57690
Federal
Register
/
Vol.
68,
No.
193
/
Monday,
October
6,
2003
/
Notices
located
at
http://
www.
ferc.
gov/
EventCalendar/
EventsList.
aspx
along
with
other
related
information.

Magalie
R.
Salas,
Secretary.
[
FR
Doc.
03
 
25451
Filed
10
 
3
 
03;
8:
45
a.
m.]

BILLING
CODE
6717
 
01
DEPARTMENT
OF
ENERGY
Federal
Energy
Regulatory
Commission
[
Docket
No.
RM98
 
1
 
000]

Regulations
Governing
Off­
the­
Record
Communications;
Public
Notice
September
29,
2003.
This
constitutes
notice,
in
accordance
with
18
CFR
385.2201(
b),
of
the
receipt
of
exempt
and
prohibited
off­
the­
record
communications.
Order
No.
607
(
64
FR
51222,
September
22,
1999)
requires
Commission
decisional
employees,
who
make
or
receive
an
exempt
or
prohibited
off­
the­
record
communication
relevant
to
the
merit's
of
a
contested
on­
therecord
proceeding,
to
deliver
a
copy
of
the
communication,
if
written,
or
a
summary
of
the
substance
of
any
oral
communication,
to
the
Secretary.
Prohibited
communications
will
be
included
in
a
public,
non­
decisional
file
associated
with,
but
not
a
part
of,
the
decisional
record
of
the
proceeding.
Unless
the
Commission
determines
that
the
prohibited
communication
and
any
responses
thereto
should
become
a
part
of
the
decisional
record,
the
prohibited
off­
the­
record
communication
will
not
be
considered
by
the
Commission
in
reaching
its
decision.
Parties
to
a
proceeding
may
seek
the
opportunity
to
respond
to
any
facts
or
contentions
made
in
a
prohibited
off­
the­
record
communication,
and
may
request
that
the
Commission
place
the
prohibited
communication
and
responses
thereto
in
the
decisional
record.
The
Commission
will
grant
such
a
request
only
when
it
determines
that
fairness
so
requires.
Any
person
identified
below
as
having
made
a
prohibited
off­
the­
record
communication
shall
serve
the
document
on
all
parties
listed
on
the
official
service
list
for
the
applicable
proceeding
in
accordance
with
Rule
2010,
18
CFR
385.2010.
Exempt
off­
the­
record
communications
will
be
included
in
the
decisional
record
of
the
proceeding,
unless
the
communication
was
with
a
cooperating
agency
as
described
by
40
CFR
1501.6,
made
under
18
CFR
385.2201(
e)(
1)(
v).
The
following
is
a
list
of
prohibited
and
exempt
communications
recently
received
in
the
Office
of
the
Secretary.
The
communications
listed
are
grouped
by
docket
numbers.
These
filings
are
available
for
review
at
the
Commission
in
the
Public
Reference
Room
or
may
be
viewed
on
the
Commission's
Web
site
at
http://
www.
ferc.
gov
using
the
eLibrary
(
FERRIS)
link.
Enter
the
docket
number
excluding
the
last
three
digits
in
the
docket
number
field
to
access
the
document.
For
Assistance,
please
contact
FERC,
Online
Support
at
FERCOnlineSupport@
ferc.
gov
or
toll
free
at
(
866)
208
 
3676,
or
for
TTY,
contact
(
202)
502
 
8659.

Docket
No.
Date
filed
Presenter
or
requestor
Prohibited
1.
ER03
 
1118
 
000
....................................................................................................................
9
 
15
 
03
Henry
J.
Knapp,
PE
Exempt
1.
Project
No.
2042
 
000
............................................................................................................
9
 
04
 
03
Hon.
George
R.
Nethercutt,
Jr.

Magalie
R.
Salas,
Secretary.
[
FR
Doc.
03
 
25228
Filed
10
 
3
 
03;
8:
45
am]

BILLING
CODE
6717
 
01
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7568
 
5]

Final
Administrative
Determination
Document
on
the
Question
of
Whether
Ferric
Ferrocyanide
Is
One
of
the
``
Cyanides''
Within
the
Meaning
of
the
List
of
Toxic
Pollutants
Under
the
Clean
Water
Act
AGENCY:
Environmental
Protection
Agency.
ACTION:
Notice
of
document
availability.

