Proposed Consent Decree, Clean Air Act Citizen Suit, 55199-55200 [E7-19225]

Download as PDF Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. 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. Dated: September 20, 2007. Deborah Y. Dietrich, Director, Office of Emergency Management. [FR Doc. E7–19211 Filed 9–27–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8474–8] SUPPLEMENTARY INFORMATION: Proposed Consent Decree, Clean Air Act Citizen Suit I. Additional Information About the Proposed Consent Decree Environmental Protection Agency (EPA). ACTION: Notice of Proposed Consent Decree; request for public comment. jlentini on PROD1PC65 with NOTICES 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 Sierra Club (‘‘Plaintiff’’) in the United States District Court for the District of Columbia: Sierra Club v. Johnson, No. 1:07–cv–01040 (ESH) (D. D.C.). Plaintiff filed a deadline suit to compel the Administrator to respond to an administrative petition seeking EPA’s objection to a CAA Title V operating permit proposed by the Wisconsin Department of Natural Resources for the Weston Generating Station in Marathon County, Wisconsin. Under the terms of the proposed consent decree, EPA has agreed to respond to Plaintiff’s petition by December 19, 2007. If EPA fulfills its obligation, Plaintiff has agreed to dismiss this suit with prejudice. In addition, EPA has agreed to pay Plaintiff a specified amount in settlement for attorneys’ fees in this matter. DATES: Written comments on the proposed consent decree must be received by October 29, 2007. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2007–0918, 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, VerDate Aug<31>2005 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. 17:12 Sep 27, 2007 Jkt 211001 This proposed consent decree would resolve a lawsuit seeking a response to an administrative petition to object to a CAA Title V permit proposed by the Wisconsin Department of Natural Resources for the Weston Generating Station in Marathon County, Wisconsin. Under the proposed consent decree, EPA has agreed to respond to the Plaintiff’s petition by December 19, 2007 and to pay a specified amount in settlement of the Plaintiff’s claims for attorneys’ fees. The consent decree becomes an order of the Court upon entry, and, consistent with the terms of the consent decree, the case shall be dismissed with prejudice after EPA takes final action on Plaintiffs’ petition and pays the specified amount in the consent decree in settlement of the Plaintiff’s claims for attorneys’ fees. 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 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 comment submitted, that consent to this consent decree should be withdrawn, the terms of the decree will be affirmed. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 55199 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–2007–0918) contains a copy of the proposed 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 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 E:\FR\FM\28SEN1.SGM 28SEN1 55200 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Notices 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: September 21, 2007. Richard B. Ossias, Associate General Counsel. [FR Doc. E7–19225 Filed 9–27–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [ER–FRL–6691–5] jlentini on PROD1PC65 with NOTICES 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 VerDate Aug<31>2005 18:15 Sep 27, 2007 Jkt 211001 202–564–7167. An explanation of the ratings assigned to draft environmental impact statements (EISs) was published in FR dated April 6, 2007 (92 FR 17156). Draft EISs EIS No. 20070213, ERP No. D–DOE– A09834–00, FutureGen Project, Planning, Design, Construction and Operation of a Coal Fueled Electric Power and Hydrogen Gas Production Plant, Four Alternative Sites: Mattoon, IL, Tuscola, IL, Jewett, TX, and Odessa, TX. Summary: EPA expressed environmental concerns about impacts to wetlands and the cumulative impacts of water use, and recommended that the DEIS provide more details on how many wetlands may be impacted at each alternative site and that a cumulative impacts evaluation be conducted for at least the 50-year operational life of the project. Rating EC2. EIS No. 20070231, ERP No. D–UAF– A11078–00, Common Battlefield Airmen Training (CBAT) Program, Proposes to Implement the CBAT Program at One of Three Installations: Moody Air Force Base (AFB), near Valosta, GA; Barkdale AFB in Bossier City, LA; and Arnold AFB near Manchester, TN. Summary: EPA does not object to the proposed project. Rating LO. EIS No. 20070312, ERP No. D–USN– K11119–HI, Hawaii Range Complex (HRC) Project, To Support and Maintain Navy Pacific Fleet Training, and Research, Development, Test, and Evaluation (RDT&E) Operations, Kauai, Honolulu, Maui and Hawaii Counties, HI. Summary: EPA expressed environmental concern about impacts to marine resources from mid-frequency active sonar use and recommended analysis of additional alternatives. Rating EC2. EIS No. 20070316, ERP No. D–FHW– E40815–00, Northern Corridor Interstate 73 Project, Proposes Construct from I–95 to Future Interstate 74, Marlboro and Dillion Counties, SC and Richmond County, NC. Summary: EPA expressed environmental concerns about wetland, stream, prime farmland, and noise impacts, and requested additional information on these issues be provided and that mitigation measures be developed. Rating EC1. EIS No. 20070326, ERP No. D–FTA– G59002–TX, University Corridor PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 Fixed Guideway Project, To Implement Transit Improvements from Hillcroft Transit Center to the Vicinity of the University of Houston (UH)—Central Campus or the Eastwood Transit Center, City of Houston, Harris County, TX. Summary: While EPA had no objections to the proposed action, we requested clarification of some air quality issues. Rating LO. Final EISs EIS No. 20070347, ERP No. F–FRC– G03032–TX, Calhoun Point Comfort Liquefied Natural Gas (LNG) Project, (Docket Nos. CP05–91–000 and CP06– 380–00) Construction of New Pipeline on 73 acres, Port of Port Lavaca, Calhoun and Jackson Counties, TX. Summary: No formal comment letter was sent to the preparing agency. EIS No. 20070348, ERP No. F–NPS– G65103–NM, Bandelier National Monument, Ecological Restoration Plan, Reestablish Healthy, Sustainable Vegetative Conditions within the Pinon-Juniper Woodland, Los Alamos and Sandoval Counties, NM. Summary: No formal comment letter was sent to the preparing agency. EIS No. 20070355, ERP No. F–FRC– G03035–00, Southeast Supply Header Project, Construction and Operation of Natural Gas Pipeline Facilities, Located in various Counties and Parishes in LA, MS and AL. Summary: While EPA’s previous issues have been resolved, we requested clarification of some EJ and wetlands issues. EIS No. 20070371, ERP No. F–BLM– J65473–WY, Eagle Butte West Coal Lease Application, Issuance of Lease for a Tract of Federal Coal, Wyoming Powder River Basin, Campbell County, WY. Summary: No formal comment letter was sent to the preparing agency. EIS No. 20070328, ERP No. FS–BLM– J67026–MT, Golden Sunlight Mine Pit Reclamation Alternatives, Preferred Alternative Selected is the Underground Sump Alternative, Operating Permit No. 00065 and Planof-Operation #MTM 82855, Whitehall, Jefferson County, MT. Summary: EPA continues to have environmental concerns about the longterm environmental impacts to water quality. E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 72, Number 188 (Friday, September 28, 2007)]
[Notices]
[Pages 55199-55200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19225]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8474-8]


