Proposed Consent Decree, Clean Air Act Citizen Suit, 43074-43075 [2012-17901]

Download as PDF 43074 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices this specific removal action which EPA intends to perform at the 2000–2012 Richmond Terrace portion of the Site. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the proposed Agreement. EPA will consider all comments received and may modify or withdraw its consent to the Agreement if comments received disclose facts or considerations that indicate that the proposed Agreement is inappropriate, improper, or inadequate. EPA’s response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007– 1866. DATES: Comments must be submitted on or before August 22, 2012. ADDRESSES: The Agreement is available for public inspection at EPA Region 2 offices at 290 Broadway, New York, New York 10007–1866. Comments should reference the Jewett White Lead Company Superfund Site (‘‘Site’’), located on Staten Island, Richmond County, New York. Index No. II– CERCLA–02–2012–2016. To request a copy of the Agreement, please contact the EPA employee identified below. FOR FURTHER INFORMATION CONTACT: ´ Henry Guzman, Assistant Regional Counsel, New York/Caribbean Superfund Branch, Office of Regional Counsel, U.S. Environmental Protection Agency, 290 Broadway—17th Floor, New York, New York 10007–1866. Telephone: 212–637–3166. Dated: July 3, 2012. Walter E. Mugdan, Director, Emergency and Remedial Response Division, Region 2. [FR Doc. 2012–17886 Filed 7–20–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9703–7] 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 (‘‘Act’’), notice is hereby given of a proposed consent decree to address a lawsuit filed by Southern Alliance for Clean Energy, et al. v. EPA, No. 1:12– cv–00338–ESH (D.D.C). On or about March 2, 2012, Southern Alliance for Clean Energy, et al. filed a complaint mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:21 Jul 20, 2012 Jkt 226001 that EPA failed to perform its nondiscretionary duty pursuant to section 505(b)(2) of the Act, to grant or deny, within 60 days after it was filed, a petition (‘‘Shawnee Petition’’) requesting that EPA object to a proposed title V operating permit for the Tennessee Valley Authority’s Fossil Plant issued by the Commonwealth of Kentucky (‘‘Shawnee Permit’’). Under the terms of the proposed consent decree, EPA would be required to sign its response to Plaintiffs’ petition by September 1, 2012. DATES: Written comments on the proposed consent decree must be received by August 22, 2012. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2012–0571, online at www.regulations.gov (EPA’s preferred method); by email to oei.docket@epa.gov; mailed to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD– ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Gretchen Graves, Esq., Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–5581; fax number (202) 564–5603; email address: graves.gretchen@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree The proposed consent decree would settle Plaintiffs’ claims in a title V deadline suit concerning a petition to object to a permit issued by the Kentucky Department for Air Quality for the Tennessee Valley Authority’s Shawnee Fossil Plant. The proposed consent decree would require EPA to sign its response to Plaintiffs’ petition by September 1, 2012. Once EPA has signed its response, EPA would be required to promptly deliver notice of its response to the Office of the Federal Register for publication. Under the proposed consent decree, once EPA has met these obligations, and any claims by Plaintiffs for costs of litigation have PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 been resolved pursuant to the process provided in the proposed consent decree, the court would dismiss the suit with prejudice. 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 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 the 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? Direct your comments to the official public docket for this action under Docket ID No. EPA–HQ–OGC–2012– 0571 which contains a copy of the 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 www.regulations.gov. You may use the 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 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 E:\FR\FM\23JYN1.SGM 23JYN1 Federal Register / Vol. 77, No. 141 / Monday, July 23, 2012 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 19:21 Jul 20, 2012 Jkt 226001 Dated: July 16, 2012. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2012–17901 Filed 7–20–12; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Information Collection Submitted for Review and Approval to the Office of Management and Budget Federal Communications Commission. ACTION: Notice; request for comments. AGENCY: As part of its continuing effort to reduce paperwork burden and as required b y the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3502 -3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: 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; the accuracy of the Commission’s burden estimates; ways to enhance the quality, utility, and clarity of the information collected; 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; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB control number. SUMMARY: Written Paperwork Reduction Act (PRA) comments should be submitted on or before August 22, 2012. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Submit your PRA comments to Nicholas A. Fraser, Office of Management and Budget (OMB), via fax at 202–395–5167 or via Internet at DATES: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 43075 Nicholas_A._Fraser@omb.eop.gov and to Judith B. Herman, Federal Communications Commission, via the Internet at Judith-b.herman@fcc.gov. To submit your PRA comments by email send them to: PRA@fcc.gov. FOR FURTHER INFORMATION CONTACT: Judith B. Herman, Office of Managing Director, FCC, at 202–418–0214. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0168. Title: Section 43.43, Reports of Proposed Changes in Depreciation Rates. Form Number: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit entities. Number of Respondents: 24 respondents; 24 responses. Estimated Time per Response: 250 hours. Frequency of Response: On occasion reporting requirement and recordkeeping requirement. Obligation to Respond: Mandatory. Statutory authority for this information collection is contained in 47 U.S.C. sections 151, 152, 154, 161, 201–205 and 218–220 of the Communications Act of 1934, as amended. Total Annual Burden: 6,000 hours. Total Annual Cost: N/A. Privacy Impact Assessment: N/A. Nature and Extent of Confidentiality: Respondents are not being asked to submit confidential information to the Commission. However, respondents may request materials or information submitted to the Commission be withheld from public inspection under 47 CFR 0.459 of the Commission’s rules. Needs and Uses: The Commission will submit this information collection for renewal to the Office of Management and Budget during this comment period. The Commission has adjusted the cost estimate. This increase in costs is due to an increase in the Commission’s filing fee. Section 43.43 establishes the reporting requirements for depreciation prescription purposes. Communication common carriers with annual operating revenues of $138 million or more that the Commission has found to be dominant must file information specified in Section 43.43 before making any change in depreciation rates applicable to their operating plant. Section 220 of the Communications Act of 1934, as amended, also allows the Commission, in its discretion, to prescribe the form of any and all accounts, records, and memoranda to be kept by carriers subject to the Act, including the accounts, records and E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43074-43075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17901]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9703-7]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

