Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61109 

939TH—MEETING—Continued 

[Regular meeting, October 16, 2008, 10 a.m.] 

Item No. Docket No. Company 

GAS 

G–1 .......... RP07–655–001 ........................................... Columbia Gas Transmission Corporation. 

G–2 .......... OMITTED.

HYDRO 

H–1 ........... P–12666–001 ............................................. Maine Tidal Energy Company. 

H–2 ........... P–12781–001, P–12781–002, P–12779– 

001, P–12779–002.

Pacific Gas & Electric Company. 

H–3 ........... P–2111–031, P–2071–036, P–935–082 .... PacifiCorp. 

H–4 ........... P–2213–024 ............................................... Public Utility District No. 1 of Cowlitz County, Washington. 

CERTIFICATES 

C–1 ........... CP08–437–000 ........................................... City of Toccoa, Georgia. 

Kimberly D. Bose, 

Secretary. 

A free webcast of this event is 

available through www.ferc.gov. Anyone 

with Internet access who desires to view 

this event can do so by navigating to 

www.ferc.gov’s Calendar of Events and 

locating this event in the Calendar. The 

event will contain a link to its webcast. 

The Capitol Connection provides 

technical support for the free webcasts. 

It also offers access to this event via 

television in the DC area and via phone 

bridge for a fee. If you have any 

questions, visit 

www.CapitolConnection.org or contact 

Danelle Springer or David Reininger at 

703–993–3100. 

Immediately following the conclusion 

of the Commission Meeting, a press 

briefing will be held in the Commission 

Meeting Room. Members of the public 

may view this briefing in the designated 

overflow room. This statement is 

intended to notify the public that the 

press briefings that follow Commission 

meetings may now be viewed remotely 

at Commission headquarters, but will 

not be telecast through the Capitol 

Connection service. 

[FR Doc. E8–24556 Filed 10–14–08; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Western Area Power Administration 

Post-2010 Resource Pool, Pick-Sloan 

Missouri Basin Program—Eastern 

Division 

AGENCY: Western Area Power 

Administration, DOE. 

ACTION: Notice of proposed procedures 

and call for applications. 

SUMMARY: Western Area Power 

Administration (Western), Upper Great 

Plains Region, a Federal power 

marketing agency of the Department of 

Energy (DOE), is seeking comments on 

proposed procedures and is calling for 

applications from preference entities 

interested in an allocation of Federal 

power. The Energy Planning and 

Management Program (Program) 

provides for establishing project-specific 

resource pools and allocating power 

from these pools to new preference 

customers and other appropriate 

purposes as determined by Western. 

Western, in accordance with the 

Program, proposes procedures for 

comment and consideration, and also 

calls for applications from entities 

interested in a Federal power resource 

pool allocation. This resource pool is 

comprised of up to 1 percent 

(approximately 20 megawatts) of the 

long-term marketable resource of the 

Pick-Sloan Missouri Basin Program— 

Eastern Division (P–SMBP—ED) that 

may become available January 1, 2011 

(Post-2010 Resource Pool). Preference 

entities that wish to apply for an 

allocation of power from Western’s 

Upper Great Plains Region must submit 

formal applications as outlined below. 

DATES: An entity interested in 

commenting on proposed procedures 

must submit written comments to 

Western’s Upper Great Plains Regional 

Office at the address below. An entity 

applying for an allocation of power 

must submit a formal application to the 

Upper Great Plains Regional Office at 

the address below. Western must 

receive written and/or electronic 

comments and/or applications by 4 

p.m., MST, on January 13, 2009. 

Western reserves the right to not 

consider any comments and/or 

applications received after the 

prescribed date and time. 

Western will hold a public 

information forum and a public 

comment forum (immediately following 

the public information forum) on the 

proposed procedures and applications. 

The public information and public 

comment forums will be held on 

November 20, 2008, at 9 a.m. CST. 

