Proposed Settlement Agreement, Clean Air Act Citizen Suit, 75672-75673 [2010-30492]

Download as PDF 75672 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Notices Section 206(b) of the ETAA requires that the membership of each RAC contain a balanced representation of States in the region and include not more than one representative of each State educational agency located in the region. The membership of each RAC may include the following: Representatives of local educational agencies, both rural and urban; representatives of institutions of higher education, including those that represent university-based research on education and on subjects other than education; parents; practicing educators, including classroom teachers, principals, administrators, school board members, and other local school officials; representatives of business; and researchers. Each RAC will be composed of approximately 12 members. jdjones on DSK8KYBLC1PROD with NOTICES Nomination Process Any interested person or organization may nominate one or more qualified individuals for membership. If you would like to nominate an individual or yourself for appointment to one of the RACs, please submit the following information to the Department’s White House Liaison Office: • A copy of the nominee’s resume; • A cover letter that provides the reason(s) for nominating the individual; • Contact information for the nominee (name, title, home and business address, phone number, fax number, and e-mail address); and • Specify the groups the nominee may qualify to represent from the following categories (list all that apply): Æ State educational agency. Æ Local educational agency (LEA). • Rural LEA. • Urban LEA. Æ Practicing educator. • Classroom teacher. • School principal. • Other school administrator. • School board member. • Other local school official. Æ Parent. Æ Institution of higher education. • University-based education research. • University-based research on subjects other than education. Æ Business. Æ Researchers. In addition, the cover letter must state that the nominee (if you are nominating someone other than yourself) has agreed to be nominated and is willing to serve on one of the RACs. Nominees will be appointed based on technical qualifications, professional experience, demonstrated knowledge of issues, and VerDate Mar<15>2010 15:27 Dec 03, 2010 Jkt 223001 demonstrated experience, integrity, impartiality, and good judgment. The Secretary will appoint members for the life of the Committee, which will span approximately five months. The committee will meet approximately five times during this period. Any member appointed to fill a vacancy occurring prior to the expiration of the full term for which the member’s predecessor was appointed will be appointed for the remainder of such term. Members will serve without compensation. However, members may receive reimbursement for travel expenses for attending Committee meetings, including per diem in lieu of subsistence, as authorized by the Federal travel regulations. Each RAC will be composed of both representatives of organizations or recognizable groups of persons and Special Government Employees (SGEs). SGE members will be chosen for their individual expertise, qualifications, and experience; they will provide advice and make recommendations based on their independent judgment and will not be speaking for or representing the views of any nongovernmental organization or recognizable group of persons. Nominations for individuals to serve on the RACs must be submitted (postmarked, if sending by mail; submitted electronically; or received, if hand delivered) by January 5, 2011. DATES: You may submit nominations, including attachments, by any of the following methods: • Electronically: Send to: WhiteHouseLiaison@ed.gov (specify in the e-mail subject line, ‘‘Regional Advisory Committee Nomination’’). • Mail, express delivery, hand delivery, messenger, or courier service: Submit one copy of the documents listed above to the following address: U.S. Department of Education, White House Liaison Office, 400 Maryland Avenue, SW., Room 7C109, Washington, DC 20202, Attn: Karen Akins. Express mail or hand delivery is encouraged to ensure timely receipt of materials. For questions, contact Karen Akins, White House Liaison Office, at (202) 401–3677, at (202) 205–0723 (fax), or via e-mail at WhiteHouseLiaison@ed.gov. ADDRESSES: Dated: November 29, 2010. Arne Duncan, Secretary of Education. [FR Doc. 2010–30475 Filed 12–3–10; 8:45 am] BILLING CODE P PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [FRL–9235–1] Proposed Settlement Agreement, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of Proposed Settlement Agreement; Request for Public Comment AGENCY: In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by the Louisiana Environmental Action Network in the United States District Court for the District of Columbia: Louisiana Environmental Action Network v. Jackson,. No 1:09–0133 (D. D.C.). On February 17, 2010, Plaintiff filed an amended complaint alleging that EPA failed to perform nondiscretionary duties under the Clean Air Act related to the attainment of National Ambient Air Quality Standards (NAAQS) for ozone in the Baton Rouge area. Specifically, they alleged that EPA failed to promulgate a Federal Implementation Plan to adopt regulations for the Baton Rouge area necessary to implement CAA requirements for ozone nonattainment areas that have been designated as ‘‘severe’’ nonattainment areas for the 1hour ozone standard. The proposed settlement agreement establishes deadlines for EPA to take action on certain requirements related to the 1hour and 1997 8-hour ozone standards. DATES: Written comments on the proposed settlement agreements must be received by January 5, 2011. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2010–0971, 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. SUMMARY: E:\FR\FM\06DEN1.SGM 06DEN1 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Notices Jan Tierney, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–5598; fax number (202) 564–5603; e-mail address: tierney.jan@epa.gov. SUPPLEMENTARY INFORMATION: jdjones on DSK8KYBLC1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: I. Additional Information About the Proposed Settlement Agreement The proposed settlement agreement would resolve a lawsuit seeking to compel the Agency to promulgate a Federal implementation plan addressing certain elements of a severe area 1-hour ozone SIP for Baton Rouge. In 2003, EPA reclassified the Baton Rouge area as a severe 1-hour ozone nonattainment area and established a schedule for Louisiana to submit SIP revisions to address the CAA’s pollution control requirements for severe ozone nonattainment areas. The LDEQ submitted to EPA for approval certain SIP revisions relevant to severe 1-hour requirements for major sources in the Baton Rouge area, which included: (1) A June 15, 2005 submittal titled ‘‘Severe Area Rule Update,’’ (2) a December 20, 2005, submittal titled ‘‘New Source Review State Implementation Plan,’’ and (3) a November 9, 2007, submittal titled ‘‘General Rule Update.’’ Under the proposed settlement agreement, if by February 28, 2012, EPA has not taken final action redesignating the Baton Rouge area to attainment for the 1997 8-hour ozone NAAQS, EPA will sign a notice to be published in the Federal Register, proposing action on (1) LDEQ’s June 15, 2005 submittal titled ‘‘Severe Area Rule Update,’’ (2) LDEQ’s December 20, 2005, submittal titled ‘‘New Source Review State Implementation Plan,’’ and (3) LDEQ’s November 9, 2007, submittal titled ‘‘General Rule Update.’’ The proposed settlement also states that if by September 30, 2012, EPA has not taken final action redesignating the Baton Rouge area to attainment for the 1997 8hour ozone NAAQS, EPA will sign a notice to be published in the Federal Register, taking final action on the three SIP submissions identified above. If EPA fulfills its obligations, the Parties shall jointly file with the Court in LEAN v. Jackson (civil action no. 1:09–01333) a motion pursuant to Fed. R. Civ. P. 41(a) to dismiss the case. 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 settlement agreements from persons who were not named as parties or intervenors to the litigation in question. VerDate Mar<15>2010 15:27 Dec 03, 2010 Jkt 223001 EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreements 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 that consent to these settlement agreements should be withdrawn, the terms of the agreements will be affirmed. II. Additional Information About Commenting on the Proposed Settlement Agreements A. How can I get a copy of the settlement agreements? The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2010–0971) contains copies of the proposed settlement agreements. 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, key in the appropriate docket identification number then select ‘‘search’’. It is important to note that EPA’s policy is that public comments, whether submitted electronically or on 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 9990 75673 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: November 29, 2010. Richard B. Ossias, Associate General Counsel. [FR Doc. 2010–30492 Filed 12–3–10; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75672-75673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30492]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9235-1]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; Request for Public 
Comment

