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12174 Federal Register / Vol. 72, No.

50 / Thursday, March 15, 2007 / Notices

access to the meeting via phone bridge ACTION: Notice of proposed consent alleging that EPA had a non-
for a fee. If you have any questions, visit decree; request for public comment. discretionary duty and had
http://www.CapitolConnection.org or unreasonably delayed finalizing a FIP
contact Danelle Perkowski or David SUMMARY: In accordance with section regulating air emissions from FCPP.
Reininger at 703–993–3100. 113(g) of the Clean Air Act, as amended The background to Sierra Club’s
Transcripts of the meeting will be (‘‘Act’’), 42 U.S.C. 7413(g), notice is Complaint is that EPA had proposed a
available immediately for a fee from Ace hereby given of a proposed consent FIP in 1999 for FCPP, see 64 FR 48731
Reporting Company (202–347–3700 or decree, to address a lawsuit filed by the (September 8, 1999), but by 2006 had
1–800–336–6646). They will be Sierra Club: Sierra Club v. The United not taken final action on the 1999
available for free on the Commission’s States Environmental Protection proposed FIP. Shortly after 1999, FCPP
eLibrary system and on the events Agency, No. CV 06–00663 BB(LFG) began negotiations with EPA, Navajo
calendar approximately one week after (District of New Mexico). On or about Nation EPA, the National Park Service
the meeting. July 26, 2006, Sierra Club filed a and several environmental groups (not
FERC conferences and meetings are complaint alleging that EPA had failed including Sierra Club). Between 2003
accessible under section 508 of the to perform a non-discretionary duty and and 2005, FCPP tested changes to its
Rehabilitation Act of 1973. For had unreasonably delayed publication SO2 control devices that increased the
accessibility accommodations please of a final rule, known as a Federal overall control efficiency of these
send an e-mail to accessibility@ferc.gov Implementation Plan (‘‘FIP’’), regulating control devices.
or call toll free (866) 208–3372 (voice) air emissions from the Four Corners EPA proposed a new FIP for FCPP on
or 202–502–8659 (TTY), or send a fax to Power Plant (‘‘FCPP’’). Under the terms September 12, 2006 that, among other
202–208–2106 with the required of the proposed consent decree, a things, reflected the increase in
accommodations. deadline of April 30, 2007, is efficiency of the SO2 control devices at
established for EPA to take final action the facility. 71 FR 53631. The proposed
Philis J. Posey, on the FIP proposed by EPA on consent decree provides that on or
Acting Secretary. September 12, 2006. before April 30, 2007, EPA will take
[FR Doc. E7–4713 Filed 3–14–07; 8:45 am] DATES: Written comments on the final action on the FIP we proposed on
BILLING CODE 6717–01–P proposed consent decree must be September 12, 2006.
received by April 16, 2007. On December 14, 2006, the parties
ADDRESSES: Submit your comments, filed with the Court a notice of lodging
DEPARTMENT OF ENERGY identified by Docket ID number EPA– of the proposed consent decree. The
HQ7–OGC–2007–0194, online at http:// notice informed the Court of the decree
Federal Energy Regulatory but noted that the decree was not ready
