Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Criteria for Classification of Solid Waste Disposal Facilities and Practices (Renewal), EPA ICR Number 1745.05, OMB Control Number 2050-0154, 70819-70820 [05-23217]
Download as PDF
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices
monitoring program, the Commission
will continue to conduct audits on its
own.
124. Northern Municipals argue that
the Commission erred in refusing to
amend its regulations to require
pipelines to post the reasons for each
selective discount granted and the
benefits of the discount to captive
customers. They state that if customers
want to oppose a discount, they must
know the reason for it. Northern
Municipals state that attempting to
analyze a pipeline’s reasons for granting
the discount in a later-filed rate case
raises additional issues, including
whether after-the-fact justification
should be permitted and whether it is
more difficult for the captive customers
to eliminate discount adjustments for
discounts that have already been
provided to favored customers.
125. As explained in the May 31
Order, under section 284.13(b) of the
Commission’s regulations, pipelines are
required to post on their Web site
information concerning any discounted
transactions, including the name of the
shipper, the maximum rate, the rate
actually charged, the volumes, receipt
and delivery points, the duration of the
contract, and information on any
affiliation between the shipper and the
pipeline. Further, section 358.5(d) of the
regulations requires pipelines to post on
their Web site any offer of a discount at
the conclusion of negotiations
contemporaneous with the time the
offer is contractually binding. This
information provides shippers and the
Commission with the price transparency
needed to make informed decisions and
to monitor transactions for undue
discrimination and preference. As the
court stated in AGD I,85 ‘‘the reporting
system will enable the Commission to
monitor behavior and to act promptly
when it or another party detects
behavior arguably falling under the bans
of sections 4 and 5.’’
126. In determining whether a
discount adjustment is appropriate in a
rate case, the Commission determines
whether the discount was required by
competition at the time it was given.
Thus, the competitive circumstances at
the time of the discount are relevant and
an ‘‘after-the-fact’’ justification that does
not meet that standard would not
support a discount adjustment. Nor
would it be more difficult under this
standard to ‘‘eliminate discount
adjustments for discounts that have
already been provided to favored
customers.’’ Therefore, the request for
rehearing is denied. The Commission
85 824
F.2d at 1009.
VerDate Aug<31>2005
17:33 Nov 22, 2005
Jkt 208001
will not change its informational
posting requirements at this time.
J. Proceeding To Investigate New Cost
Allocation Methodologies
127. Northern Municipals state that in
the NOI the Commission requested
comments on what alternative changes
in the Commission’s policy could be
considered to minimize any adverse
effects on captive customers. Northern
Municipals state that in response, it
requested that the Commission institute
proceedings to investigate a new cost
allocation methodology that would
more fairly allocate the costs of the
pipeline system in proportion to the
benefits a shipper derives from the
system. Northern Municipals state that
the Commission erred in not addressing
this issue and asks the Commission
address its alternative proposal on
rehearing.
128. Northern Municipals ask the
Commission to consider and investigate
a new approach to pipeline regulation
that would mandate structural
separation of the pipeline networks
from their parent corporations and
affiliates. Under Northern Municipals’
proposal, the pipeline network would
be independently financed, would have
its own board of directors, and would
have common carrier status. Further,
Northern Municipals state that the
Commission should utilize a cost
allocation methodology that assigns the
costs of the interstate pipeline network
to customers in direct proportion to the
benefits that they derive from the use of
the network. Northern Municipals also
ask the Commission to consider
implementing an independent system
operator (ISO) similar to that in the
electric industry.
129. In the NOI, the Commission
sought comments on what alternative
changes in the Commission’s discount
adjustment policy could be considered
to minimize any adverse effect on
captive customers. The issues raised by
Northern Municipals are beyond the
scope of this proceeding 86 and the
Commission will not address them here.
The Commission orders: The requests
for rehearing are denied.
By the Commission. Commissioner Kelly
dissenting in part with a separate statement
attached.
Magalie R. Salas,
Secretary.
Kelly, Commissioner, dissenting in part:
86 Some of the proposals also appear to be beyond
the scope of the Commission’s authority to
implement.
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
70819
As I stated in the underlying order in this
proceeding,1 I would have supported a
requirement for pipelines to post on their
Web sites the reasons for providing a
selective discount to a particular shipper.
Therefore, I respectfully dissent in part on
this order.
Suedeen G. Kelly
[FR Doc. 05–23140 Filed 11–22–05; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[RCRA–2005–0011; FRL–8000–2]
Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Criteria for Classification of
Solid Waste Disposal Facilities and
Practices (Renewal), EPA ICR Number
1745.05, OMB Control Number 2050–
0154
Environmental Protection
Agency.
ACTION: Notice.
AGENCY:
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. This ICR is scheduled to
expire on November 30, 2005. Under
OMB regulations, the Agency may
continue to conduct or sponsor the
collection of information while this
submission is pending at OMB. This ICR
describes the nature of the information
collection and its estimated burden and
cost.
