61246 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 

1 Maritimes and Northeast Pipeline, L.L.C., 108 

FERC ¶ 61,087 (2004).

conditions of Subsection No. 39.3.1 of 

its Tariff. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211 and 

385.214). Protests will be considered by 

the Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed in accordance 

with the provisions of Section 154.210 

of the Commission’s regulations (18 CFR 

154.210). Anyone filing an intervention 

or protest must serve a copy of that 

document on the Applicant. Anyone 

filing an intervention or protest on or 

before the intervention or protest date 

need not serve motions to intervene or 

protests on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive email notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please email 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659.

Magalie R. Salas, 

Secretary.

[FR Doc. E4–2643 Filed 10–14–04; 8:45 am] 

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

[Docket No. ER98–855–004] 

Wisconsin Electric Power Company; 

Notice of Compliance Filing 

September 30, 2004. 

Take notice that, on September 27, 

2004, Wisconsin Electric Power 

Company (Wisconsin Electric) 

submitted a compliance filing pursuant 

to the Commission’s Order 

Implementing New Generation Market 

Power Analysis and Mitigation 

Procedures, issued on May 13, 2004, in 

Docket No. ER02–1406–001, et al.

Wisconsin Electric states that copies 

of the filing were served on parties on 

the official service list in Docket Nos. 

ER98–855–002 and 003. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211, 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

comment date. Anyone filing a motion 

to intervene or protest must serve a copy 

of that document on the Applicant and 

all parties to this proceeding. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 pm Eastern Time on 

October 18, 2004.

Linda Mitry, 

Acting Secretary.

[FR Doc. E4–2612 Filed 10–14–04; 8:45 am] 

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

[Docket No. RP04–360–000] 

Maritimes and Northeast Pipeline, 

L.L.C; Notice of Telephone Technical 

Conference 

October 6, 2004. 

In an order issued on July 29, 2004,1

the Commission directed staff to 

convene a technical conference to 

discuss Maritimes and Northeast 

Pipeline, L.L.C.’s proposed non-rate 

modifications to its tariff including, but 

not limited to, revisions to the fuel 

retainage percentage, revisions to the 

right of first refusal, and the proposed 

action alert. The technical conference 

was held on September 22, 2004.

A telephone technical conference will 

be held on Wednesday, October 13, 

2004, beginning at 10 a.m. (EST) to 

further discuss issues concerning 

Maritimes’ proposed modifications to its 

right of first refusal procedures, action 

alert, and accounting for its fuel tracker. 

The telephone number for the 

conference is 888–412–7888. The code 

is 2360313. 

All interested parties and staff are 

permitted to call in. For further 

information please contact: David 

Faerberg at (202) 502–8275 or e-mail 

david.faerberg@ferc.gov.

Magalie R. Salas, 

Secretary.

[FR Doc. E4–2614 Filed 10–14–04; 8:45 am] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7828–1] 

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’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed consent 

decree agreement, to address 

consolidated lawsuits filed by the Sierra 

Club. Sierra Club v. Leavitt, Nos. 

1:02CV00946, 1:02CV00947 and 

1:03CV02410 (D. D.C.). In May 2002 and 

November 2003, Sierra Club filed 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 61247

lawsuits against EPA claiming that EPA 

had failed to carry out mandatory duties 

imposed by sections 112(d)(6) and 

112(f)(2)(A) of the Act with respect to 

coke oven batteries and dry cleaners. 

Specifically, the complaints alleged that 

EPA had failed to determine within the 

deadlines established by the Act 

whether or not to revise technologybased standards issued for these source 

categories pursuant to sections 

112(d)(8)(A) and 112(d)(2) to adopt 

more stringent technology-based 

standards or more stringent risk-based 

standards. Under the terms of the 

proposed consent decree, by March 31, 

2005, EPA must make a final 

determination whether or not to amend 

the emission standards for coke oven 

batteries, and by April 28, 2006, EPA 

must make a final determination 

whether or not to amend the emission 

standards for dry cleaning facilities.

DATES: Written comments on the 

proposed consent decree must be 

received by November 15, 2004.