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby 
given of a proposed settlement agreement to address a lawsuit filed by 
the Louisiana Environmental Action Network in the United States 
District Court for the District of Columbia: Louisiana Environmental 
Action Network v. Jackson,. No 1:09-0133 (D. D.C.). On February 17, 
2010, Plaintiff filed an amended complaint alleging that EPA failed to 
perform nondiscretionary duties under the Clean Air Act related to the 
attainment of National Ambient Air Quality Standards (NAAQS) for ozone 
in the Baton Rouge area. Specifically, they alleged that EPA failed to 
promulgate a Federal Implementation Plan to adopt regulations for the 
Baton Rouge area necessary to implement CAA requirements for ozone 
nonattainment areas that have been designated as ``severe'' 
nonattainment areas for the 1-hour ozone standard. The proposed 
settlement agreement establishes deadlines for EPA to take action on 
certain requirements related to the 1-hour and 1997 8-hour ozone 
standards.

DATES: Written comments on the proposed settlement agreements must be 
received by January 5, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0971, 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.

[[Page 75673]]


FOR FURTHER INFORMATION CONTACT: Jan Tierney, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5598; fax number (202) 564-5603; e-mail address: 
tierney.jan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would resolve a lawsuit seeking 
to compel the Agency to promulgate a Federal implementation plan 
addressing certain elements of a severe area 1-hour ozone SIP for Baton 
Rouge. In 2003, EPA reclassified the Baton Rouge area as a severe 1-
hour ozone nonattainment area and established a schedule for Louisiana 
to submit SIP revisions to address the CAA's pollution control 
requirements for severe ozone nonattainment areas. The LDEQ submitted 
to EPA for approval certain SIP revisions relevant to severe 1-hour 
requirements for major sources in the Baton Rouge area, which included: 
(1) A June 15, 2005 submittal titled ``Severe Area Rule Update,'' (2) a 
December 20, 2005, submittal titled ``New Source Review State 
Implementation Plan,'' and (3) a November 9, 2007, submittal titled 
``General Rule Update.''
    Under the proposed settlement agreement, if by February 28, 2012, 
EPA has not taken final action redesignating the Baton Rouge area to 
attainment for the 1997 8-hour ozone NAAQS, EPA will sign a notice to 
be published in the Federal Register, proposing action on (1) LDEQ's 
June 15, 2005 submittal titled ``Severe Area Rule Update,'' (2) LDEQ's 
December 20, 2005, submittal titled ``New Source Review State 
Implementation Plan,'' and (3) LDEQ's November 9, 2007, submittal 
titled ``General Rule Update.'' The proposed settlement also states 
that if by September 30, 2012, EPA has not taken final action 
redesignating the Baton Rouge area to attainment for the 1997 8-hour 
ozone NAAQS, EPA will sign a notice to be published in the Federal 
Register, taking final action on the three SIP submissions identified 
above. If EPA fulfills its obligations, the Parties shall jointly file 
with the Court in LEAN v. Jackson (civil action no. 1:09-01333) a 
motion pursuant to Fed. R. Civ. P. 41(a) to dismiss the case.
    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 settlement agreements 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 
settlement agreements 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 that consent to these settlement 
agreements should be withdrawn, the terms of the agreements will be 
affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreements

A. How can I get a copy of the settlement agreements?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2010-0971) contains copies of the proposed settlement 
agreements. 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, key in the appropriate docket identification number then select 
``search''.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or on 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: November 29, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-30492 Filed 12-3-10; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.