41130 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 

result in reduced adverse effects from 

motorized routes. 

EIS No. 20090204, ERP No. F–AFS– 

J65523–00, Sioux Ranger District 

Travel Management Project, To 

Designate the Road and Trail and 

Areas Suitable for Public Motorized 

Travel, Sioux Ranger District, Custer 

National Forest, Carter County of MT 

and Harding County of SD. 

Summary: EPA supported the 

preferred alternative, since it would 

result in reduced adverse effects from 

motorized routes. 

EIS No. 20090215, ERP No. F–AFS– 

J65534–MT, Miller West Fisher 

Project, Proposes Land Management 

Activities, including Timber Harvest, 

Access Management, Road Storage 

and Decommissioning, Prescribed 

Burning and Precommercial 

Thinning, Miller Creek, West Fisher 

Creek and the Silver Butte Fisher 

River, Libby Ranger District, Kootenai 

National Forest, Lincoln County, MT. 

Summary: EPA expressed 

environmental concerns about erosion 

and sediment production/transport and 

associated water quality impacts during 

logging activities. 

EIS No. 20090219, ERP No. F–USA– 

E11069–GA, Maneuver Center of 

Excellence at Fort Benning Project, 

Proposed Community Services, 

Personnel Support, Classroom 

Barracks, and Dining Facilities would 

be Constructed in three of the four 

Cantonment Areas, Fort Benning, GA. 

Summary: EPA expressed 

environmental concerns about impacts 

to aquatic habitats, water resources, and 

wetlands. 

Dated: August 11, 2009. 

Kenneth Mittelholtz, 

Deputy Director, NEPA Compliance Division, 

Office of Federal Activities. 

[FR Doc. E9–19502 Filed 8–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8945–9] 

Proposed Amendment to 

Administrative Order on Consent, 

Index No. CERCLA–02–2001–2020, 

Containing a Covenant Not To Sue 

Under CERCLA Section 122(h), 

Shenandoah Road Groundwater 

Contamination Superfund Site, East 

Fishkill, New York 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (‘‘CERCLA’’), 42 

U.S.C. 9622(i), notice is hereby given of 

a proposed settlement embodied in an 

amendment to an Administrative Order 

on Consent, Index No. CERCLA–02– 

2001–2020 (‘‘Order’’). The Order was 

issued to the International Business 

Machines Corporation (‘‘IBM’’) in 

connection with the Shenandoah Road 

Groundwater Contamination Superfund 

Site, East Fishkill, Dutchess County, 

New York (‘‘Site’’). The amendment to 

the Order was signed by the U.S. 

Environmental Protection Agency 

(‘‘EPA’’ or the ‘‘Agency’’) on June 15, 

2009, and contains a covenant not to sue 

under Section 122(h) of CERCLA, 42 

U.S.C. 9622(h). Under the proposed 

amendment, EPA is covenanting not to 

sue IBM for $50,000 of response costs, 

conditioned upon IBM’s assistance to 

the Town of East Fishkill in acquiring 

waterline easements to properties at the 

Site, and upon IBM’s performance of its 

obligations under the Order, including 

construction of an alternate water 

supply. For thirty (30) days following 

the date of publication of this notice, 

EPA will receive written comments 

relating to the amendment. EPA will 

consider all comments received and 

may modify or withdraw its consent to 

the covenant not to sue if comments 

received disclose facts or considerations 

that indicate that the proposed covenant 

not to sue is inappropriate, improper, or 

inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at EPA, Region 2, 

290 Broadway, New York, New York 

10007–1866. 

DATES: Comments must be submitted on 

or before September 14, 2009. 

ADDRESSES: The amendment is available 

for public inspection at the United 

States Environmental Protection 

Agency, 290 Broadway, New York, New 

York 10007–1866. Comments should 

reference the Shenandoah Road 

Groundwater Contamination Superfund 

Site, East Fishkill, Dutchess County, 

New York, Index No. CERCLA–02– 

2001–2020. To request a copy of the 

amendment, please contact the 

individual identified below. 