www.regulations.gov (EPA’s preferred
Commission for entry as it is subject to the
method); by e-mail to
Notice of Membership of Performance oei.docket@epa.gov; mailed to EPA requirements of section 113(g) of the
Review Board for Senior Executives Docket Center, Environmental Clean Air Act.
(PRB) Protection Agency, Mailcode: 2822T, For a period of thirty (30) days
1200 Pennsylvania Ave., NW., following the date of publication of this
March 9, 2007. Washington, DC 20460–0001; or by notice, the Agency will receive written
The Federal Energy Regulatory hand delivery or courier to EPA Docket comments relating to the proposed
Commission hereby provides notice of Center, EPA West, Room 3334, 1301 consent decree from persons who were
the membership of its Performance Constitution Ave., NW., Washington, not named as parties to the litigation in
Review Board (PRB) for the DC, between 8:30 a.m. and 4:30 p.m. question. EPA or the Department of
Commission’s Senior Executive Service Monday through Friday, excluding legal Justice may withdraw or withhold
(SES) members. The function of this holidays. Comments on a disk or CD– consent to the proposed consent decree
board is to make recommendations ROM should be formatted in Word or if the comments disclose facts or
relating to the performance of senior ASCII file, avoiding the use of special considerations that indicate that such
executives in the Commission. This characters and any form of encryption, consent is inappropriate, improper,
action is undertaken in accordance with and may be mailed to the mailing inadequate, or inconsistent with the
Title 5, U.S.C. 4314(c)(4). The address above. Please provide a separate requirements of the Act. Unless EPA or
Commission’s PRB will remove the copy of your comments to the person the Department of Justice determines,
following member: Daniel L. Larcamp. identified in the For Further based on any comment which may be
Information Contact section of this submitted, that consent to the consent
Philis J. Posey,
notice. decree should be withdrawn, the terms
Acting Secretary. of the decree will be affirmed.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. E7–4715 Filed 3–14–07; 8:45 am]
Richard H. Vetter, c/o Cheryl Graham II. Additional Information About
BILLING CODE 6717–01–P
Air and Radiation Law Office (2344A), Commenting on the Proposed Consent
Office of General Counsel, U.S. Decree
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, A. How Can I Get a Copy of the Consent
ENVIRONMENTAL PROTECTION Decree?
AGENCY DC 20460; telephone: (919) 541–2127;
fax number (919) 541–4991; email The official public docket for this
address: vetter.rick@epa.gov. action (identified by Docket ID No.
[FRL–8288–2] EPA7–HQ–OGC–2007–0194) contains a
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SUPPLEMENTARY INFORMATION:
Proposed Consent Decree Clean Air copy of the proposed consent decree.
I. Additional Information About the The official public docket is available
Act Citizen Suit Proposed Consent Decree for public viewing at the Office of
AGENCY: Environmental Protection The proposed consent decree would Environmental Information (OEI) Docket
Agency (EPA). resolve the suit filed by Sierra Club in the EPA Docket Center, EPA West,

