Proposed Consent Decree and Proposed Settlement Agreement, Clean Air Act Citizen Suit, 38015-38016 [E9-18197]

Download as PDF Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices Dated: July 21, 2009. Jim Willis, Director, Chemical Control Division, Office of Prevention, Pesticides and Toxic Substances. AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree and proposed settlement agreement; request for public comment. 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: Victoria L. Johnson, Office of Regional Counsel, U.S. Environmental Protection Agency, Region 6 (6RC–M), 1445 Ross Ave., Dallas, TX 75202–2733; telephone: (214) 665–7569; fax number (214) 665– 2182; e-mail address: johnson.victoria@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent degree and proposed settlement agreement to address a lawsuit filed by the Business Coalition for Clean Air (BCCA) Appeal Group, Texas Association of Business, and Texas Oil and Gas Association in the United States District Court for the Northern District of Texas, Dallas Division in BCCA Appeal Group, et al. v. EPA, No. 3–08CV1491–G (N.D. Tex.). Plaintiffs filed a complaint in this action on August 25, 2008, which alleges that EPA has failed to perform nondiscretionary duties pursuant to section 110(k)(1)(B) and (k)(2) of the Federal CAA, 42 U.S.C. 7410(k)(1)(B) and (k)(2), to take final action on numerous Texas State Implementation Plan (‘‘SIP’’) air quality revisions by the statutory deadline. The SIP revisions are related to Texas New Source Review (NSR) air permitting and banking and trading rules. The proposed consent decree and proposed settlement agreement, if finalized, will collectively resolve plaintiffs’ claims in this matter. A schedule for acting on the SIP revisions is attached to the proposed consent decree and proposed settlement agreement. DATES: Written comments on the proposed consent decree and proposed settlement agreement must be received by August 31, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0560, online at https:// www.regulations.gov (EPA’s preferred method); by e-mail to oei.docket@epa.gov; by mail to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, I. Additional Information About the Proposed Consent Decree and Proposed Settlement Agreement The proposed consent decree and proposed settlement agreement resolve a lawsuit filed by BCCA seeking to compel action by the EPA under section 110(k) of the CAA on identified SIP revisions submitted by the Texas Commission on Environmental Quality (TCEQ). The SIP revisions involve Texas NSR air permitting and banking and trading rules. The proposed consent decree and proposed settlement agreement provide that EPA shall sign for publication in the Federal Register a notice of final rulemaking to approve or disapprove, in whole or in part, the SIP revisions identified by the deadline specified in the Exhibit attached to each document and to deliver the notice promptly to the Office of the Federal Register. If EPA has discharged its obligations under the consent decree, the case will be dismissed with prejudice. Plaintiffs have agreed to stay this case in its entirety pending completion of, and subject to the terms of, the consent decree and settlement agreement. 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 and proposed settlement agreement 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 and proposed settlement agreement if comments disclose facts or circumstances indicating that such consent is inappropriate, improper, inadequate, or inconsistent with the [FR Doc. E9–18195 Filed 7–29–09; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [FRL–8937–3] erowe on DSK5CLS3C1PROD with NOTICES Proposed Consent Decree and Proposed Settlement Agreement, Clean Air Act Citizen Suit VerDate Nov<24>2008 15:34 Jul 29, 2009 Jkt 217001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 38015 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 and settlement agreement should be withdrawn, the terms of the decree and agreement will be affirmed. II. Additional Information About Commenting on the Proposed Consent Decree and Proposed Settlement Agreement A. How Can I Get A Copy of the Proposed Consent Decree and Proposed Settlement Agreement? The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2009–0560) contains a copy of the proposed consent decree and proposed 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 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 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 E:\FR\FM\30JYN1.SGM 30JYN1 38016 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices of the publicly available docket materials through the EPA Docket Center. FEDERAL COMMUNICATIONS COMMISSION B. How and To Whom Do I Submit Comments? erowe on DSK5CLS3C1PROD with NOTICES 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: July 23, 2009. Richard B. Ossias, Associate General Counsel. [FR Doc. E9–18197 Filed 7–29–09; 8:45 am] BILLING CODE 6560–50–P VerDate Nov<24>2008 15:34 Jul 29, 2009 Jkt 217001 Notice of Public Information Collections Being Reviewed by the Federal Communications Commission, Comments Requested July 27, 2009. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act of 1995 (PRA), Public Law No. 104– 13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. Pursuant to the PRA, no person shall be subject to any penalty for failing to comply with a collection of information that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written PRA comments should be submitted on or before September 28, 2009. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Interested parties may submit all PRA comments by e-mail or U.S. post mail. To submit your comments by e-mail, send them to PRA@fcc.gov and/or Cathy.Williams@fcc.gov. To submit your comments by U.S. mail, mark them to the attention of: Cathy Williams, Federal Communications Commission, Room 1– C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at (202) 418–2918 or send an e-mail to PRA@fcc.gov and/or Cathy.Williams@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–1089. PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 Title: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; E911 Requirements for IP-Enabled Service Providers, CG Docket No. 03–123 and WC Docket No. 05–196, FCC 08–151 and FCC 08–275. Form Number: Not Applicable. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit entities; Individuals or households; Not-for-profit institutions; State, local or tribal government. Number of Respondents and Responses: 12 respondents; 5,608,692 responses. Estimated Time per Response: 3 minutes (.05 hours) to 1 hour. Frequency of Response: One-time, quarterly and on occasion reporting requirements; Recordkeeping requirement; Third party disclosure requirement. Total Annual Burden: 206,061. Total Annual Cost: $4,251,635. Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this information collection is contained in sections 1, 2, 4(i), (4)(j), 225, 251, and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 225, 251, and 303(r). Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because the Commission has no direct involvement in the collection of personally identifiable information (PII) from individuals and/or households. Privacy Impact Assessment: No impact(s). Needs and Uses: On November 30, 2005, the Commission released Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Access to Emergency Services, Notice of Proposed Rulemaking (VRS/IP Relay 911 NPRM), CG Docket No. 03–123, FCC 05–196, published at 71 FR 5221 (February 1, 2006), which addressed the issue of access to emergency services for Internet-based forms of Telecommunications Relay Services (TRS), namely Video Relay Service (VRS) and Internet Protocol (IP) Relay. The Commission sought to adopt means to ensure that such calls promptly reach the appropriate emergency service provider. On May 8, 2006, the Commission released Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Misuse of IP Relay Service and Video Relay Service, Further Notice of Proposed Rulemaking (IP Relay/VRS E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Notices]
[Pages 38015-38016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18197]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8937-3]


