Proposed Settlement Agreement, Clean Air Act Citizen Suit, 82392-82393 [2010-32935]
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82392
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA’s electronic
public docket. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Use of the https://www.regulations.gov
Web site to submit comments to EPA
electronically is EPA’s preferred method
for receiving comments. The electronic
public docket system is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity, e-mail address,
or other contact information unless you
provide it in the body of your comment.
In contrast to EPA’s electronic public
docket, EPA’s electronic mail (e-mail)
system is not an ‘‘anonymous access’’
system. If you send an e-mail comment
directly to the Docket without going
through https://www.regulations.gov,
your e-mail address is automatically
captured and included as part of the
comment that is placed in the official
public docket, and made available in
EPA’s electronic public docket.
Dated: December 23, 2010.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2010–32929 Filed 12–29–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9246–1]
Proposed Settlement Agreement,
Clean Air Act Citizen Suit
Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed Settlement
Agreement; Request for Public
Comment.
AGENCY:
In accordance with section
113(g) of the Clean Air Act, as amended
(‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 7413(g),
notice is hereby given of a proposed
settlement agreement between the
following groups of Petitioners: (1) The
States of New York, California,
Connecticut, Delaware, Maine, New
Mexico, Oregon, Rhode Island,
Vermont, and Washington, the
Commonwealth of Massachusetts, the
District of Columbia, and the City of
New York (collectively ‘‘State
Petitioners’’); and (2) Natural Resources
Defense Council, Sierra Club, and
Environmental Defense Fund
(collectively ‘‘Environmental
Petitioners’’), and Respondent, the U.S.
Environmental Protection Agency
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:35 Dec 29, 2010
Jkt 223001
(‘‘EPA’’) (collectively ‘‘the Parties’’). This
proposed settlement is intended to
resolve threatened litigation over the
EPA’s failure to respond to United
States Court of Appeals for the District
of Columbia Circuit’s remand in State of
New York, et al. v. EPA, No. 06–1322.
Under the terms of the proposed
settlement agreement deadlines have
been established for EPA to take action.
DATES: Written comments on the
proposed settlement agreements must be
received by January 31, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2010–1057, online at https://
www.regulations.gov (EPA’s preferred
method); by e-mail to
oei.docket@epa.gov; by mail to EPA
Docket Center, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; or by
hand delivery or courier to EPA Docket
Center, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC, between 8:30 a.m. and 4:30 p.m.
Monday through Friday, excluding legal
holidays. Comments on a disk or CD–
ROM should be formatted in Word or
ASCII file, avoiding the use of special
characters and any form of encryption,
and may be mailed to the mailing
address above.
FOR FURTHER INFORMATION CONTACT:
Elliott Zenick, Air and Radiation Law
Office (2344A), Office of General
Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone: (202)
564–1822; fax number (202) 564–5603;
e-mail address: zenick.elliott@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Settlement Agreements
EPA published a final action entitled
‘‘Standards of Performance for Electric
Utility Steam Generating Units,
Industrial-Commercial-Institutional
Steam Generating Units, and Small
Industrial-Commercial-Institutional
Steam Generating Units,’’ 71 FR 9866
(Feb. 27, 2006) (the ‘‘Final Rule’’), which
included amendments to the standards
of performance for electric utility steam
generating units subject to 40 CFR part
60, subpart Da (‘‘EGUs’’) but did not
establish standards of performance for
greenhouse gas (‘‘GHG’’) emissions. The
State and Environmental Petitioners
filed petitions for judicial review of the
Final Rule under the CAA Section 111,
42 U.S.C. 7411, contending, inter alia,
that the Final Rule was required to
include standards of performance for
GHG emissions from EGUs. The
portions of State and Environmental
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Petitioners’ petitions for review of the
Final Rule that related to GHG
emissions were severed from other
petitions for review of the Final Rule,
and were formerly pending before the
United States Court of Appeals for the
District of Columbia Circuit (the
‘‘Court’’) under the caption State of New
York, et al. v. EPA, No. 06–1322.
Following the Supreme Court’s decision
in Massachusetts v. EPA, 549 U.S. 497
(2007), EPA requested remand of the
Final Rule to EPA for further
consideration of the issues related to
GHG emissions in light of that decision
and the Court remanded the Final Rule
to EPA for further proceedings. The
State Petitioners submitted letters to
EPA dated June 16, 2008 and August 4,
2009 inquiring as to the status of EPA’s
action on the remand and stating their
position that EPA had a legal obligation
to act promptly to comply with the
requirements of Section 111. The
Environmental Petitioners submitted a
letter to EPA on August 20, 2010
seeking commitments to rulemaking on
GHG emissions from EGUs as a means
of avoiding further litigation. These
letters are included in the docket for
this notice.
