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Notice: Air pollution control: Citizen suits; proposed settlements— Sierra Club

Notice: Air pollution control: Citizen suits; proposed settlements— Sierra Club

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Published by Justia.com
Notice: Air pollution control:
Citizen suits; proposed settlements—
Sierra Club, 12174-12175 [E7-4778] Environmental Protection Agency
Notice: Air pollution control:
Citizen suits; proposed settlements—
Sierra Club, 12174-12175 [E7-4778] Environmental Protection Agency

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Published by: Justia.com on May 01, 2008
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12174
Federal Register
/Vol. 72, No. 50/Thursday, March 15, 2007/Notices
access to the meeting via phone bridgefor a fee. If you have any questions, visit
http://www.CapitolConnection.org 
orcontact Danelle Perkowski or DavidReininger at 703
993
3100.Transcripts of the meeting will beavailable immediately for a fee from AceReporting Company (202
347
3700 or1
800
336
6646). They will beavailable for free on the Commission
seLibrary system and on the eventscalendar approximately one week afterthe meeting.FERC conferences and meetings areaccessible under section 508 of theRehabilitation Act of 1973. Foraccessibility accommodations pleasesend an e-mail to
accessibility@ferc.gov 
or call toll free (866) 208
3372 (voice)or 202
502
8659 (TTY), or send a fax to202
208
2106 with the requiredaccommodations.
Philis J. Posey,
Acting Secretary.
[FR Doc. E7
4713 Filed 3
14
07; 8:45 am]
BILLING CODE 6717
01
P
DEPARTMENT OF ENERGYFederal Energy RegulatoryCommissionNotice of Membership of PerformanceReview Board for Senior Executives(PRB)
March 9, 2007.
The Federal Energy RegulatoryCommission hereby provides notice of the membership of its PerformanceReview Board (PRB) for theCommission
s Senior Executive Service(SES) members. The function of this board is to make recommendationsrelating to the performance of seniorexecutives in the Commission. Thisaction is undertaken in accordance withTitle 5, U.S.C. 4314(c)(4). TheCommission
s PRB will remove thefollowing member: Daniel L. Larcamp.
Philis J. Posey,
Acting Secretary.
[FR Doc. E7
4715 Filed 3
14
07; 8:45 am]
BILLING CODE 6717
01
P
ENVIRONMENTAL PROTECTIONAGENCY
[FRL
8288
2]
Proposed Consent Decree Clean AirAct Citizen Suit
AGENCY
:
Environmental ProtectionAgency (EPA).
ACTION
:
Notice of proposed consentdecree; request for public comment.
SUMMARY
:
In accordance with section113(g) of the Clean Air Act, as amended(
‘‘
Act
’’
), 42 U.S.C. 7413(g), notice ishereby given of a proposed consentdecree, to address a lawsuit filed by theSierra Club:
Sierra Club
v.
The United States Environmental ProtectionAgency,
No. CV 06
00663 BB(LFG)(District of New Mexico). On or about July 26, 2006, Sierra Club filed acomplaint alleging that EPA had failedto perform a non-discretionary duty andhad unreasonably delayed publicationof a final rule, known as a FederalImplementation Plan (
‘‘
FIP
’’
), regulatingair emissions from the Four CornersPower Plant (
‘‘
FCPP
’’
). Under the termsof the proposed consent decree, adeadline of April 30, 2007, isestablished for EPA to take final actionon the FIP proposed by EPA onSeptember 12, 2006.
DATES
:
Written comments on theproposed consent decree must bereceived by
April 16, 2007.
ADDRESSES
:
Submit your comments,identified by Docket ID number EPA
 HQ7
OGC
2007
0194, online at
http:// www.regulations.gov 
(EPA
s preferredmethod); by e-mail to
oei.docket@epa.gov;
mailed to EPADocket Center, EnvironmentalProtection Agency, Mailcode: 2822T,1200 Pennsylvania Ave., NW.,Washington, DC 20460
0001; or byhand delivery or courier to EPA DocketCenter, EPA West, Room 3334, 1301Constitution Ave., NW., Washington,DC, between 8:30 a.m. and 4:30 p.m.Monday through Friday, excluding legalholidays. Comments on a disk or CD
 ROM should be formatted in Word orASCII file, avoiding the use of specialcharacters and any form of encryption,and may be mailed to the mailingaddress above. Please provide a separatecopy of your comments to the personidentified in the For FurtherInformation Contact section of thisnotice.
FOR FURTHER INFORMATION CONTACT
:
Richard H. Vetter, c/o Cheryl GrahamAir and Radiation Law Office (2344A),Office of General Counsel, U.S.Environmental Protection Agency, 1200Pennsylvania Ave., NW., Washington,DC 20460; telephone: (919) 541
2127;fax number (919) 541
4991; emailaddress:
vetter.rick@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. Additional Information About theProposed Consent Decree
The proposed consent decree wouldresolve the suit filed by Sierra Cluballeging that EPA had a non-discretionary duty and hadunreasonably delayed finalizing a FIPregulating air emissions from FCPP.The background to Sierra Club
sComplaint is that EPA had proposed aFIP in 1999 for FCPP, see 64 FR 48731(September 8, 1999), but by 2006 hadnot taken final action on the 1999proposed FIP. Shortly after 1999, FCPP began negotiations with EPA, NavajoNation EPA, the National Park Serviceand several environmental groups (notincluding Sierra Club). Between 2003and 2005, FCPP tested changes to itsSO2 control devices that increased theoverall control efficiency of thesecontrol devices.EPA proposed a new FIP for FCPP onSeptember 12, 2006 that, among otherthings, reflected the increase inefficiency of the SO2 control devices atthe facility. 71 FR 53631. The proposedconsent decree provides that on or before April 30, 2007, EPA will takefinal action on the FIP we proposed onSeptember 12, 2006.On December 14, 2006, the partiesfiled with the Court a notice of lodgingof the proposed consent decree. Thenotice informed the Court of the decree but noted that the decree was not readyfor entry as it is subject to therequirements of section 113(g) of theClean Air Act.For a period of thirty (30) daysfollowing the date of publication of thisnotice, the Agency will receive writtencomments relating to the proposedconsent decree from persons who werenot named as parties to the litigation inquestion. EPA or the Department of  Justice may withdraw or withholdconsent to the proposed consent decreeif the comments disclose facts orconsiderations that indicate that suchconsent is inappropriate, improper,inadequate, or inconsistent with therequirements of the Act. Unless EPA orthe Department of Justice determines, based on any comment which may besubmitted, that consent to the consentdecree should be withdrawn, the termsof the decree will be affirmed.
II. Additional Information AboutCommenting on the Proposed ConsentDecree
A. How Can I Get a Copy of the Consent Decree? 
The official public docket for thisaction (identified by Docket ID No.EPA7
HQ 
OGC
2007
0194) contains acopy of the proposed consent decree.The official public docket is availablefor public viewing at the Office of Environmental Information (OEI) Docketin the EPA Docket Center, EPA West,
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