Proposed Consent Decree, Clean Air Act Citizen Suit, 12731-12732 [2011-5200]

Download as PDF Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Notices CS#5 is located 17 miles west of Cloquet, Minnesota. The area is designated attainment for all criteria pollutants. CS#5 is owned and maintained by Great Lakes Gas on privately-owned fee land within the exterior boundaries of the Fond du Lac Band of Lake Superior Chippewa Indian Reservation. EPA is responsible for issuing and enforcing any air quality permits for the source until such time that the Fond du Lac Band of Lake Superior Chippewa Indian Tribe has EPA approval to do so. CS#5 is subject to Title V because it has the potential to emit greater than 100 tons per year of nitrogen oxide and carbon monoxide. Great Lakes Gas submitted to EPA on November 23, 2009, a Title V permit application to renew its 2005 title V operating permit for CS#5. On November 15, 2010, EPA published a draft Title V permit to operate for public comment. The public comment period ended on December 15, 2010. EPA did not receive any comments on the draft title V permit, and the permit became effective on February 27, 2011. EPA is not aware of any outstanding enforcement actions against Great Lakes Gas and believes the issuance of this permit is non-controversial. B. What is the purpose of this notice? EPA is notifying the public of the issuance of the Great Lakes Gas CS#5 Title V permit. Dated: February 28, 2011. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2011–5197 Filed 3–7–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9277–6] Good Neighbor Environmental Board Environmental Protection Agency (EPA). ACTION: Notice of meeting. AGENCY: Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a meeting of the Good Neighbor Environmental Board (Board). The Board usually meets three times each calendar year, twice at different locations along the U.S. border with Mexico, and once in Washington, DC. It was created in 1992 by the Enterprise for the Americas Initiative Act, Public Law 102–532, 7 U.S.C. Section 5404. Implementing authority was delegated to the Administrator of EPA under srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:12 Mar 07, 2011 Jkt 223001 Executive Order 12916. The Board is responsible for providing advice to the President and the Congress on environmental and infrastructure issues and needs within the States contiguous to Mexico in order to improve the quality of life of persons residing on the United States side of the border. The statute calls for the Board to have representatives from U.S. Government agencies; the States of Arizona, California, New Mexico and Texas; and Tribal and private organizations to provide advice on environmental and infrastructure issues along the U.S.Mexico border. The purpose of the meeting is to discuss the Board’s 14th report, which will focus on the environmental and economic benefits of renewable energy in the border region. A copy of the meeting agenda will be posted at https://www.epa.gov/ocem/gneb. DATES: The Good Neighbor Environmental Board will hold an open meeting on Thursday, March 24, from 8:30 a.m. (registration at 8 a.m.) to 5:30 p.m. The following day, March 25, the Board will meet from 8 a.m. until 2 p.m. ADDRESSES: The meeting will be held at the Mandarin Oriental, 1330 Maryland Avenue, SW., Washington, DC 20024, phone number: 202–554–8588. The meeting is open to the public, with limited seating on a first-come, firstserved basis. FOR FURTHER INFORMATION CONTACT: Mark Joyce, Acting Designated Federal Officer, joyce.mark@epa.gov, 202–564– 2130, U.S. EPA, Office of Federal Advisory Committee Management and Outreach (1601M), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: If you wish to make oral comments or submit written comments to the Board, please contact Mark Joyce at least five days prior to the meeting. General Information: Additional information concerning the GNEB can be found on its Web site at https:// www.epa.gov/ocem/gneb. Meeting Access: For information on access or services for individuals with disabilities, please contact Mark Joyce at 202–564–2130 or by e-mail at joyce.mark@epa.gov. To request accommodation of a disability, please contact Mark Joyce at least 10 days prior to the meeting to give EPA as much time as possible to process your request. Dated: February 28, 2011. Mark Joyce, Acting Designated Federal Officer. [FR Doc. 2011–5209 Filed 3–7–11; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 12731 ENVIRONMENTAL PROTECTION AGENCY [FRL–9276–9] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of Proposed Consent Decree; 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 consent decree to address a lawsuit filed by WildEarth Guardians in the United States District Court for the District of New Mexico: WildEarth Guardians v. Jackson, No. 6:10–;cv–;00877–MCA– RHS (D. NM). 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 issued by the New Mexico Environment Department, Air Quality Bureau to Williams Four Corners LLC for the Sims (also spelled as ‘‘Simms’’) Mesa Central Delivery Point facility. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by April 29, 2011, or within 30 days of the entry date of this Consent Decree, whichever is later. DATES: Written comments on the proposed consent decree must be received by April 7, 2011. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2011–0212, 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: Melina Williams, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–3406; fax number (202) 564–5603; SUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1 12732 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Notices e-mail address: williams.melina@epa.gov. SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with NOTICES I. Additional Information About the Proposed Consent Decree This proposed consent decree would resolve a lawsuit alleging that the Administrator failed to perform a nondiscretionary duty to grant or deny, within 60 days of submission, an administrative petition to object to a CAA Title V permit issued by the New Mexico Environment Department, Air Quality Bureau to Williams Four Corners LLC for the Sims Mesa Central Delivery Point facility. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by April 29, 2011, or within 30 days of the entry date of this Consent Decree, whichever is later. The proposed consent decree further states that EPA shall expeditiously deliver notice of such action on the permit to the Office of the Federal Register for publication. In addition, the proposed consent decree states that deadline for filing a motion for costs of litigation (including attorneys’ fees) is extended until 60 days after the decree is entered by the court, that the parties shall seek to resolve informally any claim for such costs during those 60 days, and that if they cannot they will submit the issue to the court for resolution. The proposed consent decree also states that, after EPA fulfills its obligations under the decree and the plaintiff’s claims for costs of litigation have been resolved as provided in the decree, the case shall be dismissed with prejudice. 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 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. VerDate Mar<15>2010 19:12 Mar 07, 2011 Jkt 223001 EPA–HQ–OGC–2011–0212) 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, 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 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 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 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: March 1, 2011. Richard B. Ossias, Associate General Counsel. [FR Doc. 2011–5200 Filed 3–7–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9277–5] Science Advisory Board Staff Office; Notification of a Public Teleconference of the Air Monitoring and Methods Subcommittee Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces a public teleconference of the Clean Air Scientific Advisory Committee (CASAC) Air Monitoring and Methods Subcommittee (AMMS) to discuss the AMMS draft report on EPA’s draft monitoring documents for Oxides of Nitrogen (NOX) and Sulfur (SOx). SUMMARY: E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Pages 12731-12732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5200]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9276-9]


