completing risk characterizations of

existing and new chemicals that will be

introduced as replacements for ozonedepleting substances that are being

phased out under the Clean Air Act

Amendments of 1990.

In accordance with 40 CFR 2.306(j),

EPA has determined that under EPA

contract number 68–D3–0021, ICF will

require access to CBI submitted to EPA

under sections 4, 5, 6, and 8 of TSCA

to perform successfully the duties

specified under the contract. ICF

personnel will be given access to

information submitted to EPA under

sections 4, 5, 6, and 8 of TSCA. Some

of the information may be claimed or

determined to be CBI.

In a previous notice published in the

Federal Register of November 1, 1991

(56 FR 56216), ICF was authorized for

access to CBI submitted to EPA under

sections 4, 5, 6, and 8 of TSCA. EPA is

issuing this notice to extend ICF’s

access to TSCA CBI under a contract

extension.

EPA is issuing this notice to inform

all submitters of information under

sections 4, 5, 6, and 8 of TSCA that EPA

may provide ICF access to these CBI

materials on a need-to-know basis only.

All access to TSCA CBI under this

contract will take place at EPA

Headquarters, and ICF’s Fairfax, VA and

Washington, DC facilities. Before access

to TSCA CBI is authorized at ICF’s sites,

EPA will approve ICF’s security

certification statements, perform the

required inspection of its facilities, and

ensure that the facilities are in

compliance with the manual.

ICF will be authorized access to TSCA

CBI at its facilities under the EPA TSCA

Confidential Business Information

Security Manual. Upon completing

review of the CBI materials, ICF will

return all transferred materials to EPA.

Clearance for access to TSCA CBI

under this contract may continue until

September 30, 1995.

ICF personnel will be required to sign

nondisclosure agreements and will be

briefed on appropriate security

procedures before they are permitted

access to TSCA CBI.

List of Subjects

Environmental protection, Access to

confidential business information.

Dated: march 8, 1995.

George A. Bonina,

Acting Director, Information Management

Division, Office of Pollution Prevention and

Toxics.

[FR Doc. 95–9062 Filed 4–12–95; 8:45 am]

BILLING CODE 6560–50–F

[OPPTS–00167; FRL–4946–4]

Training Grants for Lead-Based Paint

Abatement Workers

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of request for

preproposals.

SUMMARY: The safety issues surrounding

the activities of lead-based paint

abatement workers are a major concern

of EPA. Appropriate worker safety

training is essential if lead-based paint

abatement activities are to be done in a

manner that assures the safety of

building occupants, the public, the

environment, and abatement workers.

To ensure that the number of welltrained lead-based paint abatement

workers increases at an acceptable rate,

EPA has received 1995 congressional

add-on funds to provide training grants

to nonprofit organizations engaged in

lead-based paint abatement worker

training and education activities. This

year, the Agency is particularly

interested in funding nonprofit

environmental equity-based

organizations that offer worker lead

abatement training opportunities for

minorities and low income community

residents. This grass roots initiative will

provide opportunities for communities

to develop local-based lead abatement

businesses that will employ area

residents. Only nonprofit organizations

with demonstrated experience in the

implementation and operation of health

and safety training for lead-based paint

abatement workers will be considered

for funding. This notice describes the

eligibility requirements and the

selection criteria for the grants.

DATES: All preproposals must be

submitted to EPA no later than May 15,

1995.

ADDRESSES: Preproposals should be sent

to the following address: Tim Torma,

Chemical Management Division (7404),

Office of Pollution Prevention and

Toxics, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460.

FOR FURTHER INFORMATION CONTACT: Tim

Torma at (202) 260–4595 or write to the

EPA Lead Abatement Program at the

address listed under the ADDRESSES

unit.

SUPPLEMENTARY INFORMATION: The

purpose of this notice is to announce

the availability of funds to form

cooperative agreements for the purpose

of providing support to organizations

demonstrating experience in lead-based

paint training activities with particular

interest in funding nonprofit

environmental equity-based

organizations. Any nonprofit

organization with such experience is

eligible to apply. For the purposes of

this notice, lead-based paint abatement

activities mean activities engaged in by

workers that include the removal,

disposal, handling, and transportation

of lead-based paint and materials

containing lead-based paint from public

and private dwellings, public and

commercial buildings, and bridges and

other structures or superstructures

where lead-based paint presents or may

present an unreasonable risk to health

or the environment.

I. Administrative Requirements

This program is subject to matching

share requirements. Awards shall be

given only to applicants who can fund

at least 5 percent of their programs from

non-Federal sources, excluding in-kind

contributions. (In-kind contributions are

defined as the value of a non-cash

contribution to meet a recipient’s costsharing requirements. An in-kind

contribution may consist of charges for

real property and equipment, or the

value of goods and services directly