DATES: Additional comments may be
submitted on or before December 23,
2005.
ADDRESSES: Submit your comments,
referencing docket ID number RCRA–
2005–0011, to (1) EPA online using
EDOCKET (our preferred method), by email to rcra-docket@epa.gov, or by mail
to: EPA Docket Center, Environmental
Protection Agency, Mail Code 5303T,
1200 Pennsylvania Ave., 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:
Craig Dufficy, Municipal and Industrial
Solid Waste Division of the Office of
1 Policy for Selective Discounting By Natural Gas
Pipelines, 111 FERC§ 61,309 (2005).
E:\FR\FM\23NON1.SGM
23NON1
70820
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices
Solid Waste, Mail Code 5306W, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: 703–308–
9037; fax number: 703–308–8686; e-mail
address: dufficy.craig@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 21, 2005 (70 FR 42061), EPA
sought comments on this ICR pursuant
to 5 CFR 1320.8(d). EPA received no
comments.
EPA has established a public docket
for this ICR under Docket ID No. RCRA–
2005–0011, which is available for public
viewing at the Office of Solid Waste and
Emergency Response (OSWER) Docket
in the EPA Docket Center (EPA/DC),
EPA West, Room B102, 1301
Constitution Ave., 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 OSWER Docket is (202) 566–0270.
An electronic version of the public
docket is available through EPA Dockets
(EDOCKET) at https://www.epa.gov/
edocket. Use EDOCKET to submit or
view public comments, access the index
listing of the contents of the public
docket, and to access those documents
in the public docket that are available
electronically. Once in the system,
select ‘‘search,’’ then key in the docket
ID number identified above.
Any comments related to this ICR
should be submitted to EPA and OMB
within 30 days of this notice. EPA’s
policy is that public comments, whether
submitted electronically or in paper,
will be made available for public
viewing in EDOCKET as EPA receives
them and without change, unless the
comment contains copyrighted material,
CBI, or other information whose public
disclosure is restricted by statute. When
EPA identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EDOCKET. The entire printed comment,
including the copyrighted material, will
be available in the public docket.
Although identified as an item in the
official docket, information claimed as
CBI, or whose disclosure is otherwise
restricted by statute, is not included in
the official public docket, and will not
be available for public viewing in
EDOCKET. For further information
about the electronic docket, see EPA’s
Federal Register notice describing the
electronic docket at 67 FR 38102 (May
VerDate Aug<31>2005
17:33 Nov 22, 2005
Jkt 208001
31, 2002), or go to www.epa.gov/
edocket.
Title: Criteria for Classification of
Solid Waste Disposal Facilities and
Practices (Renewal).
Abstract: In order to effectively
implement and enforce final changes to
40 CFR part 257, subpart B on a State
level, owners/operators of construction
and demolition waste landfills that
receive conditionally exempt small
quantity generator hazardous wastes
will have to comply with the final
reporting and recordkeeping
requirements. 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 number for EPA’s
regulations are listed in 40 CFR part 9
and 48 CFR chapter 15. This continuing
ICR documents the recordkeeping and
reporting burdens associated with the
location and ground-water monitoring
provisions contained in 40 CFR part
257, subpart B.
The information consists of facility
operating records about any Location
Restrictions such as Floodplains or
Wetlands as specified in Sections
257.8–257.9. In some cases waste
disposal units may demonstrate that
there is no potential for migration of
hazardous constituents from the unit.
Where the facility is small, arid, or
remote, it may use alternative
techniques such as placing
documentation in the operating record
to show that it has met the criteria.
In cases where there is no such
exemption, affected facilities will
establish Ground-Water Monitoring
Systems, Detection Monitoring
Programs, and Assessment of such
programs. These requirements range
from one-time recordkeeping and/or
reporting to annual reporting. Where a
facility believes that the Assessment has
produced a False Positive, it may
demonstrate that by means of annual
reporting. Where needed, Corrective
Actions include reports and operating
records about Selection and
Implementation of Remedies.
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 40
CFR are listed in 40 CFR part 9 and are
identified on the form and/or
instrument, if applicable.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 74 hours per
response. Burden means the total time,
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
Respondents/Affected Entities:
Construction and demolition waste
landfill owners/operators and State
Agencies.
Estimated Number of Respondents:
183.
Frequency of Response: On occasion.
Estimated Total Annual Hour Burden:
13,581 hours.
Estimated Total Annual Cost:
$1,577,659, which includes $640,967
annualized capital expense, $936,692
O&M costs, and $471,724 Labor costs for
Respondents and States.
Changes in the Estimates: There is a
increase of 3,906 hours in the total
estimated burden currently identified in
the OMB Inventory of Approved ICR
Burdens. This increase is due to the
increase in the number of new
construction & demolition waste
disposal facilities that has occurred
since the last renewal during the period
of time from December 1, 2002 until
November 30, 2005.
Dated: November 15, 2005.
Joseph A. Sierra,
Acting Director, Collection Strategies
Division.