ADDRESSES: Submit applications for an 

allocation of Western power and/or 

written comments regarding these 

proposed procedures to Robert J. Harris, 

Regional Manager, Upper Great Plains 

Region, Western Area Power 

Administration, 2900 4th Avenue North, 

Billings, MT 59101–1266. Applications 

for an allocation of Western power and 

comments on the proposed procedures 

may also be faxed to (406) 247–7408 or 

e-mailed with an electronic signature to 

UGPPost2010@wapa.gov. If submitting 

the application electronically and an 

electronic signature is not available, 

please either fax or mail the application 

signature page with the signature to the 

fax number/address provided above. 

Application forms are available upon 

request or may be accessed at http:// 

www.wapa.gov/ugp/post2010/APD.htm. 

Applicants are encouraged to use the 

application form provided at the 

website. 

The public information and comment 

forums will be held at the Holiday Inn, 

100 West 8th Street, Sioux Falls, South 

Dakota. 

FOR FURTHER INFORMATION CONTACT: John 

A. Pankratz, Public Utilities Specialist, 

Upper Great Plains Region, Western 

Area Power Administration, 2900 4th 

Avenue North, Billings, MT 59101– 

1266, telephone (406) 247–7392, or email pankratz@wapa.gov. 


jlentini on PROD1PC65 with NOTICES
61110 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

SUPPLEMENTARY INFORMATION: On 

October 20, 1995, Western published 

the Final Rule for the Program (Final 

Rule) 60 FR 54151. The Final Rule 

became effective on November 20, 1995. 

Subpart C—Power Marketing Initiative 

of the Program, Final Rule, 10 CFR part 

905, provides for project-specific 

resource pools and allocations of power 

from these pools to eligible new 

preference customers and/or for other 

appropriate purposes as determined by 

Western. The additional resource pool 

increments shall be established by pro 

rata withdrawals, on 2 years’ notice, 

from existing customers. Specifically, 10 

CFR 905.32(b) provides: 

At two 5-year intervals after the effective 

date of the extension to existing customers, 

Western shall create a project-specific 

resource pool increment of up to an 

additional 1 percent of the long-term 

marketable resource under contract at the 

time. The size of the additional resource pool 

increment shall be determined by Western 

based on consideration of the actual fairshare needs of eligible new customers and 

other appropriate purposes. 

On June 25, 2007, Western published 

a Notice of Request for Letters of Interest 

in the Federal Register (72 FR 34680) in 

which Western requested and received 

letters of interest regarding a resource 

pool of up to 1 percent (approximately 

20 megawatts) of the marketable 

resource that may become available 

January 1, 2011, for new customers and/ 

or other appropriate purposes pursuant 

to the Program. Traditionally, Western 

has marketed allocations of firm power 

to be apportioned to eligible new 

preference entities in such a manner as 

to encourage the most widespread use 

thereof, in accordance with Federal 

Reclamation Law. 

Availability of Information 

Documents developed or retained by 

Western in developing this Post-2010 

Resource Pool will be available for 

inspection and copying at the Upper 

Great Plains Regional Office in Billings, 

Montana. Public comments received on 

these proposed procedures will be 

available for viewing at http:// 

www.wapa.gov/ugp/Post2010/ 

default.htm after the close of the 

comment period. 

Letters of Interest 

As a result of the June 25, 2007, 

Notice of Request for Letters of Interest, 

Western received 32 responses, 

including 19 letters of interest and 13 

comment letters. The responses were 

evaluated and categorized into three 

main areas. Some letters addressed more 

than one category. Eighteen entities 

expressed an interest in becoming a new 

customer. Three letters of interest were 

from entities seeking an allocation for 

other appropriate purposes, including 

supporting renewable energy programs 

and increasing a current customer 

allocation. Thirteen entities submitted 

comments advocating that Western 

apply the same policies and procedures 

that were applied to prior marketing 

initiatives, act within existing laws and 

regulations, not use other appropriate 

purposes to expand eligibility 

requirements, make allocations in such 

amounts as to be meaningful, and apply 

identical contract terms and conditions 

as were utilized for existing customers. 

One letter also commented that, under 

the Post-2010 Resource Pool, Western 

should not provide allocations to 

preference entities which previously 

held an allocation of Federal power and 

relinquished that allocation. 

