Federal Register/Vol. 68, No. 246/Tuesday, December 23, 2003/Notices
74233
15. Duquesne Power, L.P.; Duquesne
Light Co.; Monmouth Energy, Inc.;
Metro Energy, L.L.C.; NM Colton Genco,
L.L.C.; NM Mid-Valley Genco, L.L.C.;
NM MiHiken Genco, L.L.C.
[Docket Nos. ER04-268-000, ER98-4159-
003, ER99-1293-002, ER01-2317-002,
ER03-320-003, ER03-321-003, and ER03-
322-003]
Take notice that on December 8, 2003,
Duquesne Power, L.P., Duquesne Light
Co., Monmouth Energy, Inc., Metro
Energy, L.L.C., NM Colton Genco,
L.L.C., NM Mid-Valley Genco, L.L.C.,
and NM Milliken Genco, L.L.C.,
tendered for filing a Notice of Change in
Status and applications for certain
waivers and authorizations under
section 205 of the Federal Power Act.
Comment Date: December 29, 2003.
16. The Morenci Water and Electric
Company
[Docket No. OA04 -2-000]
Take notice that on December 5, 2003,
The Morenci Water and Electric
Company tendered for filing a request
for a disclaimer of jurisdiction that it is
not a public utility under the Federal
Power Act and a waiver of the
reciprocity requirement, or in the
alternative, a waiver of the requirements
of Order Nos. 888 and 889 and certain
regulations.
Comment Date: January 5, 2004.
Standard Paragraph
Any person desiring to intervene or to
protest this filing should file with the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426, in accordance with rules 211 and
214 of the Commission's rules of
practice and procedure (18 CFR 385.211
and 385.214). Protests will be
considered by the Commission in
determining the appropriate action to be
taken, but will not serve to make
protestants parties to the proceeding.
Any person wishing to become a party
must file a motion to intervene. All such
motions or protests should be filed on
or before the comment date, and, to the
extent applicable, must be served on the
applicant and on any other person
designated on the official service list.
This filing is available for review at the
Commission or may be viewed on the
Commission's Web site at http://
www.ferc.gov, using the "FERRIS" link.
Enter the docket number excluding the
last three digits in the docket number
filed to access the document. For
assistance, call (202) 502-8222 or TTY,
(202) 502-8659. Protests and
interventions may be filed electronically
via the Internet in lieu of paper; see 18
CFR 385.2001(a)(l)(iiiJ and the
instructions on the Commission's Web
site under the "e-Filing" link. The
Commission strongly encourages
electronic filings.
Magalie R. Salas,
Secretary.
[FR Doc. E3-00609 Filed 12-22-03; 8:45 am)
BILLING CODE 6717-01-P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL-7601-7J
Applicability of the Safe Drinking
Water Act to Submetered Properties
Docket: OW-2003-0065
AGENCY: Environmental Protection
Agency.
ACTION: Notice.
SUMMARY: The Environmental Protection
Agency (EPA) finalized a memorandum
that outlined its revised policy
regarding regulatory requirements under
the Safe Drinking Water Act (SDWA) for
submetered properties. The revised
policy is shown in the SUPPLEMENTARY
INFORMATION section of this notice, in its
final memorandum form. Under SDWA
section 1411, the national primary
drinking water regulations apply to
public water systems (PWS) that have
their own water source, treat, or "sell"
water. EPA staff and program managers
have previously issued memoranda
stating that any building or property
owner who meets the definition of a
PWS and receives water from a
regulated public water system, but bills
tenants separately for this water, is
"selling" the water and therefore is
independently subject to SDWA's
drinking water requirements. As a way
to promote full cost and conservation
pricing to achieve water conservation,
the EPA is changing its interpretation of
section 1411 as it applies to submetered
properties. EPA believes that the
addition of a submeter should not in
any way change the quality of water
provided to customers on these
properties.
In general, the scope of this policy is
not intended to extend where the
property in question has a large
distribution system, serves a large
population or serves a mixed
(commercial/residential) population
(e.g., many military installations/
facilities or large mobile home parks).
