82392 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices 

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. 

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: December 23, 2010. 

Patricia A. Embrey, 

Acting Associate General Counsel. 

[FR Doc. 2010–32929 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9246–1] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Settlement 

Agreement; 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 

settlement agreement between the 

following groups of Petitioners: (1) The 

States of New York, California, 

Connecticut, Delaware, Maine, New 

Mexico, Oregon, Rhode Island, 

Vermont, and Washington, the 

Commonwealth of Massachusetts, the 

District of Columbia, and the City of 

New York (collectively ‘‘State 

Petitioners’’); and (2) Natural Resources 

Defense Council, Sierra Club, and 

Environmental Defense Fund 

(collectively ‘‘Environmental 

Petitioners’’), and Respondent, the U.S. 

Environmental Protection Agency 

(‘‘EPA’’) (collectively ‘‘the Parties’’). This 

proposed settlement is intended to 

resolve threatened litigation over the 

EPA’s failure to respond to United 

States Court of Appeals for the District 

of Columbia Circuit’s remand in State of 

New York, et al. v. EPA, No. 06–1322. 

Under the terms of the proposed 

settlement agreement deadlines have 

been established for EPA to take action. 

DATES: Written comments on the 

proposed settlement agreements must be 

received by January 31, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–1057, 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: 

Elliott Zenick, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–1822; fax number (202) 564–5603; 

e-mail address: zenick.elliott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreements 

EPA published a final action entitled 

‘‘Standards of Performance for Electric 

Utility Steam Generating Units, 

Industrial-Commercial-Institutional 

Steam Generating Units, and Small 

Industrial-Commercial-Institutional 

Steam Generating Units,’’ 71 FR 9866 

(Feb. 27, 2006) (the ‘‘Final Rule’’), which 

included amendments to the standards 

of performance for electric utility steam 

generating units subject to 40 CFR part 

60, subpart Da (‘‘EGUs’’) but did not 

establish standards of performance for 

greenhouse gas (‘‘GHG’’) emissions. The 

State and Environmental Petitioners 

filed petitions for judicial review of the 

Final Rule under the CAA Section 111, 

42 U.S.C. 7411, contending, inter alia, 

that the Final Rule was required to 

include standards of performance for 

GHG emissions from EGUs. The 

portions of State and Environmental 

Petitioners’ petitions for review of the 

Final Rule that related to GHG 

emissions were severed from other 

petitions for review of the Final Rule, 

and were formerly pending before the 

United States Court of Appeals for the 

District of Columbia Circuit (the 

‘‘Court’’) under the caption State of New 

York, et al. v. EPA, No. 06–1322. 

Following the Supreme Court’s decision 

in Massachusetts v. EPA, 549 U.S. 497 

(2007), EPA requested remand of the 

Final Rule to EPA for further 

consideration of the issues related to 

GHG emissions in light of that decision 

and the Court remanded the Final Rule 

to EPA for further proceedings. The 

State Petitioners submitted letters to 

EPA dated June 16, 2008 and August 4, 

2009 inquiring as to the status of EPA’s 

action on the remand and stating their 

position that EPA had a legal obligation 

to act promptly to comply with the 

requirements of Section 111. The 

Environmental Petitioners submitted a 

letter to EPA on August 20, 2010 

seeking commitments to rulemaking on 

GHG emissions from EGUs as a means 

of avoiding further litigation. These 

letters are included in the docket for 

this notice. 

Under the proposed settlement 

agreement, EPA will sign by July 26, 

2011, and will transmit to the Office of 

the Federal Register within five business 

days, a proposed rule under section 

111(b) that includes standards of 

performance for GHGs for new and 

modified EGUs that are subject to 40 

CFR part 60, subpart Da. EPA will also 

sign by July 26, 2011, and will transmit 

to the Office of the Federal Register 

within five business days, a proposed 

rule under section 111(d) that includes 

emissions guidelines for GHGs from 

existing EGUs that would have been 

subject to 40 CFR part 60, subpart Da if 

they were new sources. Under the 

proposed settlement agreement EPA 

will take final action with respect to the 

proposed rule no later than May 26, 

2012. The proposed settlement 

agreement provides that EPA’s 

fulfillment of its obligations under the 

agreement shall result in a full and final 

release of any claims that State and 

Environmental Petitioners may have 

under any provision of law to compel 

EPA to respond to the Court’s Remand 

Order with respect to GHG emissions 

from EGUs. 

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 

settlement agreement from persons who 

were not named as parties or 

intervenors to the litigation in question. 

EPA or the Department of Justice may 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices 82393 

withdraw or withhold consent to the 

proposed settlement agreement 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 settlement 

agreement should be withdrawn, the 

terms of the agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement 

A. How can I get a copy of the 

settlement agreement? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2010–1057) contains a 

copy of the proposed settlement 

agreement. 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 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, 

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: December 23, 2010. 

Patricia A. Embrey, 

Acting Associate General Counsel. 

[FR Doc. 2010–32935 Filed 12–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted for 

Review and Approval to the Office of 

Management and Budget (OMB), 

Comments Requested 

December 21, 2010. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burden and as 

required by the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3501– 

3520), the Federal Communications 

Commission invites the general public 

and other Federal agencies to comment 

on the following information collection. 

Comments are requested concerning: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and (e) ways to 

further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid OMB control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid OMB control 

number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before January 31, 2011. 

If you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or the Internet at 

Nicholas_A._Fraser@omb.eop.gov; and 

to the Federal Communications 

Commission’s PRA mailbox (e-mail 

address: PRA@fcc.gov.). Include in the 

e-mail the OMB control number of the 

collection as shown in the 

SUPPLEMENTARY INFORMATION section 

below, or if there is no OMB control 

number, include the Title as shown in 

the SUPPLEMENTARY INFORMATION section. 


jlentini on DSKJ8SOYB1PROD with NOTICES