Response to Letters of Interest 

Western has historically marketed 

power from resource pools to new 

preference customers through marketing 

plans and initiatives. Western 

recognizes the interest expressed from 

potential new customers in an 

allocation from the P–SMBP–ED. 

Western encourages the new customer 

interest that lends support to Western’s 

mission of allocating low-cost 

hydropower in such a way as to 

promote the most widespread use 

thereof. 

Western received 3 letters of interest 

regarding other appropriate purposes. 

One letter was received from a customer 

interested in an increase to its current 

allocation. Historically, Western has not 

increased allocations within the P– 

SMBP–ED that were established in 

marketing initiatives under the Program. 

Western recognizes that customer loads 

continue to grow and change and 

increases in individual allocations 

would be beneficial. However, if 

Western were to entertain requests for 

increases or adjustments to allocations, 

all customers would need to be afforded 

the opportunity to submit new 

applications. If this were to occur, it is 

expected that Western would receive 

significant modification requests, which 

would likely not be supportable with 

the power available from the Post-2010 

Resource Pool. Any significant 

modifications could result in a new 

marketing plan, which is not the intent 

of the Program. Therefore, Western is 

not proposing to increase current 

customer allocations. 

Western also received letters of 

interest supporting renewable resources 

as another appropriate purpose for the 

Post-2010 Resource Pool. Western 

believes the best manner to support 

renewable resources with this power is 

to allow existing customers to retain the 

power that may be available, after 

allocating to new customers. This will 

allow preference entities across the 

marketing area to leverage this power 

and use existing allocations to support 

renewable resources if they so choose. 

Western recognizes that many 

customers are already demonstrating 

support of renewable resources through 

their investments in various renewable 

projects across the P–SMBP–ED 

marketing area. Renewable projects are 

being developed and implemented by 

Western’s customers regardless of any 

potential new allocation from the Post2010 Resource Pool. 

Western received comments stating 

that any commitment of the Post-2010 

Resource Pool should be in amounts 

sufficient to be meaningful, subject to 

existing laws, regulations, and 

guidelines, as well as contract terms and 

conditions, set forth in previous 

marketing initiatives under the Program. 

Western agrees that any allocation made 

from the Post-2010 Resource Pool must 

comply with existing laws, regulations, 

and guidelines, as well as contract terms 

and conditions applied to allocations 

made in previous marketing initiatives 

under the Program. 

Western also received a comment that 

allocations made under the Post-2010 

Resource Pool should be limited to new 

preference entities that have not had a 

previous allocation of Federal power 

and relinquished it. The Program limits 

allocations to new preference entities, 

therefore Western agrees that preference 

entities that had a prior allocation of 

Federal power are not eligible to receive 

a new allocation in the Post-2010 

Resource Pool. 

Use of the Post-2010 Resource Pool 

Based on examination of the letters of 

interest and comments, Western has 

determined the Post-2010 Resource Pool 

should be made available to new 

preference entities and is not proposing 

to use a share of the Post-2010 Resource 

Pool for other appropriate purposes. 

Allocations to new preference 

customers shall be made in accordance 

with the P–SMBP–ED Final Post-1985 

Marketing Plan (45 FR 71860) (Post1985 Marketing Plan) and the Program. 

Western intends to carry forward the 

key principles and criteria that were 

established in the Post-2000 and Post2005 Resource Pools, except as modified 

herein. 

The Proposed Post-2010 Resource Pool 

Allocation Procedures 

These proposed procedures for the P– 

SMBP–ED address: (1) Eligibility 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61111 

criteria, (2) how Western plans to 

allocate the Post-2010 Resource Pool in 

accordance with the Program to eligible 

applicants as new preference customers 

and not for other appropriate purposes, 

and (3) the terms and conditions under 

which Western will sell the power 

allocated. 

I. Amount of Pool Resources 

Western proposes to allocate up to 1 

percent (approximately 20 megawatts) 

of the P–SMBP–ED long-term firm 

hydroelectric resource available, as firm 

power to eligible new preference 

customers. Firm power means capacity 

and associated energy allocated by 

Western and subject to the terms and 

conditions specified in the Western firm 

electric service contract. 