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

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``Act''), notice is hereby given of a proposed consent decree 
to address a lawsuit filed by Southern Alliance for Clean Energy, et 
al. v. EPA, No. 1:12-cv-00338-ESH (D.D.C). On or about March 2, 2012, 
Southern Alliance for Clean Energy, et al. filed a complaint that EPA 
failed to perform its nondiscretionary duty pursuant to section 
505(b)(2) of the Act, to grant or deny, within 60 days after it was 
filed, a petition (``Shawnee Petition'') requesting that EPA object to 
a proposed title V operating permit for the Tennessee Valley 
Authority's Fossil Plant issued by the Commonwealth of Kentucky 
(``Shawnee Permit''). Under the terms of the proposed consent decree, 
EPA would be required to sign its response to Plaintiffs' petition by 
September 1, 2012.

DATES: Written comments on the proposed consent decree must be received 
by August 22, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0571, online at www.regulations.gov (EPA's preferred method); 
by email to oei.docket@epa.gov; mailed to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Gretchen Graves, Esq., Air and 
Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone: (202) 564-5581; fax number (202) 564-
5603; email address: graves.gretchen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would settle Plaintiffs' claims in a 
title V deadline suit concerning a petition to object to a permit 
issued by the Kentucky Department for Air Quality for the Tennessee 
Valley Authority's Shawnee Fossil Plant. The proposed consent decree 
would require EPA to sign its response to Plaintiffs' petition by 
September 1, 2012. Once EPA has signed its response, EPA would be 
required to promptly deliver notice of its response to the Office of 
the Federal Register for publication. Under the proposed consent 
decree, once EPA has met these obligations, and any claims by 
Plaintiffs for costs of litigation have been resolved pursuant to the 
process provided in the proposed consent decree, the court would 
dismiss the suit with prejudice.
    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 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 the 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?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2012-0571 which contains a copy of the 
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 
www.regulations.gov. You may use the 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 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

[[Page 43075]]

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: July 16, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-17901 Filed 7-20-12; 8:45 am]
BILLING CODE 6560-50-P
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