Proposed Settlement Agreement, Clean Air Act Citizen Suit, 19013-19014 [2012-7572]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Notices 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. Deliveries are only accepted during the docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide comments by hand delivery, please submit one unbound original with pages numbered consecutively, and three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. Instructions: Direct your comments to Docket ID No. EPA–HQ–ORD–2011– 0895. Please ensure that your comments are submitted within the specified comment period. It is EPA’s policy to include all comments it receives in the public docket without change and to make the comments available online at https://www.regulations.gov, including any personal information provided, unless comments include information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comments. If you send email comments directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured and included as part of the comments that are placed in the public docket and made available on the Internet. If you submit electronic comments, EPA recommends that you include your name and other contact information in the body of your comments and with any disk or CD–ROM you submit. If EPA cannot read your comments due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comments. Electronic files should avoid the use of special characters and any form of encryption and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other VerDate Mar<15>2010 17:14 Mar 28, 2012 Jkt 226001 material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at https:// www.regulations.gov or in hard copy at the OEI Docket in the EPA Headquarters Docket Center. Dated: March 20, 2012. Cynthia Sonich-Mullin, Director, National Risk Management Research Laboratory. [FR Doc. 2012–7574 Filed 3–28–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9653–7] Proposed Settlement Agreement, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of a 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 Sierra Club in the United States District Court for the Western District of Wisconsin: Sierra Club v. Jackson, No. 3:11-cv-0315 (W.D. WI). Plaintiff filed a complaint alleging that EPA has failed to satisfy a nondiscretionary duty or, in the alternative, has unreasonably delayed in acting on the title V permit issued by Wisconsin Department of Natural Resources (‘‘WDNR’’) for Wisconsin Public Service Corporation’s J.P. Pulliam Generating Station (‘‘Pulliam’’) because WDNR had not submitted to EPA a permit revised to meet EPA’s June 28, 2010 objection to this permit. Under the proposed settlement agreement, EPA agrees to a deadline for responding to a potential future petition submitted by Plaintiff. DATES: Written comments on the proposed settlement agreement must be received by April 30, 2012. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2012–0206, online at www.regulations.gov (EPA’s preferred method); by email 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, SUMMARY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 19013 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: Amy Huang Branning, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–1744; fax number (202) 564–5603; email address: branning.amy@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement Agreement Plaintiff filed a complaint alleging that EPA has failed to satisfy a nondiscretionary duty or, in the alternative, has unreasonably delayed in acting on the title V permit issued by Wisconsin Department of Natural Resources (‘‘WDNR’’) for Wisconsin Public Service Corporation’s J.P. Pulliam Generating Station (‘‘Pulliam’’) because WDNR had not submitted to EPA a permit revised to meet EPA’s June 28, 2010 objection to this permit. However, on February 16, 2012, EPA received a proposed revised title V permit for Pulliam from WDNR. As a result, Sierra Club and EPA plan to enter into a settlement. Under the proposed settlement agreement, if EPA objects to the proposed revised permit by April 1, 2012, Plaintiff must notify EPA within ten (10) days of EPA’s objection whether it seeks to lift the stay of the litigation. If Plaintiff seeks to lift the stay, the parties will file a joint motion to lift the stay within ten (10) days of Plaintiff’s notice, and EPA must file the administrative record within thirty (30) days of EPA’s objection. If Plaintiff does not seek to lift the stay, it will file a motion to dismiss the case with prejudice within thirty (30) days of EPA’s objection. If EPA does not object to the proposed revised permit and Plaintiff submits a timely administrative petition pursuant to CAA section 505(b)(2), 42 U.S.C. 7661d(B)(2), requesting that EPA object to such permit, EPA must respond to the petition within 80 days of receiving the petition. No action is required of EPA if Plaintiff does not submit a timely petition to EPA. 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 agreement from persons who were not named as parties or E:\FR\FM\29MRN1.SGM 29MRN1 19014 Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Notices intervenors to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreement 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 the settlement agreement should be withdrawn, the terms of the agreement will be affirmed. mstockstill on DSK4VPTVN1PROD with NOTICES II. Additional Information About Commenting on the Proposed Settlement Agreement A. How can I get a copy of the settlement agreement? The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2012–0206) contains copies of the 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 www.regulations.gov. You may use 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, including an electronic copy of the proposed settlement agreement. 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 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 VerDate Mar<15>2010 17:14 Mar 28, 2012 Jkt 226001 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 email 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, email 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 (email) system is not an ‘‘anonymous access’’ system. If you send an email 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: March 23, 2012. Patricia Embrey, Acting Associate General Counsel. FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 23, 2012. A. Federal Reserve Bank of St. Louis (Glenda Wilson, Community Affairs Officer) P.O. Box 442, St. Louis, Missouri 63166–2034: 1. Cooper Investments, Inc., Farmington, Missouri; to become a bank holding company by retaining at least 25 percent of the voting shares of First State Bancshares, Inc., and thereby indirectly control First State Community Bank, both in Farmington, Missouri. Board of Governors of the Federal Reserve System, March 26, 2012. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. 2012–7570 Filed 3–28–12; 8:45 am] BILLING CODE 6210–01–P [FR Doc. 2012–7572 Filed 3–28–12; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Notices]
[Pages 19013-19014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7572]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9653-7]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a 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 
Sierra Club in the United States District Court for the Western 
District of Wisconsin: Sierra Club v. Jackson, No. 3:11-cv-0315 (W.D. 
WI). Plaintiff filed a complaint alleging that EPA has failed to 
satisfy a non-discretionary duty or, in the alternative, has 
unreasonably delayed in acting on the title V permit issued by 
Wisconsin Department of Natural Resources (``WDNR'') for Wisconsin 
Public Service Corporation's J.P. Pulliam Generating Station 
(``Pulliam'') because WDNR had not submitted to EPA a permit revised to 
meet EPA's June 28, 2010 objection to this permit. Under the proposed 
settlement agreement, EPA agrees to a deadline for responding to a 
potential future petition submitted by Plaintiff.