SUMMARY:
By
order
dated
October
19,
1995,
the
United
States
District
Court
for
the
District
of
Massachusetts
stayed
the
proceedings
in
Commonwealth
of
Massachusetts
v.
Blackstone
Valley
Electric
Co.
(
No.
94
 
2286)
and
referred
the
question
of
whether
ferric
ferrocyanide
qualifies
as
one
of
the
``
cyanides''
within
the
meaning
of
the
list
of
toxic
pollutants
under
the
Clean
Water
Act
to
the
U.
S.
Environmental
Protection
Agency
(
EPA).
This
District
Court
order
followed
a
U.
S.
Court
of
Appeals
decision
in
which
the
First
Circuit
determined
that
it
was
appropriate
to
refer
this
question
to
EPA
for
an
``
administrative
determination.''
Today's
notice
announces
the
availability
of
EPA's
final
administrative
determination
that
ferric
ferrocyanide
(
FFC)
is
one
of
the
``
cyanides''
within
the
meaning
of
the
Toxic
Pollutant
List
Under
the
Clean
Water
Act.

DATES:
This
final
administrative
determination
is
available
on
October
6,
2003.

ADDRESSES:
The
administrative
record
is
available
for
inspection
and
copying
at
the
Water
Docket,
located
at
the
EPA
Docket
Center
(
EPA/
DC)
in
the
basement
of
the
EPA
West
Building,
Room
B
 
102,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
Final
Administrative
Determination
and
key
supporting
materials
are
also
electronically
available
via
EPA
Dockets
(
Edocket)
at
http://
www.
epa.
gov/
edocket/.

FOR
FURTHER
INFORMATION
CONTACT:
For
further
information,
contact
Marion
Kelly,
USEPA,
Office
of
Water,
Engineering
and
Analysis
Division
(
4303T),
1301
Constitution
Avenue,
NW.,
Washington,
DC;
or
call
(
202)
566
 
1045;
or
e­
mail
kelly.
marion@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
How
Can
I
Get
Copies
of
This
Document
and
Other
Related
Information?

A.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
OW
 
2002
 
0036.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Water
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B
 
102,
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
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17:
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57691
Federal
Register
/
Vol.
68,
No.
193
/
Monday,
October
6,
2003
/
Notices
number
for
the
Public
Reading
Room
is
(
202)
566
 
1744,
and
the
telephone
number
for
the
Water
Docket
is
(
202)
566
 
2426.
B.
Electronic
Access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listing
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
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
appropriate
docket
identification
number.

II.
EPA's
Determination
Regarding
Ferric
Ferrocyanide
EPA
has
prepared
a
final
administrative
determination
describing
the
Agency's
interpretation
of
the
term
``
cyanides''
(
found
in
40
CFR
401.15,
40
CFR
302.4,
and
Table
302.4
at
40
CFR
302.4)
as
that
interpretation
applies
to
ferric
ferrocyanide.
40
CFR
401.15
contains
the
list
of
toxic
pollutants,
40
CFR
302.4
provides
the
designation
of
hazardous
substances,
and
Table
302.4
at
40
CFR
302.4
contains
the
list
of
hazardous
substances
and
reportable
quantities.
This
final
administrative
determination
responds
to
a
referral
from
the
United
States
District
Court
for
the
District
of
Massachusetts.
By
order
dated
October
19,
1995,
the
United
States
District
Court
for
the
District
of
Massachusetts
stayed
the
proceedings
in
Commonwealth
of
Massachusetts
v.
Blackstone
Valley
Electric
Co.
(
No.
94
 
2286)
and
referred
the
question
of
whether
ferric
ferrocyanide
qualifies
as
one
of
the
``
cyanides''
within
the
meaning
of
40
CFR
401.15,
40
CFR
302.4,
and
Table
302.4
to
EPA.
This
District
Court
order
followed
a
U.
S.
Court
of
Appeals
decision
in
which
the
First
Circuit
determined
that
it
was
appropriate
to
refer
this
question
to
EPA
for
an
``
administrative
determination.''
Commonwealth
of
Massachusetts
v.
Blackstone
Valley
Electric
Co.,
67
F.
3d
981
(
1st
Cir.
1995).
This
determination
is
not
a
legislative
rule;
notice
and
comment
is
not
required.
However,
in
reaching
this
determination,
EPA
provided
an
opportunity
for
public
comment
through
a
Federal
Register
notice
announcing
the
availability
of
the
Agency's
preliminary
determination
(
January
25,
2001,
66
FR
7759).
EPA
originally
requested
public
comments
on
the
preliminary
determination
by
March
12,
2001
and
then
extended
the
comment
period
twice
at
the
request
of
the
litigants
in
the
Blackstone
case.
After
the
close
of
the
comment
period
for
the
preliminary
determination,
EPA
found
additional
(
and
potentially
relevant)
historical
documents
and
scientific
articles,
and
reopened
the
comment
period
for
comment
on
these
new
materials
on
November
4,
2002
(
November
4,
2002,
67
FR
67183;
corrected
November
12,
2002,
67
FR
68725).
The
comment
period
for
the
additional
materials
ended
January
3,
2003.
In
April
2003,
EPA
conducted
a
peer
review
of
the
preliminary
determination
in
accordance
with
EPA's
Peer
Review
policies,
which
are
described
in
EPA's
Science
Policy
Council
Handbook
 