II. General Eligibility Criteria 

Western proposes to apply the 

following General Eligibility Criteria to 

applicants seeking an allocation of firm 

power under the proposed Post-2010 

Resource Pool Allocation Procedures. 

A. Qualified applicants must be 

preference entities as defined by section 

9(c) of the Reclamation Project Act of 

1939, 43 U.S.C. 485h(c), as amended 

and supplemented. 

B. Qualified applicants must be 

located within the currently established 

P–SMBP—ED marketing area. 

C. Qualified applicants must not be 

currently receiving benefits, directly or 

indirectly, from a current P–SMBP—ED 

firm power allocation or other firm 

Federal power commitment. Qualified 

Native American applicants who did 

not receive an allocation from the Post2000 or Post-2005 Resource Pools are 

not subject to this requirement. 

D. Qualified utility and non-utility 

applicants must be able to use the firm 

power directly or be able to sell it 

directly to retail customers. 

E. Qualified utility applicants that 

desire to purchase power from Western 

for resale to consumers, including 

cooperatives, municipalities, public 

utility districts, and public power 

districts must have met utility status by 

January 1, 2008. Utility status means the 

entity has responsibility to meet load 

growth, has a distribution system, and is 

ready, willing, and able to purchase 

Federal power from Western on a 

wholesale basis. 

F. Qualified Native American 

applicants must be an Indian tribe as 

defined in the Indian Self Determination 

Act of 1975, 25 U.S.C. 450b, as 

amended. 

III. General Allocation Criteria 

Western proposes to apply the 

following General Allocation Criteria to 

applicants seeking an allocation of firm 

power under the proposed Post-2010 

Resource Pool Allocation Procedures. 

A. Allocations of firm power will be 

made in amounts as determined solely 

by Western in exercise of its discretion 

under Federal Reclamation Law. 

B. An allottee will have the right to 

purchase such firm power only upon 

executing an electric service contract 

between Western and the allottee, and 

satisfying all conditions in that contract. 

C. Firm power allocated under these 

procedures will be available only to new 

preference customers in the existing P– 

SMBP—ED marketing area. The 

marketing area of the P–SMBP—ED is 

Montana (east of the Continental 

Divide), all of North Dakota and South 

Dakota, Nebraska east of the 101° 

meridian, Iowa west of the 941⁄2° 

meridian, and Minnesota west of a line 

on the 941⁄2° meridian from the southern 

boundary of the state to the 46° parallel 

and then northwesterly to the northern 

boundary of the state at the 961⁄2° 

meridian. 

D. Allocations made to Native 

American tribes will be based on the 

actual load experienced in calendar year 

2007. Western has the right to use 

estimated load values for calendar year 

2007 should actual load data not be 

available. Western will adjust 

inconsistent estimates during the 

allocation process. 

E. Allocations made to qualified 

utility and non-utility applicants will be 

based on the actual loads experienced in 

calendar year 2007. Western will apply 

the Post-1985 Marketing Plan and the 

Program criteria to these loads. Western 

will carry forward key principles and 

criteria established in the Post-2000 and 

Post-2005 Resource Pools, except as 

modified herein. 

F. Energy provided with firm power 

will be based upon the customer’s 

monthly system load pattern. 

G. Any electric service contract 

offered to a new customer shall be 

executed by the customer within 6 

months of a contract offer by Western, 

unless otherwise agreed to in writing by 

Western. 

H. The resource pool will be 

dissolved subsequent to the closing date 

of the last qualified applicant to execute 

their respective firm electric service 

contract. Firm power not under contract 

will be used in accordance with the 

Program. 

I. The minimum allocation shall be 

100 kilowatts (kW). 

J. The maximum allocation for 

qualified utility and non-utility 

applicants shall be 5,000 kW. 

K. Contract rates of delivery shall be 

subject to adjustment in the future as 

provided for in the Program. 

L. If unanticipated obstacles to the 

delivery of hydropower benefits to 

Native American tribes arise, Western 

retains the right to provide the 

economic benefits of its resources 

directly to these tribes. 