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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12175

Room 3334, 1301 Constitution Ave., on the substance of your comment. Any March 8, 2007, EPA partially
NW., Washington, DC. The EPA Docket identifying or contact information disapproved California’s decisions not
Center Public Reading Room is open provided in the body of a comment will to list 64 water quality limited segments
from 8:30 a.m. to 4:30 p.m., Monday be included as part of the comment that and associated pollutants, and
through Friday, excluding legal is placed in the official public docket, additional pollutants for 37 water
holidays. The telephone number for the and made available in EPA’s electronic bodies already listed by the State. EPA
Public Reading Room is (202) 566–1744, public docket. If EPA cannot read your identified these additional water bodies
and the telephone number for the OEI comment due to technical difficulties and pollutants for inclusion on the
Docket is (202) 566–1752. and cannot contact you for clarification, State’s 2004–2006 section 303(d) list.
An electronic version of the public EPA may not be able to consider your EPA is providing the public the
docket is available through http:// comment. opportunity to review its decisions to
www.regulations.gov. You may use the Use of the www.regulations.gov Web add waters and pollutants to California
www.regulations.gov to submit or view site to submit comments to EPA 2004–2006 section 303(d) list, as
public comments, access the index electronically is EPA’s preferred method required by EPA’s Public Participation
listing of the contents of the official for receiving comments. The electronic regulations. EPA will consider public
public docket, and to access those public docket system is an ‘‘anonymous comments in reaching its final decisions
documents in the public docket that are access’’ system, which means EPA will on the additional water bodies and
available electronically. Once in the not know your identity, e-mail address, pollutants identified for inclusion on
system, select ‘‘search,’’ then key in the or other contact information unless you California’s final lists.
appropriate docket identification provide it in the body of your comment. DATES: Comments must be submitted to
number. In contrast to EPA’s electronic public EPA on or before April 16, 2007.
It is important to note that EPA’s docket, EPA’s electronic mail (e-mail) ADDRESSES: Comments on the proposed
policy is that public comments, whether system is not an ‘‘anonymous access’’ decisions should be sent to Peter
submitted electronically or in paper, system. If you send an e-mail comment Kozelka, TMDL Liaison, Water Division
will be made available for public directly to the Docket without going (WTR–2), U.S. Environmental
viewing online at http:// through www.regulations.gov, your e- Protection Agency Region IX, 75
www.regulations.gov without change, mail address is automatically captured Hawthorne Street, San Francisco, CA
unless the comment contains and included as part of the comment 94105, telephone (415) 972–3448,
copyrighted material, CBI, or other that is placed in the official public facsimile (415) 947–3537, e-mail
information whose disclosure is docket, and made available in EPA’s kozelka.peter@epa.gov. Oral comments
restricted by statute. Information electronic public docket. will not be considered. Copies of the
claimed as CBI and other information decisions concerning California’s 303(d)
whose disclosure is restricted by statute Dated: March 8, 2007.
list which explain the rationale for
is not included in the official public Richard B. Ossias,
EPA’s decisions can be obtained at EPA
docket or in the electronic public Associate General Counsel. Region 9’s Web site at http://
docket. EPA’s policy is that copyrighted [FR Doc. E7–4778 Filed 3–14–07; 8:45 am] www.epa.gov/region9/water/tmdl/
material, including copyrighted material BILLING CODE 6560–50–P 303d.html by writing or calling Mr.
contained in a public comment, will not Kozelka at the above address.
be placed in EPA’s electronic public Underlying documentation comprising
docket but will be available only in ENVIRONMENTAL PROTECTION the record for these decisions is
printed, paper form in the official public AGENCY available for public inspection at the
docket. Although not all docket above address.
[FRL–8287–7]
materials may be available
FOR FURTHER INFORMATION CONTACT:
electronically, you may still access any Clean Water Act Section 303(d): Peter Kozelka at (415) 972–3448 or
of the publicly available docket Availability of List Decisions kozelka.peter@epa.gov.
materials through the EPA Docket
Center. AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Section
Agency (EPA). 303(d) of the Clean Water Act (CWA)
B. How and To Whom Do I Submit requires that each state identify those
ACTION: Notice of availability.
Comments? waters for which existing technology-
You may submit comments as SUMMARY: This action announces the based pollution controls are not
provided in the ADDRESSES section. availability of EPA decisions identifying stringent enough to attain or maintain
Please ensure that your comments are water quality limited segments and state water quality standards. For those
submitted within the specified comment associated pollutants in California to be waters, states are required to establish
period. Comments received after the listed pursuant to Clean Water Act TMDLs according to a priority ranking.
close of the comment period will be section 303(d)(2), and requests public EPA’s Water Quality Planning and
marked ‘‘late.’’ EPA is not required to comment. Section 303(d)(2) requires Management regulations include
consider these late comments. that states submit and EPA approve or requirements related to the
If you submit an electronic comment, disapprove lists of waters for which implementation of Section 303(d) of the
EPA recommends that you include your existing technology-based pollution CWA (40 CFR 130.7). The regulations
name, mailing address, and an e-mail controls are not stringent enough to require states to identify water quality
address or other contact information in attain or maintain state water quality limited waters still requiring TMDLs
the body of your comment and with any standards and for which total maximum every two years. The lists of waters still
disk or CD ROM you submit. This daily loads (TMDLs) must be prepared. needing TMDLs must also include
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ensures that you can be identified as the On November 30, 2006, EPA partially priority rankings and must identify the
submitter of the comment and allows approved California’s 2004–2006 303(d) waters targeted for TMDL development
EPA to contact you in case EPA cannot submittal. Specifically, EPA approved during the next two years (40 CFR
read your comment due to technical California’s proposal to list impaired 130.7). On March 31, 2000, EPA
difficulties or needs further information waters and associated pollutants. On promulgated a revision to this

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