Proposed Consent Decree, Clean Air Act Citizen Suit, 7037-7038 [E6-1912]
Download as PDF
Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices
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 settlement agreement
should be withdrawn, the terms of the
agreement will be affirmed.
rmajette on PROD1PC67 with NOTICES1
II. Additional Information About
Commenting on the Proposed
Settlement Agreement
A. How Can I Get a Copy of the
Settlement Agreement?
Direct your comments to the official
public docket for this action under
Docket ID No. EPA–HQ–OGC–2006–
0104 which contains a copy of the
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 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 https://
www.regulations.gov. You may use the
https://www.regulations.gov Web site to
submit or view public comments, to
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 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
VerDate Aug<31>2005
15:10 Feb 09, 2006
Jkt 208001
materials through the EPA Docket
Center.
ENVIRONMENTAL PROTECTION
AGENCY
B. How and To Whom Do I Submit
Comments?
7037
[FRL–8031–1]
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: February 2, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6–1851 Filed 2–9–06; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
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’’), 42 U.S.C. 7413(g), notice is
hereby given of a proposed consent
decree, to address a deadline suit filed
by Sierra Club: Sierra Club v. Johnson,
No. 05CV02177 (RMC) (D. DC). On July
9, 2002 and November 18, 2002, Sierra
Club petitioned EPA to object to certain
Clean Air Act Title V permit
amendments proposed by the Georgia
Environmental Protection Division for
steam generating plants at (1) Georgia
Power’s Bowen Steam-Electric
Generating Plant (‘‘the Bowen plant’’)
and (2) the Bowen, McDonough/
Atkinson, Yates, Hammond, Wansley,
Scherer, and Branch Steam-Electric
Generating Plants (collectively ‘‘the
seven power plants’’) in the State of
Georgia. Subsequently, Sierra Club filed
suit, alleging that the Administrator
failed to perform his nondiscretionary
duty to respond to the petitions within
sixty days of the date they were filed.
Under the terms of today’s proposed
consent decree, EPA has agreed to
respond to the petitions by March 15,
2006, and Sierra Club has agreed that if
EPA does so, Sierra Club will dismiss its
suit with prejudice. In addition, EPA
has agreed to pay Sierra Club a specified
amount in settlement for attorneys’ fees
in this matter.
DATES: Written comments on the
proposed consent decree must be
received by March 13, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2006–0105, online at https://
www.regulations.gov (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
E:\FR\FM\10FEN1.SGM
10FEN1
7038
Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices
of encryption, and may be mailed to the
mailing address above.
FOR FURTHER INFORMATION CONTACT:
Howard J. Hoffman, Air and Radiation
Law Office (2344A), Office of General
Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone: (202)
564–5582; fax number (202) 564–5603;
e-mail address:
hoffman.howard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Consent Decree
This proposed consent decree would
resolve a deadline suit to require EPA to
respond to two administrative petitions
that EPA object to certain Title V permit
amendments proposed by the Georgia
Environmental Protection Division for
the Bowen plant and the seven power
plants in the State of Georgia. Under the
proposed decree, Sierra Club would
agree to dismiss the lawsuit if the
Administrator responds to the petitions
by March 15, 2006. The consent decree
does not specify the type of response
that the Administrator must make to the
petitions. If the consent decree becomes
final and the Administrator responds to
the petitions by March 15, 2006, Sierra
Club will dismiss the case and EPA will
pay Sierra Club a specified amount in
settlement of its claims for attorneys’
fees.
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.
rmajette on PROD1PC67 with NOTICES1
II. Additional Information About
Commenting on the Proposed Consent
Decree
A. How Can I Get a Copy of the Consent
Decree?
Direct your comments to the official
public docket for this action under
Docket ID No. EPA–HQ–OGC–2006–
0105 which contains a copy of the
consent decree. The official public
docket is available for public viewing at
VerDate Aug<31>2005
15:10 Feb 09, 2006
Jkt 208001
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
www.regulations.gov. You may use the
www.regulations.gov Web site to submit
or view public comments, to 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 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
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
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 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 www.regulations.gov, your email 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: February 1, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6–1912 Filed 2–9–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–6672–2]
Environmental Impact Statements and
Regulations; Availability of EPA
Comments
Availability of EPA comments
prepared pursuant to the Environmental
Review Process (ERP), under section
309 of the Clean Air Act and Section
102(2)(c) of the National Environmental
Policy Act as amended. Requests for
copies of EPA comments can be directed
to the Office of Federal Activities at
202–564–7167. An explanation of the
ratings assigned to draft environmental
impact statements (EISs) was published
in the Federal Register dated April 1,
2005 (70 FR 16815).
Draft EISs
EIS No. 20050347, ERP No. D–DOE–
B05194–ME, Bangor Hydro-Electric
Northeast Reliability Interconnect,
Construct, Connect, Operate and
E:\FR\FM\10FEN1.SGM
10FEN1
Agencies
[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Notices]
[Pages 7037-7038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1912]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8031-1]
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''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree, to address a deadline suit filed by Sierra
Club: Sierra Club v. Johnson, No. 05CV02177 (RMC) (D. DC). On July 9,
2002 and November 18, 2002, Sierra Club petitioned EPA to object to
certain Clean Air Act Title V permit amendments proposed by the Georgia
Environmental Protection Division for steam generating plants at (1)
Georgia Power's Bowen Steam-Electric Generating Plant (``the Bowen
plant'') and (2) the Bowen, McDonough/Atkinson, Yates, Hammond,
Wansley, Scherer, and Branch Steam-Electric Generating Plants
(collectively ``the seven power plants'') in the State of Georgia.
Subsequently, Sierra Club filed suit, alleging that the Administrator
failed to perform his nondiscretionary duty to respond to the petitions
within sixty days of the date they were filed. Under the terms of
today's proposed consent decree, EPA has agreed to respond to the
petitions by March 15, 2006, and Sierra Club has agreed that if EPA
does so, Sierra Club will dismiss its suit with prejudice. In addition,
EPA has agreed to pay Sierra Club a specified amount in settlement for
attorneys' fees in this matter.
DATES: Written comments on the proposed consent decree must be received
by March 13, 2006.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0105, online at https://www.regulations.gov (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
[[Page 7038]]
of encryption, and may be mailed to the mailing address above.
FOR FURTHER INFORMATION CONTACT: Howard J. Hoffman, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-5582; fax number (202) 564-5603; e-mail address:
hoffman.howard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
This proposed consent decree would resolve a deadline suit to
require EPA to respond to two administrative petitions that EPA object
to certain Title V permit amendments proposed by the Georgia
Environmental Protection Division for the Bowen plant and the seven
power plants in the State of Georgia. Under the proposed decree, Sierra
Club would agree to dismiss the lawsuit if the Administrator responds
to the petitions by March 15, 2006. The consent decree does not specify
the type of response that the Administrator must make to the petitions.
If the consent decree becomes final and the Administrator responds to
the petitions by March 15, 2006, Sierra Club will dismiss the case and
EPA will pay Sierra Club a specified amount in settlement of its claims
for attorneys' fees.
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?
Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2006-0105 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
www.regulations.gov. You may use the www.regulations.gov Web site to
submit or view public comments, to 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 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 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
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: February 1, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6-1912 Filed 2-9-06; 8:45 am]
BILLING CODE 6560-50-P