Proposed Consent Decree, Clean Air Act Citizen Suit, 75962-75963 [E6-21600]

Download as PDF 75962 Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP01–409–000] Calypso U.S. Pipeline, L.L.C.; Notice Of Availability of the Environmental Assessment for the Proposed Modifications to the Calypso Pipeline Project hsrobinson on PROD1PC76 with NOTICES December 12, 2006. The staff of the Federal Energy Regulatory Commission (FERC or Commission) and the Mineral Management Service (MMS) have prepared this Environmental Assessment (EA) to discuss the environmental impacts of the Modifications to the Calypso Pipeline Project proposed by Calypso U.S. Pipeline L.L.C. (Calypso) in the above referenced docket. The proposed project is located in Broward County, Florida; State Waters of Florida; and Federal Waters of the United States. This EA has been prepared to comply with the requirements of the National Environmental Policy Act (NEPA), the Council of Environmental Quality (CEQ) regulations for implementing NEPA (Title 40, Code of Federal Regulations [CFR], sections 1500–1508), and the Commission’s regulations (18 CFR part 380). The staff concludes that approval of this proposal would not constitute a major Federal action significantly affecting the quality of the human environment. The EA also evaluates alternatives to the proposal, including system alternatives; major route alternatives; and route variations. The FERC prepared this EA to address the potential environmental impacts of the proposed modifications. The original project was addressed by the Final Environmental Impact Statement for the Tractebel Calypso Pipeline Project (FEIS) issued on January 23, 2004. The modified project would use the same methodologies for deepwater construction and onshore construction. However, the landfall portion of the pipeline would be installed in a 3.2mile-long tunnel. The tunnel proposal eliminates the need for two HDD segments, and 2,132 feet of open cut trench in shallow marine waters, in addition to avoiding all impacts to John U. Lloyd State Park. The tunnel amendment would also incorporate minor route changes to accommodate the methodology. These minor route changes would result in a slight decrease in the length of the landfall portion and thus the overall project length. VerDate Aug<31>2005 17:07 Dec 18, 2006 Jkt 211001 Approximately 95 percent of the original project analyzed in the FEIS is relatively unchanged, with the exception of the 6-inch increase in pipeline diameter. The tunnel amendment would increase the pipeline diameter for the modified project from 24 inches to 30 inches and internally coat the pipeline to allow increased flow rates. Calypso does not propose to increase the certificated capacity (832,000 dekatherms/day). The maximum operating pressure (MOAP) would remain 2,200 pounds per square inch (psig). Calypso indicates that the pipeline would most likely be operated at approximately 1530 psig. The EA has been placed in the public files of the FERC and is available for public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426, (202) 502–8371. Additional information about the project is available from the Commission’s Office of External Affairs, at 1–866–208–FERC or on the FERC Internet Web site (http://www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on ‘‘General Search’’ and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance with eLibrary, the eLibrary helpline can be reached at 1–866–208– 3676, TTY (202) 502–8659 or FERCOnlineSupport@ferc.gov. The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. Environmental Protection Agency (EPA). ACTION: Notice of Proposed Consent Decree; request for public comment. Initiative (‘‘Coosa River’’): Sierra Club v. EPA, No. 1:06CV1523 (N.D. GA). On December 20, 2005 and January 3, 2006, Sierra Club, Coosa River, and the Georgia Public Interest Research Group 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 Georgia Power’s (1) Bowen and Branch Steam-Electric Generating Plants, and (2) Hammond and Scherer Steam-Electric Generating Plants, all of which are in the State of Georgia. Subsequently, Sierra Club and Coosa River 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 January 8, 2007, and Sierra Club and Coosa River have agreed that if EPA does so, and after parties negotiate attorneys’ fees, they will move to dismiss their suit with prejudice. DATES: Written comments on the proposed consent decree must be received by January 18, 2007. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2006–0972, online at 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 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: 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: 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 and Coosa River Basin 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 Magalie R. Salas, Secretary. [FR Doc. E6–21556 Filed 12–18–06; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8258–6] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1 Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Notices amendments proposed by the Georgia Environmental Protection Division for the Bowen and Branch plants as well as the Hammond and Scherer plants in the State of Georgia. Under the proposed decree, the parties would seek to stay the pending litigation, and Sierra Club and Coosa River would agree to dismiss the lawsuit if the Administrator responds to the petitions by January 8, 2007. 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 January 8, 2007, and after the parties negotiate attorneys’ fees, Sierra Club and Coosa River will dismiss the case. 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. hsrobinson on PROD1PC76 with NOTICES II. Additional Information about Commenting on the Proposed Consent Decree A. How Can I Get a Copy of the Consent Decree? The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2006–0972) 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 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 www.regulations.gov. You may use the www.regulations.gov to submit or view public comments, access the index listing of the contents of the official VerDate Aug<31>2005 17:07 Dec 18, 2006 Jkt 211001 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 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 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 75963 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: December 12, 2006. Richard B. Ossias, Associate General Counsel. [FR Doc. E6–21600 Filed 12–18–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–ORD–2006–0978; FRL–8258–5] Board of Scientific Counselors Human Health Mid-Cycle Subcommittee Meetings—January 2007 Environmental Protection Agency (EPA). ACTION: Notice of two meetings. AGENCY: SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92–463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of two meetings of the Board of Scientific Counselors (BOSC) Human Health MidCycle Subcommittee. DATES: The first meeting (a teleconference call) will be held on Tuesday, January 9, 2007, from 1 p.m. to 3 p.m. The second meeting (face-toface meeting) will be held on Wednesday, January 24, 2007, from 10 a.m. to 3 p.m. All times noted are eastern time. The meetings may adjourn early if all business is finished. Requests for the draft agendas or for making oral presentations at the meetings will be accepted up to 1 business day before each meeting. ADDRESSES: The first meeting will be by teleconference only—meeting rooms will not be used. Members of the public may obtain the call-in number and access code for the teleconference meeting from Virginia Houk, whose contact information is listed under the FOR FURTHER INFORMATION CONTACT section of this notice. The second meeting will be held at the Crowne Plaza Washington National Airport hotel, 1480 Crystal Drive, Arlington, Virginia 22202. Submit your comments, E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Notices]
[Pages 75962-75963]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21600]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8258-6]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; request for public comment.

