Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices 22095 

385.214) a motion to intervene or notice 

of intervention and pursuant to section 

157.205 of the regulations under the 

NGA (18 CFR 157.205), a protest to the 

request. If no protest is filed within the 

time allowed therefore, the proposed 

activity shall be deemed to be 

authorized effective the day after the 

time allowed for filing a protest. If a 

protest is filed and not withdrawn 

within 30 days after the allowed time 

for filing a protest, the instant request 

shall be treated as an application for 

authorization pursuant to section 7 of 

the NGA. 

Dated: April 14, 2011. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–9560 Filed 4–19–11; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number EPA–HQ–OECA–2010– 

0710; FRL–9298–2] 

Clean Air Act: Opportunity To 

Comment, Activities Required by 

Federal Facilities Compliance 

Agreement With the Tennessee Valley 

Authority 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has entered into a federal 

facilities compliance agreement with the 

Tennessee Valley Authority (TVA), 

Docket No. CAA–04–2010–1760 

(Compliance Agreement) to resolve 

alleged violations of the Clean Air Act 

and its implementing regulations at the 

eleven facilities that TVA owns and 

operates in Alabama, Kentucky, and 

Tennessee. EPA is hereby providing 

public notice of this Compliance 

Agreement and providing an 

opportunity for interested persons to 

comment on the Compliance 

Agreement. 

DATES: Comments are due on or before 

May 20, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2010–0710, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oeca@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OECA–2010–0710. 

• Mail: Enforcement and Compliance 

Docket Information Center, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, 

Attention Docket ID No. EPA–HQ– 

OECA–2010–0710. 

• Hand Delivery: Enforcement and 

Compliance Docket Information Center 

in the EPA Docket Center (EPA/DC), 

EPA West, Room 3334, 1301 

Constitution Avenue, 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. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

telephone number for the Reading Room 

is (202) 566–1744, and the telephone 

number for the Enforcement and 

Compliance Docket is (202) 566–1927. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OECA–2010– 

0710. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes 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 www.regulations.gov 

or docket.oeca@epa.gov, Attention 

Docket ID No. EPA–HQ–OECA–2010– 

0710. The http://www.regulations.gov 

Web site is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, 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 http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

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 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Enforcement and Compliance 

Docket Information Center in the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Avenue, 

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 

Reading Room is (202) 566–1744, and 

the telephone number for the 

Enforcement and Compliance Docket is 

(202) 566–1927. 

FOR FURTHER INFORMATION CONTACT: 

Jason Dressler, South Air Enforcement 

Section (9T25), Environmental 

Protection Agency, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303; telephone 

number: 404–562–9208; e-mail address: 

dressler.jason@epa.gov. 

Summary of the Proposed Action for 

Comment 

EPA alleges in the Compliance 

Agreement and the companion Consent 

Agreement and Final Order (CAFO), 

Docket No. CAA–04–2010–1528(b), that 

TVA failed to comply with certain 

requirements of the Clean Air Act 

intended to protect air quality. TVA is 

also concurrently entering into a federal 

consent decree (Consent Decree) with 

the State of Alabama, the 

Commonwealth of Kentucky, the State 

of North Carolina, the State of 

Tennessee and three non-governmental 

organizations, the National Parks 

Conservation Association, the Sierra 

Club, and Our Children’s Earth 

Foundation, pertaining to such alleged 

violations of the Clean Air Act. Pursuant 

to the proposed Consent Decree, TVA 

will perform substantially the same 

relief as required by the Compliance 

Agreement. Neither the CAFO nor the 

Consent Decree are subject to this notice 

for public comment. EPA is only 

requesting public comment regarding 

the Compliance Agreement, Docket No. 

CAA–04–2010–1760. 