IV. General Contract Principles 

Western proposes to apply the 

following General Contract Principles to 

all applicants receiving an allocation of 

firm power under these proposed Post2010 Resource Pool Allocation 

Procedures. 

A. Western shall reserve the right to 

reduce a customer’s summer season 

contract rate of delivery by up to 5 

percent for new project pumping 

requirements, by giving a minimum of 

5 years’ written notice in advance of 

such action. 

B. Western, at its discretion and sole 

determination, reserves the right to 

adjust the contract rate of delivery on 5 

years’ written notice in response to 

changes in hydrology and river 

operations. Any such adjustments shall 

only take place after a public process by 

Western. 

C. Each allottee is ultimately 

responsible for obtaining its own thirdparty delivery arrangements, if 

necessary. Western may assist the 

allottee in obtaining third-party 

transmission arrangements for the 

delivery of firm power allocated under 

these procedures to new customers. 

D. Contracts entered into under the 

Post-2010 Resource Pool Allocation 

Procedures shall provide for Western to 

furnish firm electric service effective 

from January 1, 2011, through December 

31, 2020. 

E. Contracts entered into as a result of 

these procedures shall incorporate 

Western’s standard provisions for power 

sales contracts, integrated resource 

planning, and the General Power 

Contract Provisions. 

V. Applications for Firm Power 

This notice formally requests 

applications from qualified entities 

wishing to purchase power from the 

Upper Great Plains Region. Applicant 

Profile Data (APD) is requested so 

Western will have a uniform basis upon 

which to evaluate the applications. To 

be considered, applicants must submit 

an application to the Upper Great Plains 

Region. To ensure that full 

consideration is given to all applicants, 

Western will not consider applications 

submitted before publication of this 

notice or after the deadlines specified in 

the Dates Section. Applications are 


jlentini on PROD1PC65 with NOTICES
61112 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

available at http://www.wapa.gov/ugp/ 

Post2010/APD/default.htm, or hard 

copies of the application are available 

upon request. Applicants are 

encouraged to use the application form 

provided at the above Web site. 

A. Applicant Profile Data Application 

The content and format of the APD 

are outlined below. Applicants must 

provide all requested information or the 

most reasonable available estimate. The 

applicant should note any requested 

information that is not applicable. 

Western is not responsible for errors in 

data or missing pages. All items of 

information in the APD should be 

answered as if prepared by the entity/ 

organization seeking the allocation of 

Federal power. The APD shall consist of 

the following: 

1. Applicant Information: 

a. Applicant’s (entity/organization 

requesting an allocation) name and 

address. 

b. Person(s) representing applicant: 

Contact person name, title, address, 

telephone and fax number, and email 

address. 

c. Type of entity/organization: Federal 

agency, state agency, irrigation district, 

municipal, rural, or industrial user, 

municipality, Native American tribe, 

public utility district, rural electric 

cooperative, or other, please specify. 

d. Parent entity/organization of 

applicant, if any. 

e. Name of the applicant’s member 

organizations, if any. 

f. Applicable law under which the 

applicant was established. 

g. Applicant’s geographic service area: 

If available, please submit a map of the 

service area, and indicate the date 

prepared. 

h. Describe whether the applicant 

owns and operates its own electric 

utility system. 

i. Provide the date the applicant 

attained utility status, if applicable. 10 

CFR 905.35 defines utility status to 

mean ‘‘that the entity has responsibility 

to meet load growth, has a distribution 

system, and is ready, willing, and able 

to purchase power from Western on a 

wholesale basis for resale to retail 

customers.’’ 

j. Describe the entity/organization that 

will interact with Western on contract 

and billing matters. 

2. Applicant’s Loads: 

a. Utility and non-utility applicants: 

(i) If applicable, provide the number 

and type of customers served (e.g., 

residential, commercial, industrial, 

military base, agricultural). 

(ii) Provide the actual monthly 

maximum demand (kilowatts) and 

energy use (kilowatt-hours) experienced 

in calendar year 2007. 

b. Native American Tribe applicants 

only: 

(i) Indicate the utility or utilities 

currently serving your loads. 

