54038 Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 

30See supra P 15. 

31 In addition, the General Accounting Office 

stated that ‘‘[a]ll users, owners and operators of the 

bulk-power system would have to comply with the 

reliability standards.’’ and ‘‘We understand this 

would include both private entities and federal 

entities (such as the Tennessee Valley Authority, 

the Bonneville Power Administration, and other 

federal power marketing agencies), among others.’’ 

General Accounting Office, Draft Legislation 

Concerning an Electric Reliability Organization, at 

3, n.5 (March 18, 2003), available at http:// 

www.gao.gov/decisions/other/360241.pdf. 

32See, e.g., 151 Cong. Rec. House 6943–44 (July 

28, 2005) (statement of Rep. Hastings); 151 Cong. 

Rec. Senate 9344 (July 29, 2005) (statement of Sen. 

Maria Cantwell). 

33NERC June 24, 2009 Notice of Penalty at 2–3 

(citing October 3, 2007 Letter from Department of 

the Army, Southwestern Division, Corps of 

Engineers, to ERCOT). 

in the ERO’s and the Commission’s 

reliability oversight. 

35. Further, section 201(b)(2) adds 

additional weight to the argument, 

which we find persuasive, that Congress 

intended to include federal entities 

under the Commission’s jurisdiction. 

Such section, as amended by the Energy 

Policy Act of 2005, states under the 

heading ‘‘Declaration of Policy; 

Application of Part’’: 

Notwithstanding section 201(f), the 

provisions of sections * * * 215 * * * shall 

apply to the entities described in such 

provisions, and such entities shall be subject 

to the jurisdiction of the Commission for 

purposes of carrying out such provisions and 

for purposes of applying the enforcement 

authorities of this Act with respect to such 

provisions. 

Prior to the Energy Policy Act of 2005, 

few provisions of Part II of the FPA 

applied to governmental and other nonpublic utility entities. Previously, 

section 201(b)(2) referred only to 

entities subject to FPA sections 210, 

211, and 212. The Energy Policy Act of 

2005 added new provisions that use 

broad terms such as ‘‘all users, owners 

and operators,’’ and these provisions 

apply to governmental as well as private 

entities. In turn, EPAct 2005 amended 

section 201(b)(2) to make clear that the 

Commission’s jurisdiction over 

otherwise exempt public utilities under 

certain substantive provisions of the 

FPA, including the reliability provision, 

is only for the narrow purposes of 

implementing and enforcing those 

provisions. When Congress amended 

201(b)(2), it also specifically added the 

phrase ‘‘[n]otwithstanding section 

201(f),’’ at the beginning of the 

provision to make clear that entities 

(including governmental entities) 

otherwise exempted from Commission 

regulation by virtue of section 201(f) are 

indeed subject to limited Commission 

regulation for purposes of certain FPA 

provisions. Had Congress not intended 

section 215 to apply to governmental 

and other exempt public utility entities, 

there would have been no reason to add 

the reference to section 215 in section 

201(b)(2). 

36. Finally, as NERC points out,30 the 

legislative history of FPA section 215 

supports the conclusion that Congress 

intended FPA section 215 to require that 

all users, owners, and operators of the 

Bulk-Power System, including federal 

entities, comply with Commissionapproved Reliability Standards. FPA 

section 215 can be traced to the Thomas 

amendment and Senator Thomas, the 

author of that amendment stated that 

mandatory reliability rules will apply to 

all users of the transmission grid. There 

are no loopholes. No one is exempt.’’31

37. Further, the legislative history 

makes clear that, among other things, 

the reliability provision was added to 

the FPA to prevent cascading blackouts. 

The debate during consideration of the 

Conference Report on the proposed bill 

states that mandatory, enforceable 

reliability rules began in response to the 

1996 blackouts in the Pacific Northwest 

and gained more urgency with the 

Northeast blackout of 2003.32 Exclusion 

of federal entities from the reliability 

provision would run counter to this 

legislative purpose as it would create 

significant gaps in an otherwise 

comprehensive program to apply 

mandatory Reliability Standards to 

better assure the reliability of the BulkPower System. As ReliabilityFirst 

attests, excluding federal entities from 

the requirements of the Reliability 

Standards raises serious potential 

consequences for the reliability of the 

Bulk-Power System. Thus, it stands to 

reason that Congress intended that all 

users, owners, and operators of the 

Bulk-Power System, including federal 

entities, be required to comply with the 

Reliability Standards. It would be 

contrary to Congressional intent and 

likely ineffective to return to a voluntary 

system based on individual discretion 

as the Corps proposes with respect to 

federal entities.33

38. Accordingly, we find that, 

pursuant to section 215 of the FPA, 

federal entities such as the Corps-Tulsa 

District that are registered by the ERO as 

users, owners, and operators of the 

Bulk-Power System must comply with 

mandatory Reliability Standards as to 

facilities that fall within the Bulk-Power 

System. 

The Commission Orders 

(A) The Commission grants NERC’s 

request for a decision that, pursuant to 

section 215 of the FPA, federal entities 

that use, own, or operate the BulkPower System, must comply with 

mandatory Reliability Standards, as 

discussed in the body of this order. 

(B) The Secretary is directed to 

publish a copy of this order in the 

Federal Register. 

By the Commission. Commissioner Kelly is 

not participating. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–25224 Filed 10–20–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8971–2] 

Agency Information Collection 

Activities; OMB Responses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This document announces the 

Office of Management and Budget 

(OMB) responses to Agency Clearance 

requests, in compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 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 

regulations are listed in 40 CFR part 9 

and 48 CFR chapter 15. 

FOR FURTHER INFORMATION CONTACT: Rick 

Westlund (202) 566–1682, or e-mail at 

westlund.rick@epa.gov and please refer 

to the appropriate EPA Information 

Collection Request (ICR) Number. 

