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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
rmajette on PROD1PC67 with NOTICES

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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