DATES: EPA's revised policy, as
described in the section I.A.
memorandum, effective December 16,
2003.
ADDRESSES: Related documents,
including EPA's response to public
comments on the subject policy, can be
accessed at the Water Docket in the EPA
Docket Center, (EPA/DC) EPA West,
Room B102,1301 Constitution Ave.,
NW., Washington, DC. For more
information, see section I..B.1 of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: For
more information please contact Ronald
Bergman by phone at 202-564-3823, or
by e-mail at bergman.ronald@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Final Revised Policy
Today, EPA is publishing a
memorandum revising current policy
regarding regulatory requirements under
the Safe Drinking Water Act (SDWA) of
submetered properties. The
memorandum changes EPA's
interpretation of section 1411 as it
applies in the specific context of
submetering and direct billing of
tenants. EPA published a proposed
memo in the Federal Register on August
28, 2003 (68 FR 51777) and solicited
public comments for 60 days.
Comments were received from a variety
of stakeholders, including State, county,
and local governments, apartment
building owners and associations,
utility companies, and housing
associations. Generally, commenters
strongly supported the proposed policy
and agreed that submetering promotes
water conservation.
Memorandum
Subject: Applicability of the Safe
Drinking Water Act to Submetered
Properties.
From: G. Tracy Mehan III, Assistant
Administrator.
To; Regional Administrators, Regions I-
X.
The purpose of this memorandum is
to announce EPA's revised policy
concerning the applicability of the Safe
Drinking Water Act (SDWA) to
submetered properties. Submetering, as
applied in this policy, means a billing
process by which a property owner (or
association of property owners, in the
case of co-ops or condominiums) bills
tenants based on metered total water
use; the property owner is then
responsible for payment of a water bill
from a public water system. Under the
revised policy, a property owner who
installs submeters to track usage of
water by tenants on his or her property
will not be subject to SDWA regulations
solely as a result of taking the
administrative act of submetering and
billing. Property owners must receive all
of their water from a regulated public
water system to qualify under the terms
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74234
Federal Register/Vol. 68, No. 246/Tuesday, December 23, 2003/Notices
of this policy revision for submetered
properties.
EPA proposed the revised policy in
the Federal Register on August 28, 2003
(68 PR 51777) and requested public
comment. In response, the Agency
received strong support for the revised
policy on submetering from a variety of
stakeholders, In light of this response,
and because a key objective of the
Agency is to promote water efficiency
and conservation, EPA has decided to
change the policy for submetering.
Throughout the country, submetering
of apartment buildings has been found
to be an effective but little-used tool to
support water conservation. Water
conservation is an integral part of
watershed protection, particularly in
arid and drought-stricken areas. In
addition to helping reduce the risk of
water shortages, water conservation also
provides other important benefits. Water
conservation helps ensure in-stream
flows, thereby providing protection for
ecosystems, which can become out of
balance when demands stress water
resources. Water conservation also helps
reduce stress on water supply and
wastewater infrastructure making them
less prone to failure. Further, the use of
submeters to measure water
consumption is a necessary pre-
requisite to achieving full-cost and
conservation pricing.
Background
Section 1401 of SDWA defines a
public water system (PWS) as a system
that provides water through pipes or
other constructed conveyances to the
public for human consumption, if the
system has at least 15 service
connections or regularly serves at least
25 people. Under SDWA section 1411,
the SDWA national primary drinking
water regulations apply to PWSs that
have their own water source, treat, or
"sell" water. EPA staff and program
managers had issued several
memoranda stating that any building or
property owner who met the definition
of a PWS and received water from a
regulated public water system without
adding further treatment, but billed
tenants separately for this water, would
be considered to be "selling" the water
and, therefore, would be independently
subject to SDWA's drinking water
requirements. Today's memorandum
reflects a change in EPA's interpretation
of section 1411 as it applies in the
specific context of submetering.