ADDRESSES: Submit your comments, 

identified by docket ID number OGC–

2004–0009, online at http://

www.epa.gov/edocket (EPA’s preferred 

method); by e-mail 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 B102, 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 

Wordperfect 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:

Steven Silverman, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. telephone: (202) 

564–5523.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree 

addresses lawsuits alleging that EPA 

failed to carry out its mandatory duties 

under section 112(d)(6) and 112(f)(2) to 

determine whether or not to revise the 

so-called MACT (‘‘maximum achievable 

control technology’’) standards for coke 

oven batteries and for dry cleaners by 

the deadlines established by the Act. 

Section 112(d)(6) requires that EPA 

periodically review and revise as 

necessary, taking into account 

developments in practices, processes, 

and control technologies, MACT 

standards issued pursuant to section 

112(d). Section 112(f)(2) requires that 

EPA evaluate on a prescribed schedule 

whether risks to human health or the 

environment remaining after 

promulgation of a MACT standard 

warrant revision of that standard. 

Under the proposed consent decree 

EPA will conduct a rulemaking to 

review, and to revise as necessary the 

existing emission standards for coke 

oven batteries. (These are MACT 

standards established pursuant to 

section 112(d)(8)(A) of the Act.) The 

rulemaking will address determinations 

under both section 112(d)(6) and 

112(f)(2). No later than March 31, 2005, 

EPA shall sign a final rule revising the 

emission standards for coke oven 

batteries or make a final determination 

that such standards are not required. 

(EPA has in fact proposed to amend the 

MACT standards for coke oven batteries 

and now is accepting comment on that 

proposal. See 69 FR 48337 (August 9, 

2004.)) 

The proposed consent decree also 

requires that EPA will conduct a 

rulemaking to review, and to revise as 

necessary the existing emission 

standards for dry cleaning facilities. 

(These are MACT standards issued 

pursuant to section 112(d)(2) of the Act.) 

The rulemaking will address 

determinations under both section 

112(d)(6) and 112(f)(2). No later than 

April 28, 2006, EPA shall sign a final 

rule revising emission standards for dry 

cleaning facilities or make a final 

determination that such standards are 

not required. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

consent decree from persons who were 

not named as parties or interveners 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 

determine, based on any comment 

which may be submitted, 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? 

EPA has established an official public 

docket for this action under Docket ID 

No. OGC–2004–0009 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 B102, 

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 EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

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 in EPA’s electronic public 

docket as EPA receives them and 

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 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in EPA’s 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 

61248 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 

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 e-mail 

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. 

Your use of EPA’s electronic public 

docket 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, e-mail 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 (e-mail) 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the Docket without going 

through EPA’s electronic public docket, 

your e-mail 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: October 1, 2004. 

Lisa K. Friedman, 

Associate General Counsel, Air and Radiation 

Law Office, Office of General Counsel.

[FR Doc. 04–23154 Filed 10–14–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–6656–6] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–7167 or http://www.epa.gov/

compliance/nepa/

Weekly receipt of Environmental Impact 

Statements Filed October 4, 2004 

Through October 8, 2004 Pursuant to 

40 CFR 1506.9.

EIS No. 040477, Final EIS, AFS, ID,

North Sheep Allotments—Sheep and 

Goat Allotment Management Plans, 

To Authorize Continued Sheep 

Grazing for Fisher Creek, Smiley 

Creek, North Fork-Boulder and Baker 

Creek Sheep and Goat Grazing 

Allotments, Sawtooth National Forest, 

Ketchum Ranger District, Sawtooth 

National Recreation Area, Blaine and 

Custer Counties, ID, Wait Period 

Ends: November 15, 2004, Contact: 

Carol Brown (208) 727–5000. 

EIS No. 040478, Draft EIS, FAA, PA,

Philadelphia International Airport 

Project, Proposed Runway 17–35 

Extension Project, Funding, NPDES 

Permit and U.S. Army COE Section 

404 Permit, Philadelphia, PA, 

Comment Period Ends: November 29, 

2004, Contact: Susan McDonald (717) 

730–2833. 