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 (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby 
given of a proposed consent decree to address a lawsuit filed by 
WildEarth Guardians in the United States District Court for the 
District of New Mexico: WildEarth Guardians v. Jackson, No. 6:10-;cv-
;00877-MCA-RHS (D. NM). 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 issued by the New Mexico 
Environment Department, Air Quality Bureau to Williams Four Corners LLC 
for the Sims (also spelled as ``Simms'') Mesa Central Delivery Point 
facility. Under the terms of the proposed consent decree, EPA has 
agreed to respond to the petition by April 29, 2011, or within 30 days 
of the entry date of this Consent Decree, whichever is later.

DATES: Written comments on the proposed consent decree must be received 
by April 7, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0212, 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: Melina Williams, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-3406; fax number (202) 564-5603;

[[Page 12732]]

e-mail address: williams.melina@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit alleging that 
the Administrator failed to perform a nondiscretionary duty to grant or 
deny, within 60 days of submission, an administrative petition to 
object to a CAA Title V permit issued by the New Mexico Environment 
Department, Air Quality Bureau to Williams Four Corners LLC for the 
Sims Mesa Central Delivery Point facility. Under the terms of the 
proposed consent decree, EPA has agreed to respond to the petition by 
April 29, 2011, or within 30 days of the entry date of this Consent 
Decree, whichever is later. The proposed consent decree further states 
that EPA shall expeditiously deliver notice of such action on the 
permit to the Office of the Federal Register for publication. In 
addition, the proposed consent decree states that deadline for filing a 
motion for costs of litigation (including attorneys' fees) is extended 
until 60 days after the decree is entered by the court, that the 
parties shall seek to resolve informally any claim for such costs 
during those 60 days, and that if they cannot they will submit the 
issue to the court for resolution. The proposed consent decree also 
states that, after EPA fulfills its obligations under the decree and 
the plaintiff's claims for costs of litigation have been resolved as 
provided in the decree, the case shall be dismissed with prejudice.
    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 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-2011-0212) 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, 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 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: March 1, 2011.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2011-5200 Filed 3-7-11; 8:45 am]
BILLING CODE 6560-50-P
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