The EPA memoranda referenced
above were based on a single statement
in the 1974 legislative history for the
SDWA in which Congress explained its
intent in enacting section 1411. In that
legislative history, the Committee report
stated that it "intends to exempt
businesses which merely store and
distribute water provided by others,
unless that business sells water as a
separate item or bills separately for
water it provides."1 Under EPA's
previous interpretation, an owner of an
apartment building or similar property
who is exempt under section 1411 but
merely installed a submeter and billed
the tenants for the water, or simply
began billing tenants (even without a
submeter), would then be considered to
be operating a fully regulated public
water system, even though there had
been no other change relevant to the
delivery or potential health concerns
associated with the water. This •'
application of the legislative history has
been cited as a discouragement to
submetering and, as a result, to water
conservation measures.
After further review, we no longer
believe that Congress originally
intended the statute to be applied in this
manner, or that it should continue to be
the Agency's interpretation for the
following reasons:
• The legislative history from 1974
does not specifically address the
submetering of apartment buildings or
similar properties for water
conservation purposes. Rather, the
legislative history was one Committee's
attempt to explain broadly what the
term "selling" water in section 1411
might mean. The statute itself does not
define the term "selling" or suggest an
interpretation that any billing of water
would automatically trigger full SDWA
regulation.
• Some owners of apartment
buildings and other multifamily housing
expressed concern that, under EPA's
previous policy, the installation of
submeters subjected them to the full,
regulatory requirements of the Safe
Drinking Water Act (SDWA),
comparable to the requirements
imposed on water utilities.
* In 1996, a Congressional committee
expressed its concern that this
application of SDWA might discourage
the practice of submetering, as owners
of a multifamily housing property (eig.,
apartment buildings and/or complexes)
would become subject to national
primary drinking water regulations if
they billed separately for water.
Congress asked that EPA review its
guidance on this matter to prevent
unnecessary requirements that do not
further public health protection and that
might inhibit water conservation
efforts.2 In response, EPA agreed to
reconsider the matter and issue further
guidance.3
• EPA's approach in previous
memoranda may have created a
disincentive to water conservation,
which can undermine water quality
over the long term.
• Simply applying the concept of
"sell" to every billing transaction is not
appropriate.
Revised Policy
Consistent with Congressional
requests to reconsider this matter, the
Agency now believes that certain
property owners, who had not
previously been (or would not be)
subject to SDWA's national primary
drinking water regulations, and who
install submeters to accurately track
usage of water by tenants on his or her
property, should not be subject to
regulations solely as a result of taking
the action to submeter and bill.
The addition of a submeter should not
in any way change the quality of water
provided to customers on the property.
A PWS that provides water to a property
maintains responsibility for providing
public notification under 40 CFR
141.201(c) (or approved State
equivalent) to consumers. In addition,
the PWS must make "good faith" efforts
to provide the tenants with the annual
Consumer Confidence Reports under 40
CFR 141.155(b). A submetered property
would still be considered a PWS under
SDWA section 1401, hence States and
EPA would retain the ability to take
corrective action under SDWA's
emergency powers authority (section
1431) if public health risks arise.
Scope of Revised Policy
EPA received numerous comments
asking that the revised policy be
expanded beyond apartment buildings.
EPA agrees that submetering to achieve
water conservation may be appropriate
for other property types, which share
similar characteristics to an apartment
building, and likewise should not be
considered as "selling" under SDWA
section 1411, simply because a submeter
is installed and the property owner,
begins direct billing for the water. This
description is the basis for the definition
of submetering. Determinations of
whether billing for water is a "sale" for
purposes of section 1411, and whether
systems are "submetering" as that term
is used in this policy, should be made
by the Primacy Agency.
1H. Rept. 93-1185 (93rd Cong., 2nd Session),
reprinted in A Legislative History of the Safe
Drinking Water Act, Committee Print Serial 97 -9
(1982) at 549.
2 H. Rept. 104-632 at 55 (1996).
3 H. Rept. :04-632 (104th Cong., 2d Sess.) at 55
and 134 (1996),
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Federal Register/Vol. 68, No. 246/Tuesday, December 23, 2003/Notices
74235
In making a determination, the
Primacy Agency should consider if the
property has certain characteristics,
such as a limited distribution system
with no known backflow or cross
connection issues; the majority of its
plumbing is within a structure instead
of underground; and property
ownership is a single/individual (or
association of property owners, in the
case of co-ops or condominiums). Of
course, for any system to be excluded
under section 1411, it must receive all
of its water from a regulated public
water system.