Under the proposed settlement
agreement, EPA will sign by July 26,
2011, and will transmit to the Office of
the Federal Register within five business
days, a proposed rule under section
111(b) that includes standards of
performance for GHGs for new and
modified EGUs that are subject to 40
CFR part 60, subpart Da. EPA will also
sign by July 26, 2011, and will transmit
to the Office of the Federal Register
within five business days, a proposed
rule under section 111(d) that includes
emissions guidelines for GHGs from
existing EGUs that would have been
subject to 40 CFR part 60, subpart Da if
they were new sources. Under the
proposed settlement agreement EPA
will take final action with respect to the
proposed rule no later than May 26,
2012. The proposed settlement
agreement provides that EPA’s
fulfillment of its obligations under the
agreement shall result in a full and final
release of any claims that State and
Environmental Petitioners may have
under any provision of law to compel
EPA to respond to the Court’s Remand
Order with respect to GHG emissions
from EGUs.
For a period of thirty (30) days
following the date of publication of this
notice, the Agency will accept written
comments relating to the proposed
settlement agreement from persons who
were not named as parties or
intervenors to the litigation in question.
EPA or the Department of Justice may
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices
withdraw or withhold consent to the
proposed settlement agreement if the
comments disclose facts or
considerations that indicate that such
consent is inappropriate, improper,
inadequate, or inconsistent with the
requirements of the Act. Unless EPA or
the Department of Justice determines
that consent to this settlement
agreement should be withdrawn, the
terms of the agreement will be affirmed.
jlentini on DSKJ8SOYB1PROD with NOTICES
II. Additional Information About
Commenting on the Proposed
Settlement Agreement
A. How can I get a copy of the
settlement agreement?
The official public docket for this
action (identified by Docket ID No.
EPA–HQ–OGC–2010–1057) contains a
copy of the proposed settlement
agreement. The official public docket is
available for public viewing at the
Office of Environmental Information
(OEI) Docket in the EPA Docket Center,
EPA West, Room 3334, 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 OEI Docket is (202) 566–
1752.
An electronic version of the public
docket is available through https://
www.regulations.gov. You may use
https://www.regulations.gov 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, key in the appropriate docket
identification number then select
‘‘search’’.
It is important to note that EPA’s
policy is that public comments, whether
submitted electronically or on paper,
will be made available for public
viewing online at https://
www.regulations.gov without change,
unless the comment contains
copyrighted material, CBI, or other
information whose disclosure is
restricted by statute. Information
claimed as CBI and other information
whose disclosure is restricted by statute
is not included in the official public
docket or in the electronic public
docket. EPA’s policy is that copyrighted
material, including copyrighted material
contained in a public comment, will not
be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. Although not all docket
VerDate Mar<15>2010
16:35 Dec 29, 2010
Jkt 223001
materials may be available
electronically, you may still access any
of the publicly available docket
materials through the EPA Docket
Center.
B. How and to whom do I submit
comments?
You may submit comments as
provided in the ADDRESSES section.
Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked ‘‘late.’’ EPA is not required to
consider these late comments.
If you submit an electronic comment,
EPA recommends that you include your
name, mailing address, and an e-mail
address or other contact information in
the body of your comment and with any
disk or CD–ROM you submit. This
ensures that you can be identified as the
submitter of the comment and allows
EPA to contact you in case EPA cannot
read your comment due to technical
difficulties or needs further information
on the substance of your comment. Any
identifying or contact information
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA’s electronic
public docket. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Use of the https://www.regulations.gov
Web site to submit comments to EPA
electronically is EPA’s preferred method
for receiving comments. The electronic
public docket system is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity, e-mail address,
or other contact information unless you
provide it in the body of your comment.
In contrast to EPA’s electronic public
docket, EPA’s electronic mail (e-mail)
system is not an ‘‘anonymous access’’
system. If you send an e-mail comment
directly to the Docket without going
through https://www.regulations.gov,
your e-mail address is automatically
captured and included as part of the
comment that is placed in the official
public docket, and made available in
EPA’s electronic public docket.
Dated: December 23, 2010.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2010–32935 Filed 12–29–10; 8:45 am]
BILLING CODE 6560–50–P
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82393
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Submitted for
Review and Approval to the Office of
Management and Budget (OMB),
Comments Requested
December 21, 2010.
As part of its continuing effort
to reduce paperwork burden and as
required by the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. 3501–
3520), the Federal Communications
Commission invites the general public
and other Federal agencies to comment
on the following information collection.
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; (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; and (e) ways to
further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB 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 OMB control
number.
SUMMARY:
Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before January 31, 2011.
If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via fax at 202–
395–5167 or the Internet at
Nicholas_A._Fraser@omb.eop.gov; and
to the Federal Communications
Commission’s PRA mailbox (e-mail
address: PRA@fcc.gov.). Include in the
e-mail the OMB control number of the
collection as shown in the
SUPPLEMENTARY INFORMATION section
below, or if there is no OMB control
number, include the Title as shown in
the SUPPLEMENTARY INFORMATION section.