Peer
Review,
2nd
Edition
(
EPA
100
 
B
 
00
 
001,
December
2001;
the
``
Peer­
review
Handbook'').
EPA
considered
all
comments
and
materials
received,
including
those
submitted
by
the
peer
reviewers,
the
litigants
in
the
Blackstone
case,
Massachusetts,
and
other
stakeholders.
EPA
has
placed
all
comments,
responses
to
comments,
and
all
information
used
by
the
Agency
in
support
of
this
administrative
determination
in
the
public
docket.
EPA
also
prepared,
and
included
in
the
public
docket,
a
final
administrative
determination
document
(
EPA
 
821
 
R
 
03
 
014)
that
summarizes
the
Agency's
analysis
and
rationale.
EPA
has
determined
that
ferric
ferrocyanide
is
one
of
the
``
cyanides''
within
the
meaning
of
40
CFR
401.15,
40
CFR
302.4,
and
Table
302.4.

Dated:
September
24,
2003.
G.
Tracy
Mehan
III,
Assistant
Administrator
for
Water.
[
FR
Doc.
03
 
25272
Filed
10
 
3
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
RCRA
 
2003
 
0024;
FRL
 
7558
 
5]

Announcement
of
Availability
of
the
Results­
Based
Approaches
and
Tailored
Oversight
Guidance
for
Facilities
Subject
to
Corrective
Action
Under
Subtitle
C
of
the
Resource
Conservation
and
Recovery
Act
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
The
purpose
of
this
notice
is
to
announce
the
availability
of
the
final
``
Results­
Based
Approaches
and
Tailored
Oversight
Guidance
for
Facilities
Subject
to
Corrective
Action
Under
Subtitle
C
of
the
Resource
Conservation
and
Recovery
Act''
(
Guidance).
This
guidance
is
designed
to
provide
the
EPA
Regions,
the
States,
Tribes,
the
regulated
community,
members
of
the
public,
and
other
stakeholders
with
a
better
understanding
of
EPA's
general
resultsbased
strategy
for
RCRA
Corrective
Action.
This
document
provides
guidance
on
how
EPA
generally
intends
to
exercise
its
discretion
in
implementing
its
statutory
authorities
and
regulations.
EPA
wrote
this
guidance
because
we
believe
greater
use
of
results­
based
approaches
will
help
us
achieve
our
short­
term
goals
established
by
the
Government
Performance
and
Results
Act
(
GPRA).
DATES:
This
guidance
was
issued
September
26,
2003.
ADDRESSES:
The
Agency
is
posting
this
document
on
the
Corrective
Action
Web
site:
http://
www.
epa.
gov/
correctiveaction.
If
you
would
like
to
receive
a
hard
copy,
please
call
the
RCRA
Call
Center
at
800
 
424
 
0346
or
TDD
800
 
553
 
7672
(
hearing
impaired).
In
the
Washington,
DC,
metropolitan
area,
call
703
 
412
 
9810
or
TDD
703
 
412
 
3323.
FOR
FURTHER
INFORMATION
CONTACT:
For
more
detailed
information
on
specific
aspects
of
the
guidance
document,
contact
Karen
Tomimatsu,
Office
of
Solid
Waste,
Mail
Code
5303W,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460,
(
703
 
605
 
0698),
(
tomimatsu.
karen@
epa.
gov),
or
Peter
Neves,
Office
of
Enforcement
and
Compliance
Assurance,
Mail
Code
2273A,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460,
(
202)
564
 
6072,
(
neves.
peter@
epa.
gov).
SUPPLEMENTARY
INFORMATION:
The
guidance
document
will
be
issued
as
a
memorandum
from
EPA
headquarters
to
the
Regional
offices.
It
will
be
available
on
the
Internet
at:
http://
www.
epa.
gov/
correctiveaction.
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
RCRA
 
2003
 
0024.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
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
Public
Reading
Room
is
(
202)
566
 
1744,
and
the
telephone
number
for
the
OSWER
Docket
is
(
202)
566
 
0270.

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