(ii) If applicable, provide the number 

and type of customers served (e.g., 

residential, commercial, industrial, 

military base, agricultural). 

(iii) Provide the actual monthly 

maximum demand (kilowatts) and 

energy use (kilowatt-hours) experienced 

in calendar year 2007. If the actual 

demand and energy data are not 

available or are difficult to obtain 

provide the estimated monthly demand. 

(iv) If the demand and energy data in 

2.b(iii) above is estimated, provide a 

description of the method and basis for 

this estimation. 

3. Applicant’s Resources: 

a. A list of current power supplies if 

applicable, including the applicant’s 

own generation as well as purchases 

from others. For each supply, provide 

the resource name, capacity supplied, 

and the resource’s location. 

b. For each power supplier, provide a 

description and status of the power 

supply contract (including the 

termination date). 

c. For each power supplier, provide 

the type of power: Power supply is on 

a firm basis or power supply is not on 

a firm basis, please explain. 

4. Transmission: 

a. Points of delivery: Provide the 

requested point(s) of delivery on 

Western’s transmission system (or a 

third-party’s transmission system) the 

voltage of service required, and the 

capacity desired, if applicable. 

b. Transmission arrangements: 

Describe the transmission arrangements 

necessary to deliver firm power to the 

requested points of delivery. Include a 

brief description of the applicant’s 

transmission and distribution system 

including major interconnections. 

Provide a single-line drawing of 

applicant’s system, if one is available. 

c. Provide a brief explanation of the 

applicant’s ability to receive and use, or 

receive and distribute Federal power as 

of January 1, 2008. 

5. Other Information: The applicant 

may provide any other information 

pertinent to receiving an allocation. 

6. Signature: Western requires the 

signature and title of an appropriate 

official who is able to attest to the 

validity of the APD and who is 

authorized to submit the request for an 

allocation. 

The signature block must contain a 

certification stating: ‘‘By signing below, 

I certify the information which I have 

provided is true and correct to the best 

of my information, knowledge and 

belief.’’ Electronically submitted 

applications must contain an electronic 

signature, or in the alternative, the 

signature page with a signature should 

be faxed or mailed as provided for in the 

Addresses Section above. 

Recordkeeping Requirements: If 

Western accepts your application and 

you receive an allocation of Federal 

power you must keep all records 

associated with your APD for a period 

of 3 years after you sign your contract 

for Federal power. If you do not receive 

an allocation of Federal power, there is 

no recordkeeping requirement. 

Western has obtained an Office of 

Management and Budget (OMB) Control 

Number 1910–5136 for the collection of 

the above information. 

B. Western’s Consideration of 

Applications 

1. When Western receives the APD, 

Western will verify that the applicant 

meets the General Eligibility Criteria set 

forth in Section II, and that the 

application contains all items requested 

in the APD. 

a. Western will request in writing 

additional information from any 

applicant whose APD is determined to 

be deficient. The applicant shall have 15 

days from the date on Western’s letter 

of request to provide the information. 

b. If Western determines the applicant 

does not meet the General Eligibility 

Criteria, Western will send a letter 

explaining why the applicant did not 

qualify. 

c. If the applicant has met the General 

Eligibility Criteria, Western will 

determine the amount of firm power, if 

any, to allocate pursuant to the General 

Allocation Criteria set forth in Section 

III. Western will send a draft contract to 

the applicant for review which 

identifies the terms and conditions of 

the offer and the amount of firm power 

allocated to the applicant. 

2. All firm power shall be allocated 

according to the procedures in the 

General Allocation Criteria set forth in 

Section III. 

3. Western reserves the right to 

determine the amount of firm power to 

allocate to an applicant, as justified by 

the applicant in its APD. 

Resource Pool Procedure Requirements 

Environmental Compliance 

Western completed an Environmental 

Impact Statement on the Program (DOE/ 

EIS–0812), pursuant to the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4321–4370(b), as amended and 

supplemented, (NEPA). The Record of 

Decision was published in the Federal 

Register on October 12, 1995, (60 FR 

53181). Western’s NEPA review assured 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61113 

all environmental effects related to these 

actions have been analyzed. 