DATES:
E:\FR\FM\30DEN1.SGM
30DEN1
Agencies
[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82392-82393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32935]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9246-1]
Proposed Settlement Agreement, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Settlement Agreement; Request for Public
Comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby
given of a proposed settlement agreement between the following groups
of Petitioners: (1) The States of New York, California, Connecticut,
Delaware, Maine, New Mexico, Oregon, Rhode Island, Vermont, and
Washington, the Commonwealth of Massachusetts, the District of
Columbia, and the City of New York (collectively ``State
Petitioners''); and (2) Natural Resources Defense Council, Sierra Club,
and Environmental Defense Fund (collectively ``Environmental
Petitioners''), and Respondent, the U.S. Environmental Protection
Agency (``EPA'') (collectively ``the Parties''). This proposed
settlement is intended to resolve threatened litigation over the EPA's
failure to respond to United States Court of Appeals for the District
of Columbia Circuit's remand in State of New York, et al. v. EPA, No.
06-1322. Under the terms of the proposed settlement agreement deadlines
have been established for EPA to take action.
DATES: Written comments on the proposed settlement agreements must be
received by January 31, 2011.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-1057, online at https://www.regulations.gov (EPA's preferred
method); by e-mail to oei.docket@epa.gov; by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.
FOR FURTHER INFORMATION CONTACT: Elliott Zenick, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-1822; fax number (202) 564-5603; e-mail address:
zenick.elliott@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement Agreements
EPA published a final action entitled ``Standards of Performance
for Electric Utility Steam Generating Units, Industrial-Commercial-
Institutional Steam Generating Units, and Small Industrial-Commercial-
Institutional Steam Generating Units,'' 71 FR 9866 (Feb. 27, 2006) (the
``Final Rule''), which included amendments to the standards of
performance for electric utility steam generating units subject to 40
CFR part 60, subpart Da (``EGUs'') but did not establish standards of
performance for greenhouse gas (``GHG'') emissions. The State and
Environmental Petitioners filed petitions for judicial review of the
Final Rule under the CAA Section 111, 42 U.S.C. 7411, contending, inter
alia, that the Final Rule was required to include standards of
performance for GHG emissions from EGUs. The portions of State and
Environmental Petitioners' petitions for review of the Final Rule that
related to GHG emissions were severed from other petitions for review
of the Final Rule, and were formerly pending before the United States
Court of Appeals for the District of Columbia Circuit (the ``Court'')
under the caption State of New York, et al. v. EPA, No. 06-1322.
Following the Supreme Court's decision in Massachusetts v. EPA, 549
U.S. 497 (2007), EPA requested remand of the Final Rule to EPA for
further consideration of the issues related to GHG emissions in light
of that decision and the Court remanded the Final Rule to EPA for
further proceedings. The State Petitioners submitted letters to EPA
dated June 16, 2008 and August 4, 2009 inquiring as to the status of
EPA's action on the remand and stating their position that EPA had a
legal obligation to act promptly to comply with the requirements of
Section 111. The Environmental Petitioners submitted a letter to EPA on
August 20, 2010 seeking commitments to rulemaking on GHG emissions from
EGUs as a means of avoiding further litigation. These letters are
included in the docket for this notice.
Under the proposed settlement agreement, EPA will sign by July 26,
2011, and will transmit to the Office of the Federal Register within
five business days, a proposed rule under section 111(b) that includes
standards of performance for GHGs for new and modified EGUs that are
subject to 40 CFR part 60, subpart Da. EPA will also sign by July 26,
2011, and will transmit to the Office of the Federal Register within
five business days, a proposed rule under section 111(d) that includes
emissions guidelines for GHGs from existing EGUs that would have been
subject to 40 CFR part 60, subpart Da if they were new sources. Under
the proposed settlement agreement EPA will take final action with
respect to the proposed rule no later than May 26, 2012. The proposed
settlement agreement provides that EPA's fulfillment of its obligations
under the agreement shall result in a full and final release of any
claims that State and Environmental Petitioners may have under any
provision of law to compel EPA to respond to the Court's Remand Order
with respect to GHG emissions from EGUs.
For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. EPA or the
Department of Justice may
[[Page 82393]]
withdraw or withhold consent to the proposed settlement agreement if
the comments disclose facts or considerations that indicate that such
consent is inappropriate, improper, inadequate, or inconsistent with
the requirements of the Act. Unless EPA or the Department of Justice
determines that consent to this settlement agreement should be
withdrawn, the terms of the agreement will be affirmed.
II. Additional Information About Commenting on the Proposed Settlement
Agreement
A. How can I get a copy of the settlement agreement?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2010-1057) contains a copy of the proposed settlement
agreement. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) Docket in the EPA
Docket Center, EPA West, Room 3334, 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 OEI Docket is (202) 566-
1752.
An electronic version of the public docket is available through
https://www.regulations.gov. You may use https://www.regulations.gov 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, key in the appropriate docket identification number then select
``search''.
It is important to note that EPA's policy is that public comments,
whether submitted electronically or on paper, will be made available
for public viewing online at https://www.regulations.gov without change,
unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.
B. How and to whom do I submit comments?
You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
Use of the https://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through https://www.regulations.gov, your e-mail address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
Dated: December 23, 2010.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2010-32935 Filed 12-29-10; 8:45 am]
BILLING CODE 6560-50-P