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 Sierra Club 
(``Plaintiff'') in the United States District Court for the District of 
Columbia: Sierra Club v. Johnson, No. 1:07-cv-01040 (ESH) (D. D.C.). 
Plaintiff filed a deadline suit to compel the Administrator to respond 
to an administrative petition seeking EPA's objection to a CAA Title V 
operating permit proposed by the Wisconsin Department of Natural 
Resources for the Weston Generating Station in Marathon County, 
Wisconsin. Under the terms of the proposed consent decree, EPA has 
agreed to respond to Plaintiff's petition by December 19, 2007. If EPA 
fulfills its obligation, Plaintiff has agreed to dismiss this suit with 
prejudice. In addition, EPA has agreed to pay Plaintiff a specified 
amount in settlement for attorneys' fees in this matter.

DATES: Written comments on the proposed consent decree must be received 
by October 29, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0918, 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 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 lawsuit seeking a 
response to an administrative petition to object to a CAA Title V 
permit proposed by the Wisconsin Department of Natural Resources for 
the Weston Generating Station in Marathon County, Wisconsin. Under the 
proposed consent decree, EPA has agreed to respond to the Plaintiff's 
petition by December 19, 2007 and to pay a specified amount in 
settlement of the Plaintiff's claims for attorneys' fees. The consent 
decree becomes an order of the Court upon entry, and, consistent with 
the terms of the consent decree, the case shall be dismissed with 
prejudice after EPA takes final action on Plaintiffs' petition and pays 
the specified amount in the consent decree in settlement of the 
Plaintiff's claims for attorneys' fees.
    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 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 comment submitted, that consent to 
this 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-2007-0918) contains a copy of the proposed 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 
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

[[Page 55200]]

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: September 21, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-19225 Filed 9-27-07; 8:45 am]
BILLING CODE 6560-50-P
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