74046 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 

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 http:// 

www.regulations.gov or 

superfund.docket@epa.gov. The http:// 

www.regulations.gov website 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 EPA Docket Center—Public Reading 

Room, EPA/DC, EPA West, Room 3334; 

1301 Constitution Ave., NW., 

Washington, DC. The 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 Superfund docket is (202) 566–0276. 

FOR FURTHER INFORMATION CONTACT: 

Chip Love, phone: (703) 603–0695, email: love.chip@epa.gov, Construction 

and Post Construction Management 

Branch, Assessment and Remediation 

Division, Office of Superfund 

Remediation and Technology 

Innovation (mail code 5204P), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: EPA’s 

interim final guidance on Institutional 

Controls: A Guide to Planning, 

Implementing, Maintaining, and 

Enforcing Institutional Controls at 

Contaminated Sites addresses some of 

the common issues that may be 

encountered during the cleanup process 

and provides recommendations on how 

ICs can complement other response 

actions (such as engineered response 

action components) at a site. This 

interim final guidance also provides an 

overview of EPA’s policy regarding the 

roles and responsibilities of the parties 

involved in the various aspects of 

planning, implementing, maintaining, 

and enforcing institutional controls. The 

guidance is available at http:// 

www.regulations.gov. This guidance 

does not represent a regulation, and is 

not subject to the formal provisions of 

the Administrative Procedures Act. 

However, EPA recognizes the potential 

importance of this guidance to its 

Federal, state, local, and tribal partners, 

to the regulated community, and to the 

public, and therefore through this 

Federal Register notice seeks public 

input on the topics addressed in this 

interim final guidance and its 

implementation. This public input 

opportunity will be available until 

January 14, 2011. 

EPA intends to evaluate whether any 

changes to the interim final guidance 

are appropriate and expects to issue a 

final version of this guidance. For 

purposes of this Federal Register notice, 

EPA in particular seeks input on the 

following: 

• Are there ways EPA can better 

evaluate the capacity, willingness, and 

financial assurance of state, tribal and 

local governments to assist with ICs and 

engineering controls when such controls 

are necessary at a site? 

• What potential barriers exist with 

respect to state, local, and tribal 

government involvement with ICs and 

what tools or possible solutions could 

EPA promote to improve the awareness 

of and involvement in IC activities? 

• How can site managers better 

engage and involve affected community 

stakeholders and local land use 

decision-makers concerning ICs that 

may be needed and relied upon to 

complement other response actions (i.e., 

engineered response action 

components) at cleanup sites? 

• How can information concerning 

ICs and the underlying land and/or 

resource use restrictions be made more 

available to local land use decisionmakers? 

• How can EPA better identify and 

account for the full life cycle costs of 

ICs? 

EPA intends to accept input on the 

interim final guidance until January 14, 

2011. EPA also intends to fully consider 

all public input in evaluating whether 

changes to the interim final guidance 

are appropriate, and to issue a final 

version of this guidance. 

Dated: November 23, 2010. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2010–30111 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9234–1] 

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, to address a lawsuit filed by 

WildEarth Guardians: WildEarth 

Guardians v. Jackson, Civil Action No. 

1:10–cv–01672–RPM (D. CO). On or 

about July 14, 2010, WildEarth 

Guardians filed a complaint alleging 

that EPA Administrator Jackson failed to 

fulfill a mandatory duty to respond to 

an administrative petition to object to 

issuance of air permit No. 96OPMR129 

to the Public Service Company of 

Colorado doing business as Xcel Energy 

to operate the Pawnee coal-fired power 

plant in Morgan County, Colorado (the 

‘‘Pawnee Petition’’) within the 60 days 

specified in section 505(b)(2) of the 

Clean Air Act and asking the court to 

enter judgment: (i) Declaring that EPA 

has violated the Clean Air Act by failing 

to grant or deny the administrative 

petition; and, (ii) Ordering EPA to grant 

or deny the administrative petition in 

accordance with an expeditious 

schedule prescribed by the Court. On 

September 1, 2010, WildEarth 

Guardians filed a first amended 

complaint alleging that EPA 

Administrator Jackson failed to fulfill a 

mandatory duty to respond to 

administrative petitions to object to the 

issuance of air permit No. 96OPAD137 

to Xcel Energy to operate the Cherokee 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 74047 

coal-fired power plant in Denver, 

Colorado (the ‘‘Cherokee Petition’’) and 

air permit No. 960PBO131 to Xcel 

Energy to operate the Valmont coal-fired 

power plant in Boulder County, 

Colorado (the ‘‘Valmont Petition’’). 

Under the terms of the proposed 

consent decree, EPA agrees to: (i) Sign 

a response to the Pawnee Petition no 

later than June 30, 2011; (ii) sign a 

response to the Valmont Petition no 

later than September 30, 2011; and, (iii) 

sign a response to the Cherokee Petition 

no later than October 31, 2011. 

DATES: Written comments on the 

proposed consent decree must be 

received by December 30, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0984, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; by mail 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 3334, 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 Word 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: 

Richard H. Vetter, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (919) 

541–2127; fax number (919) 541–4991; 

e-mail address: vetter.rick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

On or about July 14, 2010, WildEarth 

Guardians, a non-profit conservation 

organization, filed a complaint in the 

United States District Court for the 

District of Colorado (Civil Action No. 