SUPPLEMENTARY INFORMATION: 

OMB Responses to Agency Clearance 

Requests 

OMB Approvals 

EPA ICR Number 1884.04; Partial 

Update of the TSCA Section 8(b) 

Inventory Data Base, Production and 

Site Reports; 40 CFR part 710; was 

approved on 09/17/2009; OMB Number 

2070–0162; expires on 09/30/2012; 

Approved without change. 

EPA ICR Number 2034.04; NESHAP 

for the Wood Products Surface Coating 

Industry; 40 CFR part 63, subpart A and 

40 CFR part 63, subpart QQQQ; was 

approved on 09/22/2009; OMB Number 

2060–0510; expires on 09/30/2012; 

Approved without change. 

EPA ICR Number 1712.06; NESHAP 

for Shipbuilding and Ship Repair 

Facilities—Surface Coating; 40 CFR part 

63, subpart A and 40 CFR part 63, 

subpart II; was approved on 09/22/2009; 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 202 / Wednesday, October 21, 2009 / Notices 54039 

OMB Number 2060–0330; expires on 

09/30/2012; Approved without change. 

EPA ICR Number 2032.06; NESHAP 

for Hydrochloric Acid Production; 40 

CFR part 63, subpart A and 40 CFR part 

63, subpart NNNNN; was approved on 

09/22/2009; OMB Number 2060–0529; 

expires on 09/30/2012; Approved 

without change. 

EPA ICR Number 1899.05; Emission 

Guidelines for Hospital/Medical/ 

Infectious Waste Incinerators; 40 CFR 

part 60, subpart A, 40 CFR part 60, 

subpart Ce, and 40 CFR part 62, subpart 

HHH, was approved on 09/27/2009; 

OMB Number 2060–0422; expires on 

09/30/2012; Approved with change. 

EPA ICR Number 1803.07; Drinking 

Water State Revolving Fund Program; 40 

CFR 35.3545, 35.3550, and 35.3570; was 

approved on 09/30/2009; OMB Number 

2040–0185; expires on 02/28/2010; 

Approved with change. 

EPA ICR Number 1391.09; Clean 

Water Act State Revolving Fund 

Program; 40 CFR part 35, subpart K; was 

approved on 09/30/2009; OMB Number 

2040–0118; expires on 12/31/2011; 

Approved with change. 

EPA ICR Number 0938.17; General 

Administrative Requirements for 

Assistance Programs; 40 CFR parts 30 

and 31; was approved on 09/30/2009; 

OMB Number 2030–0020; expires on 

04/30/2012; Approved with change. 

OMB Number Transfers 

EPA ICR Number 1363.18; Toxic 

Chemical Release Reporting (Form R); 

40 CFR part 372; the OMB number was 

changed from 2070–0093 to 2025–0009 

on 09/16/2009. 

EPA ICR Number 1704.10; Toxic 

Chemical Release Reporting, Alternate 

Threshold for Low Annual Reportable 

Amounts (Form A); 40 CFR part 372; the 

OMB number was changed from 2070– 

0143 to 2025–0010 on 09/16/2009. 

Dated: October 13, 2009. 

John Moses, 

Director, Collections Strategies Division. 

[FR Doc. E9–25365 Filed 10–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2009–0529; FRL–8971–1] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; NSPS for Synthetic Fiber 

Production Facilities, EPA ICR Number 

1156.11, OMB Control Number 2060– 

0059 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (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 

collection and the estimated burden and 

cost. 

DATES: Additional comments may be 

submitted on or before November 20, 

2009. 

ADDRESSES: Submit your comments, 

referencing docket ID number EPA– 

OECA–2009–0529, to (1) EPA online 

using www.regulations.gov (our 

preferred method), or by e-mail to 

docket.oeca@epa.gov, or by mail to: EPA 

Docket Center (EPA/DC), Environmental 

Protection Agency, Enforcement and 

Compliance Docket and Information 

Center, mail code 28221T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, and (2) OMB at: 

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: 

Robert C. Marshall, Jr., Office of 

Enforcement Compliance Assurance, 

2223A, Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; telephone 

number: (202) 564–7021; e-mail address: 

marshall.robert@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 July 30, 2009 (74 FR 38004), 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 number 

EPA–HQ–OECA–2009–0529, which is 

available for public viewing online at 

http://www.regulations.gov, in person 

viewing at the Enforcement and 

Compliance Docket in the EPA Docket 

Center (EPA/DC), EPA West, Room 

3334, 1301 Constitution Avenue, NW., 

Washington, DC. The EPA Docket 

Center 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 

Enforcement and Compliance Docket is 

(202) 566–1752. 

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 www.regulations.gov. 

Title: NSPS for Synthetic Fiber 

Production Facilities (Renewal). 

ICR Numbers: EPA ICR Number 

1156.11, OMB Control Number 2060– 

0059. 

ICR Status: This ICR is scheduled to 

expire on October 31, 2009. 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, 

and 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: This subpart applies to 

affected facilities at synthetic fiber 

production facilities including each 

solvent-spun synthetic process that 

produces more than 500 megagrams of 

fiber per year. The affected entities are 

subject to the General Provisions of the 

NSPS at 40 CFR part 60, subpart A and 

any changes, or additions to the General 

Provisions specified at 40 CFR part 60, 

subpart HHH. Owners or operators of 

the affected facilities must make an 

initial notification, performance tests, 

periodic reports, and maintain records 

of the occurrence and duration of any 

startup, shutdown, or malfunction in 

the operation of an affected facility, or 

any period during which the monitoring 


jlentini on DSKJ8SOYB1PROD with NOTICES