EPA alleges that TVA violated the 

Prevention of Significant Deterioration, 

Nonattainment New Source Review, 

New Source Performance Standards, 

and Title V provisions of the Clean Air 


srobinson on DSKHWCL6B1PROD with NOTICES
22096 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices 

Act, 42 U.S.C. 7470–7492, 7501–7515, 

7411, 7661–7661f, and related state and 

federal implementing regulations at the 

following coal-fired power plants: The 

Allen Fossil Plant located in Shelby 

County, Memphis, Tennessee; the Bull 

Run Fossil Plant, located in Anderson 

County, Clinton, Tennessee; the Colbert 

Fossil Plant, located in Colbert County, 

Tuscumbia, Alabama; the Cumberland 

Fossil Plant, located in Stewart County, 

Cumberland City, Tennessee; the John 

Sevier Fossil Plant, located in Hawkins 

County, Rogersville, Tennessee; the 

Kingston Fossil Plant, located in Roane 

County, Kingston, Tennessee; the 

Paradise Fossil Plant, located in 

Muhlenburg County, Drakesboro, 

Kentucky; and the Shawnee Fossil 

Plant, located in McCracken County, 

Paducah, Kentucky. 

The alleged violations arise from the 

construction of modifications at units at 

these plants and operation of such units 

in violation of the requirements of the 

Act. EPA alleges that TVA failed to 

obtain appropriate permits prior to 

making major modifications and failed 

to install and apply required pollution 

control devices to reduce emissions of 

various air pollutants from units at the 

plants identified above. The CAFO 

assesses a civil penalty of $8 million to 

resolve these alleged violations. In 

addition to the $8 million proposed 

civil penalty TVA will pay to EPA, 

pursuant to the Consent Decree TVA 

will pay $500,000 to Alabama, $500,000 

to Kentucky, and $1 million to 

Tennessee to resolve alleged violations 

of the Clean Air Act and related state 

and federal implementing regulations. 

The Compliance Agreement addresses 

units at the eight plants identified above 

as well units at the following three 

plants that were not alleged to be in 

violation of the Clean Air Act or related 

state and federal implementing 

regulations: the Gallatin Fossil Plant 

located in Sumner County, Gallatin, 

Tennessee; the Johnsonville Fossil Plant 

located in Humphreys County, near 

Waverly, Tennessee; and the Widows 

Creek Fossil Plant located in Jackson 

County, near Stevenson, Alabama. The 

Compliance Agreement requires 

installation, upgrading, and continuous 

operation of pollution control devices 

on a number of the 59 units at the 11 

plants addressed in this Compliance 

Agreement. The Compliance Agreement 

also requires TVA to permanently shut 

down and cease to operate two units at 

the John Sevier plant, six units at the 

Widows Creek plant, and all ten units 

at the Johnsonville plant. Further, the 

Compliance Agreement imposes 

emissions caps that limit the total 

amount of nitrogen oxides and sulfur 

dioxide that can be collectively emitted 

by all 59 units at these plants. And, the 

Compliance Agreement imposes 

obligations that will reduce emissions of 

particulate matter. 

The Compliance Agreement requires 

TVA to spend $290 million for 

environmental mitigation projects in its 

service territory to mitigate the alleged 

adverse effects of its past alleged 

violations. Pursuant to the Consent 

Decree, TVA will fund an additional 

$60 million in environmental mitigation 

projects in Alabama, Kentucky, North 

Carolina, and Tennessee. 

Dated: April 15, 2011. 

Adam M. Kushner, 

Director, Office of Civil Enforcement. 

[FR Doc. 2011–9581 Filed 4–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0792; FRL–8855–8] 

Federal Plan for Certification of 

Applicators of Restricted Use 

Pesticides Within EPA Region 8 Indian 

Country; Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is announcing its 

intention to implement a Federal 

program to certify applicators of 

restricted use pesticides in areas of 

Region 8 Indian country. The program 

will be administered by EPA Region 8 

(EPA R8) located in Denver, Colorado. 

EPA is soliciting comments on EPA’s 

intent to implement a Federal 

certification program in areas of R8 

Indian country where no other EPAapproved plan applies and on its 

Proposed Federal Plan for Certification 

of Applicators of Restricted Use 

Pesticides within EPA Region 8 Indian 

Country (Plan). A separate proposal and 

public comment period for a Federal 

certification plan to address use of 

restricted use pesticides in Indian 

country outside R8 is forthcoming. 

DATES: Comments must be received on 

or before June 6, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0792, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket EPA–HQ–OPP–2010–0792. 

EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes 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 regulations.gov or 

e-mail. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. 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 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 


srobinson on DSKHWCL6B1PROD with NOTICES