1:10-cv-01672–RPM). In the complaint, 

WildEarth Guardians alleges that EPA 

has failed to fulfill a mandatory duty to 

respond to an administrative petition to 

object to issuance of air permit No. 

96OPMR129 to the Colorado Public 

Service Company, doing business as 

Xcel Energy for the Pawnee coal-fired 

power plant in Morgan County, 

Colorado (the ‘‘Pawnee Petition’’) within 

the 60 days specified in section 

505(b)(2) of the Clean Air Act. On 

September 1, 2010, WildEarth Guardian 

filed a first amended complaint alleging 

that EPA Administrator Jackson failed to 

fulfill a mandatory duty to respond to 

administrative petitions to object to the 

issuance of air permit No. 960PAD137 

to Xcel Energy to operate the Cherokee 

coal-fired power plant in Denver, 

Colorado (the ‘‘Cherokee Petition’’) and 

air permit No. 960PBO131 to Xcel 

Energy to operate the Valmont coal-fired 

power plant in Boulder County, 

Colorado (the ‘‘Valmont Petition’’) 

within the 60 days specified in section 

505(b)(2) of the Clean Air Act. 

The EPA and WildEarth Guardians 

chose to enter into a proposed consent 

decree to avoid protracted and costly 

litigation and to preserve judicial 

resources. Under the terms of the 

proposed consent decree, EPA is to: (i) 

Sign a response to the Pawnee Petition 

no later than June 30, 2011; (ii) sign a 

response to the Valmont Petition no 

later than September 30, 2011; and, (iii) 

sign a response to the Cherokee Petition 

no later than October 31, 2011. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the proposed 

consent decree from persons who were 

not named as parties or intervenors 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 Clean Air 

Act. Unless EPA or the Department of 

Justice determines 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? 

Direct your comments to the official 

public docket for this action under 

Docket ID No. EPA–HQ–OGC–2010– 

0984 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 3334, 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 http:// 

www.regulations.gov. You may use the 

http://www.regulations.gov 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, key in the appropriate docket 

identification number, then select 

‘‘search.’’ 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or on paper, 

will be made available for public 

viewing online at http:// 

www.regulations.gov 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 the 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 

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, 


jdjones on DSK8KYBLC1PROD with NOTICES
74048 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 

EPA may not be able to consider your 

comment. 

Use of the http://www.regulations.gov 

Web site 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 http://www.regulations.gov, 

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: November 23, 2010. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2010–30106 Filed 11–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9234–5] 

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 

(‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 7413(g), 

notice is hereby given of a proposed 

consent decree to address a lawsuit filed 

by Sierra Club and Kentucky 

Environmental Foundation (collectively 

‘‘Plaintiffs’’) in the United States District 

Court for the District of Columbia: 

Sierra Club, et al. v. Jackson, No. 10–cv– 

00889–CKK (D. DC). On May 26, 2010, 

Plaintiffs filed a complaint alleging that 

EPA failed to perform nondiscretionary 

duties, under section 110(k)(2) of the 

CAA, 42 U.S.C. 7410(k)(2), to take 

action on certain State Implementation 

Plan (‘‘SIP’’) submittals by the State of 

Kentucky. The proposed consent decree 

establishes deadlines for EPA to take 

action. 

DATES: Written comments on the 

proposed consent decree must be 

received by December 30, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0956, online at 

http://www.regulations.gov (EPA’s 

preferred method); by e-mail to 

oei.docket@epa.gov; by mail 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 3334, 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 Word 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: 

Winifred Okoye, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5446; fax number (202) 564–5603; 

e-mail address: okoye.winifred@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit seeking to compel 

action by the Administrator to take final 

action under section 110(k) of the CAA 

on certain Kentucky SIP submissions. 

The proposed consent decree requires 

EPA, on or before April 15, 2011, to sign 

and thereafter forward within fifteen 

(15) business days to the Office of 

Federal Register for review and 

publication a notice of final action on 

the Commonwealth of Kentucky’s May 

27, 2008 SIP submittals titled as follows: 

(a) Ozone maintenance plan SIP 

revision for a portion of Greenup 

County located within the Kentucky 

portion of the Huntington-Ashland 

8-hour ozone 110(a)(1) maintenance 

area; (b) the Edmonson County 8-hour 

ozone 110(a)(1) maintenance area; and 

(c) the Lexington 8-hour ozone 110(a)(1) 

maintenance area (Fayette and Scott 

Counties). 

The proposed consent decree also 

requires EPA, on or before March 15, 

2012, to sign and thereafter forward 

within fifteen (15) days to the Office of 

Federal Register for review and 

publication a notice of final action on 

the Commonwealth of Kentucky’s June 

25, 2008 SIP submittal of a Regional 

Haze State Implementation Plan. 

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 intervenors 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 

determines that consent to this 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? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2010–0956) contains a 

copy of the proposed 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 3334, 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 http:// 

www.regulations.gov. You may use 

http://www.regulations.gov 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, key in the appropriate docket 

identification number then select 

‘‘search’’. 

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 online at http:// 

www.regulations.gov 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 the 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 


jdjones on DSK8KYBLC1PROD with NOTICES