[FR Doc. 05–23217 Filed 11–22–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[OECA–2005–0029; FRL–8000–4]
Agency Information Collection
Activities; Submission for OMB Review
and Approval; Comment Request;
NSPS for Municipal Solid Waste
Landfills (Renewal), ICR Number
1557.06, OMB Number 2060–0220
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act, this
E:\FR\FM\23NON1.SGM
23NON1
Agencies
[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Notices]
[Pages 70819-70820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23217]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[RCRA-2005-0011; FRL-8000-2]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Criteria for Classification of
Solid Waste Disposal Facilities and Practices (Renewal), EPA ICR Number
1745.05, OMB Control Number 2050-0154
AGENCY: Environmental Protection Agency.
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. This ICR is scheduled to expire on November 30,
2005. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB. This ICR describes the nature of the information collection and
its estimated burden and cost.
DATES: Additional comments may be submitted on or before December 23,
2005.
ADDRESSES: Submit your comments, referencing docket ID number RCRA-
2005-0011, to (1) EPA online using EDOCKET (our preferred method), by
e-mail to rcra-docket@epa.gov, or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 5303T, 1200 Pennsylvania
Ave., 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: Craig Dufficy, Municipal and
Industrial Solid Waste Division of the Office of
[[Page 70820]]
Solid Waste, Mail Code 5306W, U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
703-308-9037; fax number: 703-308-8686; e-mail address:
dufficy.craig@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 21, 2005 (70 FR 42061), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments.
EPA has established a public docket for this ICR under Docket ID
No. RCRA-2005-0011, which is available for public viewing at the Office
of Solid Waste and Emergency Response (OSWER) Docket in the EPA Docket
Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., 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 OSWER Docket is (202) 566-0270. An
electronic version of the public docket is available through EPA
Dockets (EDOCKET) at https://www.epa.gov/edocket. Use EDOCKET to submit
or view public comments, access the index listing of the contents of
the public docket, and to access those documents in the public docket
that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified above.
Any comments related to this ICR should be submitted to EPA and OMB
within 30 days of this notice. EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing in EDOCKET as EPA receives them and without change,
unless the comment contains copyrighted material, CBI, or other
information whose public disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in EDOCKET. The entire printed comment, including the
copyrighted material, will be available in the public docket. Although
identified as an item in the official docket, information claimed as
CBI, or whose disclosure is otherwise restricted by statute, is not
included in the official public docket, and will not be available for
public viewing in EDOCKET. For further information about the electronic
docket, see EPA's Federal Register notice describing the electronic
docket at 67 FR 38102 (May 31, 2002), or go to www.epa.gov/edocket.
Title: Criteria for Classification of Solid Waste Disposal
Facilities and Practices (Renewal).
Abstract: In order to effectively implement and enforce final
changes to 40 CFR part 257, subpart B on a State level, owners/
operators of construction and demolition waste landfills that receive
conditionally exempt small quantity generator hazardous wastes will
have to comply with the final reporting and recordkeeping requirements.
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 number for EPA's regulations
are listed in 40 CFR part 9 and 48 CFR chapter 15. This continuing ICR
documents the recordkeeping and reporting burdens associated with the
location and ground-water monitoring provisions contained in 40 CFR
part 257, subpart B.
The information consists of facility operating records about any
Location Restrictions such as Floodplains or Wetlands as specified in
Sections 257.8-257.9. In some cases waste disposal units may
demonstrate that there is no potential for migration of hazardous
constituents from the unit. Where the facility is small, arid, or
remote, it may use alternative techniques such as placing documentation
in the operating record to show that it has met the criteria.
In cases where there is no such exemption, affected facilities will
establish Ground-Water Monitoring Systems, Detection Monitoring
Programs, and Assessment of such programs. These requirements range
from one-time recordkeeping and/or reporting to annual reporting. Where
a facility believes that the Assessment has produced a False Positive,
it may demonstrate that by means of annual reporting. Where needed,
Corrective Actions include reports and operating records about
Selection and Implementation of Remedies.
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 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 74
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to
a collection of information; search data sources; complete and review
the collection of information; and transmit or otherwise disclose the
information.
Respondents/Affected Entities: Construction and demolition waste
landfill owners/operators and State Agencies.
Estimated Number of Respondents: 183.
Frequency of Response: On occasion.
Estimated Total Annual Hour Burden: 13,581 hours.
Estimated Total Annual Cost: $1,577,659, which includes $640,967
annualized capital expense, $936,692 O&M costs, and $471,724 Labor
costs for Respondents and States.
Changes in the Estimates: There is a increase of 3,906 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. This increase is due to the increase in the
number of new construction & demolition waste disposal facilities that
has occurred since the last renewal during the period of time from
December 1, 2002 until November 30, 2005.
Dated: November 15, 2005.
Joseph A. Sierra,
Acting Director, Collection Strategies Division.
[FR Doc. 05-23217 Filed 11-22-05; 8:45 am]
BILLING CODE 6560-50-P