Proposed Consent Decree, Clean Air Act Citizen Suit, 15623-15624 [05-6039]

Download as PDF Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Notices Order In view of the above, I hereby extend for a period effective from April 1, 2005, and ending March 31, 2006, the existing Ancillary Rate Schedules DSW–SD1, DSW–RS1, DSW–FR1, DSW–EI1, DSW– SPR1, DSW–SUR1, and the existing network integration transmission rate schedules PD–NTS1, and INT–NTS1. Dated: March 14, 2005. Samuel W. Bodman, Secretary. [FR Doc. 05–6035 Filed 3–25–05; 8:45 am] BILLING CODE 6450–01–P I. Additional Information About the Proposed Consent Decree ENVIRONMENTAL PROTECTION AGENCY [FRL–7889–6] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (‘‘Act’’ or ‘‘CAA’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Environmental Defense and American Lung Association (jointly referred to as the ‘‘Plaintiffs’’): Environmental Defense and American Lung Association v. Johnson, No. 1:05CV00493 (D.D.C.). On March 10, 2005, the Plaintiffs filed a complaint to compel EPA to make a determination as to whether each state has submitted state implementation plans (‘‘SIPs’’) required by section 110(a) of the CAA for the national ambient air quality standards for fine particles (‘‘PM–2.5 NAAQS’’) and for ozone (‘‘8-hour ozone NAAQS’’) (jointly referred to as the ‘‘1997 NAAQS’’). DATES: Written comments on the proposed consent decree must be received by April 27, 2005. ADDRESSES: Submit your comments, identified by docket ID number OGC– 2005–0004, online at https:// www.epa.gov/edocket (EPA’s preferred method); by e-mail to oei.docket@epa.gov; mailed 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 B102, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding legal VerDate jul<14>2003 15:12 Mar 25, 2005 holidays. Comments on a disk or CD– ROM should be formatted in Wordperfect 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: Geoffrey L. Wilcox, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 564–5601. SUPPLEMENTARY INFORMATION: Jkt 205001 The proposed consent decree establishes a deadline of March 15, 2005 for the signature of a notice of EPA’s determination pursuant to CAA section 110(k)(1)(B) as to whether each state has submitted the SIP revisions required by CAA section 110(a)(2)(D)(i) for the implementation, maintenance, and enforcement of the 1997 NAAQS that meet the minimum criteria promulgated by EPA pursuant to CAA section 110(k)(1)(A). The proposed consent decree establishes a deadline of December 15, 2007, with respect to SIPs for the 8-hour ozone NAAQS, and October 5, 2008, with respect to SIPs for the PM–2.5 NAAQS, for the signature of a notice of EPA’s determination pursuant to CAA section 110(k)(1)(B) as to whether each state has submitted the remaining SIP revisions required by CAA section 110(a)(2) for the implementation, maintenance, and enforcement of the 1997 NAAQS that meet the minimum criteria promulgated by EPA pursuant to CAA section 110(k)(1)(A). The foregoing obligation excludes any determinations regarding state submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit program as required in Part D of Title I of the CAA and to section 110(a)(2)(I). For a period of thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the proposed consent decree from persons who were not named as parties or interveners to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree 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, based on any comment which may be submitted, that consent to the consent decree should be PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 15623 withdrawn, the terms of the decree will be affirmed. II. Additional Information About Commenting on the Proposed Consent decree. A. How Can I Get a Copy of the Consent Decree? EPA has established an official public docket for this action under Docket ID No. OGC–2005–0004 which contains a copy of the consent decree. 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 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 OEI Docket is (202) 566–1752. 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 https://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. It is important to note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA’s electronic public docket as EPA receives them and 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 EPA’s 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. E:\FR\FM\28MRN1.SGM 28MRN1 15624 Federal Register / Vol. 70, No. 58 / Monday, March 28, 2005 / Notices B. How and To Whom Do I Submit Comments? ENVIRONMENTAL PROTECTION AGENCY 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. Your use of EPA’s electronic public docket 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 EPA’s electronic public docket, 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. [FRL–7887–9] Dated: March 18, 2005. Richard B. Ossias, Acting Associate General Counsel, Air and Radiation Law Office, Office of General Counsel. [FR Doc. 05–6039 Filed 3–25–05; 8:45 am] BILLING CODE 6560–50–P VerDate jul<14>2003 15:12 Mar 25, 2005 Jkt 205001 Notice of Availability: Draft NPDES Permit for Concentrated Animal Feeding Operations for Puerto Rico Environmental Protection Agency (EPA). ACTION: Notice of availability of draft permit. AGENCY: SUMMARY: Today’s notice makes available for public comment the draft NPDES Permit for Concentrated Animal Feeding Operations for Puerto Rico for public review and comment. This draft permit is being published to meet one of EPA’s key action items in the Concentrated Animal Feeding Operations Regulations—to issue NPDES permits to reduce risk to water quality and human health from animal feeding operations by December 2006. Please note that this Draft Permit for CAFOs in Puerto Rico has been sent to Public Notice in both an English and a Spanish Newspaper in Puerto Rico for a period of 60 days. The Concentrated Animal Feeding Operation (CAFO) General Permit is a single permit which covers all CAFOs that apply for coverage in the Commonwealth of Puerto Rico. Consequently, those CAFOs which are covered by the General Permit will have identical permit language and requirements. Unique facility-specific requirements will be similarly referenced in the permit. The facilityspecific requirements are found in the Puerto Rico Environmental Quality Board’s regulations for Animal Feeding Operations and detailed in an Agricultural Waste Management Plan (AWMP). The AWMP is a requirement for all CAFOs. For Puerto Rico the AWMP is synonymous with a Residuals Management System. Only Animal Feeding Operations (AFOs) which meet the definition of a CAFO are eligible to apply for coverage under the General Permit. AFOs which do not meet the definition are not eligible to be covered under the General Permit. To determine if your operation is a CAFO, see 40 CFR 122.23 (4) and (6) as well as Part VII of the Definitions section of the General Permit. In addition, facilities can be designated as CAFOs on a case by case basis. EPA believes that comments from a wide range of interested stakeholders is important to produce a final permit that will help EPA achieve the goal of reducing risk to water quality and human health from animal feeding operations. EPA is interested in PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 receiving comments from reviewers of the draft NPDES Permit for Concentrated Animal Feeding Operations for Puerto Rico, and will carefully consider this input as it prepares a final permit. DATES: Written comments should be submitted by April 30, 2005, to the address below. ADDRESSES: Address all comments to Karen O’Brien, U.S. EPA Region 2, 290 Broadway, 24th Floor, New York, New York 10007. Submit electronic comments to obrien.karen@epa.gov. FOR FURTHER INFORMATION CONTACT: Karen O’Brien, (212) 637–3717 or Jeff Gratz, (212) 637–3873. SUPPLEMENTARY INFORMATION: Copies of the draft NPDES Permit for Concentrated Animal Feeding Operations for Puerto Rico may be obtained on the Internet at: https:// www.epa.gov/owm. If you do not have Internet access, you may obtain a paper copy of the draft guidance by calling the EPA Region 2 at (212) 637–3717. The draft permit is also available in electronic format. Dated: March 10, 2005. Kevin Bricke, Deputy Director, Division of Environmental Planning and Protection, Region II. [FR Doc. 05–6038 Filed 3–25–05; 8:45 am] BILLING CODE 6560–50–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Sunshine Act; Meetings Thursday, March 24, 2005, 1 p.m. Eastern Time. PLACE: Clarence M. Mitchell, Jr. Conference Room on the Ninth Floor of the EEOC Office Building, 1801 ‘‘L’’ Street, NW., Washington, DC 20507. STATUS: The meeting will be open to the public. MATTERS TO BE CONSIDERED: DATE AND TIME: Open Season 1. Announcement of Notation Votes, and 2. Spring 2005 Regulatory Agenda Note: In accordance with the Sunshine Act, this meeting will be open to public observation of the Commission’s deliberations and voting. (In addition to publishing notices on EEOC Commission meetings in the Federal Register, the Commission also provides a recorded announcement a full week in advance on future Commission sessions.) Please telephone (202) 663–7100 (voice) and (202) 663–4074 (TTY) at any time for information on these meetings. E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Notices]
[Pages 15623-15624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6039]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7889-6]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``Act'' or ``CAA''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed consent decree, to address a lawsuit filed by 
Environmental Defense and American Lung Association (jointly referred 
to as the ``Plaintiffs''): Environmental Defense and American Lung 
Association v. Johnson, No. 1:05CV00493 (D.D.C.). On March 10, 2005, 
the Plaintiffs filed a complaint to compel EPA to make a determination 
as to whether each state has submitted state implementation plans 
(``SIPs'') required by section 110(a) of the CAA for the national 
ambient air quality standards for fine particles (``PM-2.5 NAAQS'') and 
for ozone (``8-hour ozone NAAQS'') (jointly referred to as the ``1997 
NAAQS'').

