Proposed Consent Decree, Clean Air Act Citizen Suit, 51191-51192 [E6-14316]

Download as PDF Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Notices Information Relay Service (FIRS) at 1– 800–877–8339. 1–888–293–6498; or in the Washington, DC, area at (202) 512–1530. [FR Doc. E6–14305 Filed 8–28–06; 8:45 am] Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: https://www.gpoaccess.gov/nara/ index.html. BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION [CFDA No. 84.938H] Correction; Notice Announcing Availability of Funds and Application Deadline for Hurricane Education Recovery Awards; Correction Office of Postsecondary Education, Department of Education. ACTION: Notice. AGENCY: Program Authority: Division B, Title IV of Public Law 109–148; Title II of Public Law 109–234. Dated: August 23, 2006. James F. Manning, Acting Assistant Secretary for Postsecondary Education. [FR Doc. E6–14340 Filed 8–28–06; 8:45 am] BILLING CODE 4000–01–P On August 18, 2006, we published a notice in the Federal Register (71 FR 47785) announcing the availability of funds and application deadline for Hurricane Education Recovery Awards under Title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Hurricane Recovery, 2006 (Pub. L. 109–234). On page 47786 of that notice, under the PreApplication Requirements section, the last sentence of that section indicates that after submission of the preapplication, ‘‘Institutions will then have until September 12, 2006 to submit their application and budget through the eApplication system.’’ This date is corrected to read ‘‘September 19, 2006’’. FOR FURTHER INFORMATION CONTACT: David Johnson, Hurricane Education Recovery Awards, U.S. Department of Education, 1990 K Street, NW., room 6155, Washington, DC 20006–8544. Telephone: (202) 502–7516. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1– 800–877–8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: You may view this document, as well as other Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: https://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at jlentini on PROD1PC65 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:07 Aug 28, 2006 Jkt 208001 ENVIRONMENTAL PROTECTION AGENCY [FRL–8213–7] 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 lawsuit filed by Kentuckians for the Commonwealth, Friends of the Chattahoochee and Sierra Club (collectively, ‘‘plaintiffs’’): Kentuckians for the Commonwealth, et al. v. Johnson, No. 06CV00184 (RMU) (D. D.C.). Plaintiffs filed a complaint on February 2, 2006 and their First Amended Complaint on April 14, 2006, claiming that EPA had failed to perform non-discretionary duties under CAA section 111(b)(1)(B) to review and, if appropriate, revise the new source performance standards (‘‘NSPS’’) for nonmetallic mineral processing plants (Subpart OOO) and for coal preparation plants (Subpart Y). Under the proposed consent decree, within18 months from when the Court enters the consent decree, EPA would be required to sign, and promptly forward to the Office of Federal Register, one or a combination of the following for each NSPS: (a) A proposed or final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a proposed determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a proposed rule containing revisions to the NSPS. Within 30 months from when the Court PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 51191 enters the consent decree, EPA would be required to sign and promptly forward to the Office of Federal Register one or a combination of the following for each NSPS: (a) A final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a final determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a final rule containing revisions to the NSPS. DATES: Written comments on the proposed consent decree must be received by September 28, 2006. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2006–0727, 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 of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Susan Stahle, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–1272; fax number (202) 564–5603; e-mail address: stahle.susan@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree Under the terms of the proposed consent decree, once the Court enters the decree EPA will begin its efforts involving NSPS Subparts OOO and Y to determine what is needed for each NSPS. Within eighteen (18) months of entry of the consent decree, the appropriate EPA official will sign and promptly forward to the Office of Federal Register one or a combination of the following for each NSPS: (a) A proposed or final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a proposed determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a proposed rule containing revisions to the NSPS. E:\FR\FM\29AUN1.SGM 29AUN1 51192 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Notices Within thirty (30) months of entry of the consent decree, the appropriate EPA official will sign and promptly forward to the Office of Federal Register one or a combination of the following for each NSPS: (a) A final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a final determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a final rule containing revisions to the NSPS. 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 intervenors 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 comments 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 jlentini on PROD1PC65 with NOTICES 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– 0727 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 https:// www.regulations.gov. You may use the 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, select ‘‘search,’’ then key in the VerDate Aug<31>2005 17:07 Aug 28, 2006 Jkt 208001 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 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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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: August 21, 2006. Richard B. Ossias, Associate General Counsel. [FR Doc. E6–14316 Filed 8–28–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8213–5] FY 2006 and 2007 Targeted Watersheds Grant Program: Availability of Funds and Request for Proposals for Implementation Projects (CFDA 66.439—Funding Opportunity Number EPA–OW–OWOW–06–3) Environmental Protection Agency (EPA). ACTION: Notice, extension of the submission date for proposals for watershed projects. AGENCY: SUMMARY: On August 15, 2006, EPA published a notice announcing the availability of funds for grants and cooperative agreements under EPA’s Targeted Watersheds Grant Program. The announcement solicits proposals for watershed restoration and/or protection projects throughout the country. This notice is to extend the submission date for proposals to November 15, 2006. EPA is extending the submission date for proposals to be consistent with Agency communications. Proposals are now due by November 15, 2006. ADDRESSES: Erin Collard; USEPA; Office of Wetlands, Oceans, and Watersheds; Room 7136G; Mail Code 4501T; 1301 Constitution Avenue, NW.; Washington, DC 20004; telephone: 202–566–2655. FOR FURTHER INFORMATION CONTACT: For questions regarding this extension, please contact Carol Peterson at 202– 566–1304 or by e-mail at peterson.carol@epa.gov. A copy of the Targeted Watersheds Grant Program Request for Proposals, this notice extending the date for submitting proposals, and additional information on the program can be found on the DATES: E:\FR\FM\29AUN1.SGM 29AUN1