Proposed Consent Decree and Proposed Settlement Agreement, Clean 
Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

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

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed consent degree and proposed settlement agreement to 
address a lawsuit filed by the Business Coalition for Clean Air (BCCA) 
Appeal Group, Texas Association of Business, and Texas Oil and Gas 
Association in the United States District Court for the Northern 
District of Texas, Dallas Division in BCCA Appeal Group, et al. v. EPA, 
No. 3-08CV1491-G (N.D. Tex.). Plaintiffs filed a complaint in this 
action on August 25, 2008, which alleges that EPA has failed to perform 
nondiscretionary duties pursuant to section 110(k)(1)(B) and (k)(2) of 
the Federal CAA, 42 U.S.C. 7410(k)(1)(B) and (k)(2), to take final 
action on numerous Texas State Implementation Plan (``SIP'') air 
quality revisions by the statutory deadline. The SIP revisions are 
related to Texas New Source Review (NSR) air permitting and banking and 
trading rules. The proposed consent decree and proposed settlement 
agreement, if finalized, will collectively resolve plaintiffs' claims 
in this matter. A schedule for acting on the SIP revisions is attached 
to the proposed consent decree and proposed settlement agreement.

DATES: Written comments on the proposed consent decree and proposed 
settlement agreement must be received by August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0560, online at https://www.regulations.gov (EPA's preferred 
method); by e-mail to oei.docket@epa.gov; by mail 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: Victoria L. Johnson, Office of 
Regional Counsel, U.S. Environmental Protection Agency, Region 6 (6RC-
M), 1445 Ross Ave., Dallas, TX 75202-2733; telephone: (214) 665-7569; 
fax number (214) 665-2182; e-mail address: johnson.victoria@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree and 
Proposed Settlement Agreement

    The proposed consent decree and proposed settlement agreement 
resolve a lawsuit filed by BCCA seeking to compel action by the EPA 
under section 110(k) of the CAA on identified SIP revisions submitted 
by the Texas Commission on Environmental Quality (TCEQ). The SIP 
revisions involve Texas NSR air permitting and banking and trading 
rules. The proposed consent decree and proposed settlement agreement 
provide that EPA shall sign for publication in the Federal Register a 
notice of final rulemaking to approve or disapprove, in whole or in 
part, the SIP revisions identified by the deadline specified in the 
Exhibit attached to each document and to deliver the notice promptly to 
the Office of the Federal Register. If EPA has discharged its 
obligations under the consent decree, the case will be dismissed with 
prejudice. Plaintiffs have agreed to stay this case in its entirety 
pending completion of, and subject to the terms of, the consent decree 
and settlement agreement.
    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 and proposed settlement agreement 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 and proposed settlement 
agreement if comments disclose facts or circumstances indicating 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 and settlement agreement should be 
withdrawn, the terms of the decree and agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Consent 
Decree and Proposed Settlement Agreement

A. How Can I Get A Copy of the Proposed Consent Decree and Proposed 
Settlement Agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2009-0560) contains a copy of the proposed consent 
decree and proposed 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 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 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

[[Page 38016]]

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: July 23, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-18197 Filed 7-29-09; 8:45 am]
BILLING CODE 6560-50-P
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