In general, the scope of this policy is
not intended to extend where the
property in question has a large
distribution system, serves a large
population or serves a mixed
(commercial/residential) population
(e.g., many military installations/
facilities or large mobile home parks).
Although EPA is not requiring that
submetered systems be regulated, each
State has the flexibility to determine
whether, and how, to best track
properties that submeter. For example,
in Alabama, the State defines a
submetered property as a "segmented
public water system" and requires that
it have access to a certified operator.
Texas requires that submetered
properties allow access to the .property
by the public water system that provides
it with water, register with the Texas
Commission on Environmental Quality,
and follow regulations for submetering.
While submetering and billing for
water usage may positively induce
water conservation actions, States may
still want to take other steps to ensure
that property owners and others convert
to water efficient fixtures and
appliances. For example, Texas requires
that apartment buildings have water-
efficient plumbing fixtures and
appliances as a condition of approval of
a submetered billing system.
Ratio Utility Billing Systems (RUBS)
and Hybrid Billing Systems (HWH)
Several commenters raised the issue
of ratio utility billing systems (RUBS) 4
and other allocation billing systems.
Some commenters suggested that EPA
4 A ratio utility billing system (RUBS) or an
allocation formula, divides a property 's water bill
among its residents based on a ratio of floor space,
number of occupants, or some other quantitative
measure. With RUBS, a price signal based on actual
use is not sent to the tenant as with submetering,
and the amount of water saved by these systems is
unclear. A hot water hybrid (HWH) billing system
is a combination of submetering and allocation
where hot water is submetered and a formula is
applied to estimate the resident's total water use
based on the volume of hot water metered. HWH
systems provide more of a price signal than RUBS
but less than that for submetering.
should include this type of billing in the
revised policy because it would have no
negative effect on water quality. Other
commenters encouraged EPA to exclude
RUBS, stating that RUBS may not result
in water conservation, and may, in fact,
reduce incentives to install submeters
and charge on the basis of actual water
usage. Water savings, if any, from RUBS
and hot water hybrid billing systems
(HWH) are uncertain. At this time, EPA
believes that RUBS or other allocation
billing systems do not meet the
definition of submetering, as used in
this policy, and do not encourage water
conservation. Therefore, a property
using these billing systems is not
addressed by this policy. Primacy
Agencies will need to determine
whether such properties are "selling"
water within the meaning of SDWA
section 1411.
This memorandum clarifies EPA's
policy change and reconfirms our strong
interest in advocating water
conservation. Any previous EPA
statements or policy memoranda on this
issue are superceded by this
memorandum.
B. How Can I Get Copies of This
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under Docket ID No. OW-2003-0065.
The official public docket consists of the
documents specifically referenced in
this action, any public comments
received, and other information related
to this action. Although a part of the
official docket, the public docket does
not include Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
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 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 Water Docket is (202)
566-2426.
2. Electronic Access. You may access
this Federal Register document
electronically through the EPA Internet
under the "Federal Register" listings 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 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. Although not
all docket materials may be available
electronically, you may still access any
of the publicly available docket
materials through the docket facility
identified in section I.B.I. Once in the
system, select "search," then key in the
appropriate docket identification
number.
Dated: December 17, 2003.
G. Tracy Mehan III,
Assistant Administrator, Office of Water.
[FR Doc. 03-31588 Filed 12-22-03; 8:45 am]
BILLING CODE 6560-50-P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission
for Extension Under Delegated
Authority
December 11, 2003.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, Public Law 104-13.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission's
burden estimate; (c) ways to enhance
the quality, utility and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written Paperwork Reduction
(PRA) comments should be submitted
on or before February 23, 2004. If you
anticipate that you will be submitting
comments, but find it difficult to do so
within the period of time allowed by
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