Agencies

[Federal Register Volume 71, Number 167 (Tuesday, August 29, 2006)]
[Notices]
[Pages 51191-51192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14316]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8213-7]


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 lawsuit filed by Kentuckians for 
the Commonwealth, Friends of the Chattahoochee and Sierra Club 
(collectively, ``plaintiffs''): Kentuckians for the Commonwealth, et 
al. v. Johnson, No. 06CV00184 (RMU) (D. D.C.). Plaintiffs filed a 
complaint on February 2, 2006 and their First Amended Complaint on 
April 14, 2006, claiming that EPA had failed to perform non-
discretionary duties under CAA section 111(b)(1)(B) to review and, if 
appropriate, revise the new source performance standards (``NSPS'') for 
nonmetallic mineral processing plants (Subpart OOO) and for coal 
preparation plants (Subpart Y). Under the proposed consent decree, 
within18 months from when the Court enters the consent decree, EPA 
would be required to sign, and promptly forward to the Office of 
Federal Register, one or a combination of the following for each NSPS: 
(a) A proposed or final determination that review of the NSPS is not 
appropriate in light of readily available information on the efficacy 
of such standard; (b) a proposed determination that based on a complete 
review of the NSPS, revision is not appropriate; or (c) a proposed rule 
containing revisions to the NSPS. Within 30 months from when the Court 
enters the consent decree, EPA would be required to sign and promptly 
forward to the Office of Federal Register one or a combination of the 
following for each NSPS: (a) A final determination that review of the 
NSPS is not appropriate in light of readily available information on 
the efficacy of such standard; (b) a final determination that based on 
a complete review of the NSPS, revision is not appropriate; or (c) a 
final rule containing revisions to the NSPS.

DATES: Written comments on the proposed consent decree must be received 
by September 28, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0727, 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 of encryption, and may be mailed to the mailing 
address above.

FOR FURTHER INFORMATION CONTACT: Susan Stahle, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1272; fax number (202) 564-5603; e-mail address: 
stahle.susan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Under the terms of the proposed consent decree, once the Court 
enters the decree EPA will begin its efforts involving NSPS Subparts 
OOO and Y to determine what is needed for each NSPS. Within eighteen 
(18) months of entry of the consent decree, the appropriate EPA 
official will sign and promptly forward to the Office of Federal 
Register one or a combination of the following for each NSPS: (a) A 
proposed or final determination that review of the NSPS is not 
appropriate in light of readily available information on the efficacy 
of such standard; (b) a proposed determination that based on a complete 
review of the NSPS, revision is not appropriate; or (c) a proposed rule 
containing revisions to the NSPS.

[[Page 51192]]

    Within thirty (30) months of entry of the consent decree, the 
appropriate EPA official will sign and promptly forward to the Office 
of Federal Register one or a combination of the following for each 
NSPS: (a) A final determination that review of the NSPS is not 
appropriate in light of readily available information on the efficacy 
of such standard; (b) a final determination that based on a complete 
review of the NSPS, revision is not appropriate; or (c) a final rule 
containing revisions to the NSPS.
    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 intervenors 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 comments 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-2006-0727 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 
https://www.regulations.gov. You may use the 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, 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 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: August 21, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6-14316 Filed 8-28-06; 8:45 am]
BILLING CODE 6560-50-P
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