EIS No. 040479, Revised Draft EIS, JUS, 

AZ, Programmatic EIS—Office of 

Border Patrol Operational Activities 

within the Border Areas of the Tucson 

and Yuma Sectors, Expansion of 

Operations of Technology-Based 

Systems, Completion and 

Maintenance of Approved 

Infrastructure, Cochise, Pima, Santa 

Cruz, and Yuma Counties, AZ, 

Comment Period Ends: November 29, 

2004, Contact: Mark Doles (817) 886–

6499. 

EIS No. 040480, Final EIS, USA, UT,

Activities Associated with Future 

Programs at U.S. Army Dugway 

Proving Ground, Implementation, 

Tooele and Jaub Counties, UT, Wait 

Period Ends: November 15, 2004, 

Contact: Nicholas J. Cavallaro (410) 

278–1084. 

EIS No. 040481, Draft Supplement, AFS, 

AK, Emerald Bay Timber Sale, 

Implementation, Additional 

Information on the Potential Effects of 

the Project Alternatives, KetchikanMisty Fiords Ranger District, Tongass 

National Forest, AK, Comment Period 

Ends: November 29, 2004, Contact: 

John Natvig (605) 720–7710. 

EIS No. 040482, Draft EIS, FHW, PA, 

U.S. 219 Improvements Project, 

Meyersdale to Somerset, SR 6219, 

Section 020, Funding, U.S. COE 

Section 404 Permit, Somerset County, 

PA, Comment Period Ends: November 

30, 2004, Contact: James A. Cheatham 

(717) 221–3461. 

EIS No. 040483, Final EIS, FHW, MO,

MO–17 Transportation Improvement 

Project, South of Route O to South of 

Howell County Line Bridge 

Replacement with Approaches, 

Funding, U.S. COE Section 404 

Permit, Shannon, Texas, and Howell 

Counties, MO, Wait Period Ends: 

November 15, 2004, Contact: Don 

Neumann (573) 636–7104. 

EIS No. 040484, Draft EIS, NIH, TX,

Galveston National Laboratory for 

Biodefense and Emerging Infectious 

Diseases Research Facility at the 

University of Texas Medical Branch, 

Construction, Partial Funding, Grant, 

Galveston, TX, Comment Period Ends: 

December 17, 2004, Contact: Valerie 

Nottingham (301) 496–7775. 

EIS No. 040485, Draft EIS, AFS, CO,

Vail Valley Forest Health Project, 

Proposal Landscape-Scale Vegetation 

Management and Fuels Reduction, 

White River National Forest, Holy 

Cross Ranger District, Eagle County, 

C0, Comment Period Ends: November 

29, 2004, Contact: Peech Keller (970) 

468–5400.

Dated: October 12, 2004. 

Ken Mittelholtz, 

Environmental Protection Specialist, Office 

of Federal Activities.

[FR Doc. 04–23152 Filed 10–14–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–6656–7] 

Environmental Impact Statements and 

Regulations; Availability of EPA 

Comments 

Availability of EPA comments 

prepared pursuant to the Environmental 

Review Process (ERP), under Section 

309 of the Clean Air Act and Section 

102(2)(c) of the National Environmental 

Policy Act, as amended. Requests for 

copies of EPA comments can be directed 

to the Office of Federal Activities at 

(202) 564–7167. An explanation of the 

ratings assigned to draft environmental 

impact statements (EISs) was published 

in FR dated April 2, 2004 (69 FR 17403). 

Draft EISs 

ERP No. D–COE–K36140–CA Rating 

LO, Prado Basin Water Supply 

Feasibility Study, To Increase 

Conservation of Surplus Water at Prado 

Dam and Flood Control Basin, Orange 

County Water District, Orange, 

Riverside, and San Bernardino Counties, 

CA. 

Summary: EPA supports the selection 

of Alternative 2 as the preferred 

alternative and recommended 

consideration of additional mitigation 

measures for habitat impacts. 

ERP No. D–FRC–G03022–LA Rating 

EC2, Sabine Pass Liquefied Natural Gas 

(LNG) and Pipeline Project,