DATES: Written comments on the proposed consent decree must be received 
by April 27, 2005.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0004, online at https://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to oei.docket@epa.gov; mailed 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 B102, 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 Wordperfect 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: Geoffrey L. Wilcox, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Telephone: (202) 564-5601.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree establishes a deadline of March 15, 
2005 for the signature of a notice of EPA's determination pursuant to 
CAA section 110(k)(1)(B) as to whether each state has submitted the SIP 
revisions required by CAA section 110(a)(2)(D)(i) for the 
implementation, maintenance, and enforcement of the 1997 NAAQS that 
meet the minimum criteria promulgated by EPA pursuant to CAA section 
110(k)(1)(A).
    The proposed consent decree establishes a deadline of December 15, 
2007, with respect to SIPs for the 8-hour ozone NAAQS, and October 5, 
2008, with respect to SIPs for the PM-2.5 NAAQS, for the signature of a 
notice of EPA's determination pursuant to CAA section 110(k)(1)(B) as 
to whether each state has submitted the remaining SIP revisions 
required by CAA section 110(a)(2) for the implementation, maintenance, 
and enforcement of the 1997 NAAQS that meet the minimum criteria 
promulgated by EPA pursuant to CAA section 110(k)(1)(A). The foregoing 
obligation excludes any determinations regarding state submissions 
required by section 110(a)(2)(C) to the extent that subsection refers 
to a permit program as required in Part D of Title I of the CAA and to 
section 110(a)(2)(I).
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the proposed consent decree from persons who were not named as parties 
or interveners to the litigation in question. EPA or the Department of 
Justice may withdraw or withhold consent to the proposed consent decree 
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, based on any comment which may be submitted, that 
consent to the consent decree should be withdrawn, the terms of the 
decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent 
decree.

A. How Can I Get a Copy of the Consent Decree?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2005-0004 which contains a copy of the consent 
decree. 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 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 OEI Docket is (202) 566-1752.
    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 https://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.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in EPA's electronic public docket as EPA receives 
them and 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 EPA's 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.

[[Page 15624]]

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.
    Your use of EPA's electronic public docket 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 EPA's 
electronic public docket, 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: March 18, 2005.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office, Office 
of General Counsel.
[FR Doc. 05-6039 Filed 3-25-05; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.