FOR FURTHER INFORMATION CONTACT: 

Carol Y. Berns, Assistant Regional 

Counsel, New York/Caribbean 

Superfund Branch, Office of Regional 

Counsel, U.S. Environmental Protection 

Agency, 17th Floor, 290 Broadway, New 

York, New York 10007–1866. 

Telephone: 212–637–3177. 

Dated: July 31, 2009. 

John S. Frisco, 

Acting Director, Emergency and Remedial 

Response Division, EPA, Region 2. 

[FR Doc. E9–19536 Filed 8–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8945–7] 

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 ‘‘Act’’), 42 U.S.C. 7413(g), 

notice is hereby given of a proposed 

consent decree to address a lawsuit filed 

by Sierra Club (‘‘Plaintiff’’) in the 

United States District Court for the 

Western District of Wisconsin: Sierra 

Club v. Jackson, No.3:09-cv-00122-slc 

(W.D. WI). Sierra Club filed a deadline 

suit to compel the Administrator to 

respond to an administrative petition 

seeking EPA’s objection to a CAA Title 

V operating permit issued by the 

Wisconsin Department of Natural 

Resources to Wisconsin Power & Light 

Company’s Columbia Generating Station 

(‘‘CGS’’), near Pardeeville, Wisconsin. 

Under the terms of the proposed 

consent decree, EPA has agreed to 

respond to the petition by September 

18, 2009, or within 20 days of the entry 

date of this Consent Decree, whichever 

date is later. 

DATES: Written comments on the 

proposed consent decree must be 

received by September 14, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0604, 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 41131 

FOR FURTHER INFORMATION CONTACT: John 

Rowland, Office of General Counsel 

(Mail Code 2344A), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone: (202) 564–5467; fax number 

(202) 564–5603; e-mail address: 

rowland.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit seeking a response to 

an administrative petition to object to a 

CAA Title V permit issued by the 

Wisconsin Department of Natural 

Resources to Wisconsin Power & Light 

Company’s Columbia Generating Station 

(‘‘CGS’’) near Pardeeville, Wisconsin. 

Under the proposed consent decree, 

EPA has agreed to respond to the 

petition by September 18, 2009, or 

within 20 days of the entry date of this 

Consent Decree, whichever date is later. 

The proposed consent decree further 

states that within 15 days following 

signature of such response, EPA shall 

deliver notice of such action on the 

petition to the Office of the Federal 

Register for prompt publication and, if 

EPA’s response contains an objection in 

whole or in part, transmit the signed 

response to the Wisconsin Department 

of Natural Resources. The proposed 

consent decree sets the attorneys’ fees at 

$2,057.54. 

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–2009–0604) 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 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, 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 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: August 7, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–19506 Filed 8–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Radio Broadcasting Services; AM or 

FM Proposals To Change the 

Community of License 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The following applicants filed 

AM or FM proposals to change the 

community of license: AGM 

CALIFORNIA, Station KGFM, Facility 

ID 36234, BPH–20090710ASB, From 

BAKERSFIELD, CA, To WASCO, CA; 

AMY MEREDITH, Station NONE, 

Facility ID 160577, BMP–20090630AFY, 

From DALHART, TX, To VEGA, TX; 

ANDERSON RADIO BROADCASTING, 

INC., Station KZXT, Facility ID 164302, 

BMPH–20080904ABB, From EUREKA, 

MT, To HUNGRY HORSE, MT; 

BRANTLEY BROADCAST 

ASSOCIATES, LLC, Station WEZZ, 

Facility ID 40900, BP–20081216BKH, 

From MONROEVILLE, AL, To 

BRANTLEY, AL; CALVARY CHAPEL 

mstockstill on DSKH9S0YB1PROD with NOTICES