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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 and Coosa River Basin Initiative (``Coosa River''): Sierra Club v. 
EPA, No. 1:06CV1523 (N.D. GA). On December 20, 2005 and January 3, 
2006, Sierra Club, Coosa River, and the Georgia Public Interest 
Research Group 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 Georgia Power's (1) Bowen and 
Branch Steam-Electric Generating Plants, and (2) Hammond and Scherer 
Steam-Electric Generating Plants, all of which are in the State of 
Georgia. Subsequently, Sierra Club and Coosa River 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 January 8, 2007, and Sierra Club and Coosa 
River have agreed that if EPA does so, and after parties negotiate 
attorneys' fees, they will move to dismiss their suit with prejudice.

DATES: Written comments on the proposed consent decree must be received 
by January 18, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0972, online at 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 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: 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

[[Page 75963]]

amendments proposed by the Georgia Environmental Protection Division 
for the Bowen and Branch plants as well as the Hammond and Scherer 
plants in the State of Georgia. Under the proposed decree, the parties 
would seek to stay the pending litigation, and Sierra Club and Coosa 
River would agree to dismiss the lawsuit if the Administrator responds 
to the petitions by January 8, 2007. 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 January 8, 2007, and after the parties 
negotiate attorneys' fees, Sierra Club and Coosa River will dismiss the 
case.
    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?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2006-0972) 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 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 
www.regulations.gov. You may use the 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 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: December 12, 2006.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E6-21600 Filed 12-18-06; 8:45 am]
BILLING CODE 6560-50-P