DATES: Written comments on the proposed settlement agreement must be 
received by April 30, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0206, online at www.regulations.gov (EPA's preferred method); 
by email 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: Amy Huang Branning, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-1744; fax number (202) 564-5603; email address: 
branning.amy@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    Plaintiff filed a complaint alleging that EPA has failed to satisfy 
a non-discretionary duty or, in the alternative, has unreasonably 
delayed in acting on the title V permit issued by Wisconsin Department 
of Natural Resources (``WDNR'') for Wisconsin Public Service 
Corporation's J.P. Pulliam Generating Station (``Pulliam'') because 
WDNR had not submitted to EPA a permit revised to meet EPA's June 28, 
2010 objection to this permit. However, on February 16, 2012, EPA 
received a proposed revised title V permit for Pulliam from WDNR. As a 
result, Sierra Club and EPA plan to enter into a settlement. Under the 
proposed settlement agreement, if EPA objects to the proposed revised 
permit by April 1, 2012, Plaintiff must notify EPA within ten (10) days 
of EPA's objection whether it seeks to lift the stay of the litigation. 
If Plaintiff seeks to lift the stay, the parties will file a joint 
motion to lift the stay within ten (10) days of Plaintiff's notice, and 
EPA must file the administrative record within thirty (30) days of 
EPA's objection. If Plaintiff does not seek to lift the stay, it will 
file a motion to dismiss the case with prejudice within thirty (30) 
days of EPA's objection. If EPA does not object to the proposed revised 
permit and Plaintiff submits a timely administrative petition pursuant 
to CAA section 505(b)(2), 42 U.S.C. 7661d(B)(2), requesting that EPA 
object to such permit, EPA must respond to the petition within 80 days 
of receiving the petition. No action is required of EPA if Plaintiff 
does not submit a timely petition to EPA.
    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 agreement from persons who were not named as 
parties or

[[Page 19014]]

intervenors to the litigation in question. EPA or the Department of 
Justice may withdraw or withhold consent to the proposed settlement 
agreement 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 the settlement 
agreement should be withdrawn, the terms of the agreement will be 
affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

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

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2012-0206) contains copies of the 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 
www.regulations.gov. You may use 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, including an electronic copy 
of the proposed settlement agreement. 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 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 email 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, email 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 
(email) system is not an ``anonymous access'' system. If you send an 
email 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: March 23, 2012.
Patricia Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-7572 Filed 3-28-12; 8:45 am]
BILLING CODE 6560-50-P
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