Paperwork Reduction Act 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act, unless that collection 

displays a currently valid OMB control 

number. The use of the referred to APD 

application form has been approved by 

OMB under the Control Number 1910– 

5136, expiration date September 30, 

2011. 

Dated: October 1, 2008. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. E8–24430 Filed 10–14–08; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–RCRA–2008–0463; FRL–8730–1] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; RCRA Expanded Public 

Participation (Renewal); EPA ICR No. 

1688.06, OMB Control No. 2050–0149 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA)(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. The ICR, 

which is abstracted below, describes the 

nature of the information collection and 

its estimated burden and cost. 

DATES: Additional comments may be 

submitted on or before November 14, 

2008. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

RCRA–2008–0463, to (1) EPA, either 

online using http://www.regulations.gov 

(our preferred method), or by e-mail to 

rcra-docket@epa.gov, or by mail to: 

RCRA Docket (28221T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; and (2) OMB, by 

mail to: 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: 

Norma Abdul-Malik, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: 703–308–8753; fax 

number: 703–308–8617; e-mail address: 

abdul-malik.norma@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 June 10, 2008 (73 FR 32703), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA received no 

comments. Any additional comments on 

this ICR should be submitted to EPA 

and OMB within 30 days of this notice. 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–RCRA–2008–0463, which is 

available for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Resource Conservation 

and Recovery Act (RCRA) Docket in the 

EPA Docket Center (EPA/DC), EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The EPA/ 

DC 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 RCRA Docket is (202) 

566–0270. 

Use EPA’s electronic docket and 

comment system at http:// 

www.regulations.gov, to submit or view 

public comments, access the index 

listing of the contents of the docket, and 

to access those documents in the docket 

that are available electronically. Once in 

the system, select ‘‘docket search,’’ then 

key in the docket ID number identified 

above. Please note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at http://www.regulations.gov 

as EPA receives them and without 

change, unless the comment contains 

copyrighted material, confidential 

business information (CBI), or other 

information whose public disclosure is 

restricted by statute. For further 

information about the electronic docket, 

go to http://www.regulations.gov. 

Title: RCRA Expanded Public 

Participation (Renewal). 

ICR numbers: EPA ICR No. 1688.06, 

OMB Control No. 2050–0149. 

ICR Status: This ICR is scheduled to 

expire on October 31, 2008. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. 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 title 40 of the CFR, after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

are displayed either by publication in 

the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: Section 7004(b) of RCRA 

gives EPA broad authority to provide 

for, encourage, and assist public 

participation in the development, 

revision, implementation, and 

enforcement of any regulation, 

guideline, information, or program 

under RCRA. In addition, the statute 

specifies certain public notices (i.e., 

radio, newspaper, and a letter to 

relevant agencies) that EPA must 

provide before issuing any RCRA 

permit. The statute also establishes a 

process by which the public can dispute 

a permit and request a public hearing to 

discuss it. 

EPA promulgated requirements for 

providing additional opportunities for 

the public to be involved in the RCRA 

permitting process at 40 CFR 124.31 

through 124.33 and at 40 CFR 270.62 

and 270.66. EPA believes that these 

regulations encourage people to become 

involved in the permitting process and 

increase understanding of hazardous 

waste facilities. 

In summary, the expanded public 

participation regulations require: 

• A permit applicant to provide 

notice of and hold an informal meeting 

with the public before submitting a Part 

B application, and to submit a summary 

of the meeting to the agency (§ 124.31); 

• The Agency to issue a public notice 

when it receives an application 

(§ 124.32); 

• Certain facilities (as decided by the 

Agency Director on a case-by-case basis) 

to set up and maintain an information 

repository (§ 124.33); and 

• The Agency to issue a public notice 

of an upcoming trial burn at a permitted 

hazardous waste combustion facility 

(§§ 270.62(b)(6) and 270.66(d)(3)), or at 

a hazardous waste combustion facility 

operating under interim status 

(§§ 270.62(d) and 270.66(g)). 

Burden Statement: The annual 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 91 hours per 

response. Burden means the total time, 

effort, or financial resources expended 


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