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7776 Federal Register / Vol. 71, No.

30 / Tuesday, February 14, 2006 / Notices

power factor dropped below 95 percent has approved a ‘different procedure’ ENVIRONMENTAL PROTECTION
lagging. submitted on November 7, 2005 for AGENCY
Rate Schedule EE–05 1 Wholesale Rate determining localized carbon monoxide
(CO) concentrations (hot-spot analysis) [FRL–8029–1]
for Excess Energy
for Transportation Conformity under the
Effective Proposed Agreement and Covenant
Clean Air Act in Washington State.
Not To Sue Pursuant to the
During the period February 1, 2006, FOR FURTHER INFORMATION CONTACT: Comprehensive Environmental
through September 30, 2009, in Response, Compensation, and Liability
Wayne Elson, U.S. EPA, Region 10
accordance with Rate Order No. SWPA– Act of 1980, as Amended by the
(AWT–107), 1200 Sixth Ave., Seattle,
53 issued by the Deputy Secretary of Superfund Amendments and
WA 98101; (206) 553–1463 or
Energy on February 1, 2006. Reauthorization Act of 1986; In Re:
elson.wayne@epa.gov, or Mia Waters,
Available Washington State Department of Davenport and Flagstaff Smelters
In the marketing area of Southwestern Transportation, 15700 Dayton Avenue Superfund Site, Operable Unit Number
Power Administration (Southwestern), North, PO Box 330310, Seattle, WA Three, Salt Lake County, UT
described generally as the States of 98133; (206) 440–4541 or ACTION: Notice of proposed agreement;
Arkansas, Kansas, Louisiana, Missouri, WatersY@wsdot.wa.gov. request for public comment.
Oklahoma, and Texas.
SUPPLEMENTARY INFORMATION: This is a SUMMARY: In accordance with the
Applicable notice of EPA’s approval of the Comprehensive Environmental
To electric utilities which, by Washington State Intersection Screening Response Compensation, and Liability
contract, may purchase Excess Energy Tool (WASIST) for carbon monoxide Act, as amended (‘‘CERCLA’’), 42 U.S.C.
from Southwestern. (CO) concentrations (hot-spot analysis) 9601, et. seq., notice is hereby given of
Character and Conditions of Service for Transportation Conformity under the a proposed Agreement and Covenant
Clean Air Act in Washington State Not to Sue (‘‘Agreement’’) between the
Three-phase, alternating current, submitted by the Washington State United States, on behalf of the U.S.
delivered at approximately 60 Hertz, at Department of Transportation on Environmental Protection Agency
the nominal voltage and points of November 7, 2005. This ‘different (‘‘EPA’’), and L.C. Canyon Partners, LLC
delivery specified by contract.
procedure’ was developed through the (‘‘Settling Respondent’’). Under the
Energy Associated With This Rate interagency consultation process and is Proposed Agreement, Settling
Schedule consistent with 40 CFR 93.105. The Respondent agrees to pay past costs,
Excess Energy will be furnished at basis for this approval is provided by 40 oversight costs, and to conduct a
such times and in such amounts as CFR 93.123 (a)(1). A letter approving removal action defined in the
Southwestern determines to be WASIST was sent to Washington State enforcement action memorandum
available. Department of Transportation on consisting primarily of the development
February 2, 2006. The purpose of of remediated portions of the property
Transmission and Related Ancillary being purchased by Settling Respondent
WASIST is to provide a different
Services into single-family home sites. In
procedure to ensure that highway
Transmission service for the delivery projects in Washington state will not addition, Settling Respondent agrees to
of Excess Energy shall be the sole cause or contribute to any new localized provide access to representatives of EPA
responsibility of such customer and the State of Utah. In exchange for
CO violations or increase the frequency
purchasing Excess Energy. this consideration, EPA will grant
or severity of any existing CO violations
Settling Respondent a covenant not to
Rate for Excess Energy in CO nonattainment and maintenance sue for existing contamination.
Energy Charge: $0.0055 per areas consistent with 40 CFR 93.116. Additionally, Settling Respondent will
kilowatthour. This different procedure will result in a be entitled to contribution protection for
substantial cost savings to governments ‘‘matters addressed’’ in the Agreement.
[FR Doc. 06–1356 Filed 2–13–06; 8:45 am] in Washington when making project For thirty (30) days following the date
BILLING CODE 6450–01–P
level CO hot-spot transportation of publication of this notice, EPA will
conformity demonstrations for highway receive written comments relating to the
projects. Agreement. EPA will consider all
ENVIRONMENTAL PROTECTION
Authority: 42 U.S.C. 7401–7671q. comments received and may modify or
AGENCY
withdraw its consent to the Agreement
[WA–06–001, FRL–8031–6] Dated: February 6, 2006. if comments received disclose facts or
L. Michael Bogert, considerations that indicate that the
Procedures for Determining Localized Regional Administrator, Region 10. Agreement is inappropriate, improper,
Carbon Monoxide Concentrations (Hot- [FR Doc. E6–2051 Filed 2–13–06; 8:45 am] or inadequate. The proposed
Spot Analysis) for Transportation Agreement, as well as EPA’s response to
BILLING CODE 6560–50–P
Conformity Under the Clean Air Act in any comments received will be available
Washington State for public inspection in the
AGENCY: Environmental Protection administrative record held at the
Agency (EPA). Superfund Record Center, 999 18th
Street, Suite 300, Denver, CO. During
rmajette on PROD1PC67 with NOTICES

ACTION: Notice.
the public comment period, the
SUMMARY: Notice is hereby given that Agreement (without exhibits) may also
EPA, in accordance with the regulations be examined on the following
Department of Justice Web site, http://
1 Supersedes Rate Schedule EE–04. www.usdoj.gov/enrd/open.html.

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