50794 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 

August 30, 1999, and small MWC units 

commencing reconstruction or 

modification after June 6, 2001, that 

combust greater than 35 tons per day 

(tpd) but less than 250 tpd of municipal 

solid waste. This information collection 

is required as a result of the 

implementation of the New Source 

Performance Standards developed 

under the authority of sections 111 and 

129 of the Clean Air Act. The 

regulations require initial notifications, 

performance tests, and periodic reports. 

Owners or operators also are required to 

maintain records of the occurrence and 

duration of any startup, shutdown, or 

malfunction in the operation of an 

affected facility or any period during 

which the monitoring system is 

inoperative. Owners and operators of 

small MWCs are required to measure, 

record, and report emission rates and 

operating parameters, follow good 

combustion practices, and submit a 

siting analysis. Owners or operators 

subject to these regulations are required 

to maintain records of measurements 

and reports for at least five years. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 1,108 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: Small 

Municipal Waste Combustors. 

Estimated Number of Respondents: 2. 

Frequency of Response: Initially, 

semiannually, annually, and on 

occasion. 

Estimated Total Annual Hour Burden: 

9,975. 

Estimated Total Annual Cost: 

$1,087,204, which includes $938,068 in 

labor costs, $66,000 in capital/start-up 

costs, and operation and maintenance 

costs of $83,136. 

Changes in the Estimates: The 

adjustment decrease in burden from the 

most recently approved ICR is an 

adjustment due to a decrease in the 

number of respondents, from three to 

two. 

Dated: September 26, 2009. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. E9–23692 Filed 9–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[A–1–FRL–8964–3] 

Notice of Prevention of Significant 

Deterioration; Final Determination for 

Dominion Energy Brayton Point, 

Somerset, MA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final action. 

SUMMARY: This notice announces that on 

May 13, 2009, the Environmental 

Appeals Board (‘‘EAB’’) of EPA denied 

review of the petition for review of a 

Prevention of Significant Deterioration 

(‘‘PSD’’) permit (‘‘Permit’’) that EPA 

New England issued to Dominion 

Energy Brayton Point, LLC 

(‘‘Dominion’’). The Permit was issued 

pursuant to the PSD regulations under 

40 CFR 52.21. 

DATES: The effective date of the EAB’s 

decision, and the Permit, is May 13, 

2009. Pursuant to Section 307(b)(1) of 

the Clean Air Act (‘‘CAA’’), 42 U.S.C. 

7607(b)(1), judicial review of this permit 

decision, to the extent it is available, 

may be sought by filing a petition for 

review in the United States Court of 

Appeals for the First Circuit within 

November 30, 2009. 

ADDRESSES: The relevant documents for 

the Permit are available for public 

inspection during normal business 

hours at the following address: U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Boston, MA 02114– 

2023. To arrange viewing of these 

documents, contact Donald Dahl at 

(617) 918–1657 or 

dahl.donald@epa.gov. The Permit is 

also available at http://www.epa.gov/ 

NE/communities/pdf/braytonpoint/ 

CoolingTowerPermit.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (mail code CAP), Boston, MA 

02114–2023. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

I. What Action Is EPA Taking? 

II. What Is the Background Information? 

III. What Did the EAB Decide? 

I. What Action Is EPA Taking? 

We are notifying the public of a final 

decision by the EAB on the Permit 

issued by EPA New England pursuant to 

the PSD regulations found at 40 CFR 

52.21. 

II. What Is the Background 

Information? 

Dominion operates an existing coalfired electric generating station in 

Somerset, Massachusetts. In March 

2003, Massachusetts ended its 

agreement with EPA to implement the 

PSD program. Based on this action and 

since Massachusetts did not 

subsequently request PSD delegation, 

EPA is currently the PSD permitting 

authority within Massachusetts. 

Dominion submitted a PSD 

application to EPA New England 

requesting approval to construct and 

operate two new cooling water towers at 

its facility in Somerset, Massachusetts. 

After consideration of the PSD 

application, EPA New England issued 

the draft Permit on January 28, 2009, for 

public review and comment. On April 2, 

2009, after providing an opportunity for 

public comment and a public hearing on 

March 2, 2009, EPA issued the final 

Permit. The Permit limits particulate 

matter of 10 microns or less in size and 

particulate matter of 2.5 microns or less 

in size from each cooling water towers 

to 1,066 pounds per day. Subsequent to 

the issuance of the revised Permit, the 

EAB received a petition requesting 

review of the Permit. The EAB denied 

review of the petition. 

III. What Did the EAB Decide? 

The petition, which was filed by 

Bristol County Broadcasting, 

Incorporated, argued that the cooling 

water towers would have a significant 

adverse affect on the petitioner’s AM 

radio transmissions. The EAB denied 

review of this petition on two points. 

First, the petition did not challenge any 

provision of the Permit governing air 

emissions of regulated pollutants. 

Second, the petitioner did not 

participate in the permitting process 

during the public comment period for 

the Permit. Readers interested in more 

detail on the appeal issues raised by the 

petitioner and the reasons for the EAB’s 

denial of review may download EAB’s 

Order Denying Review from the EAB 

Web site at http://www.epa.gov/eab. 

Pursuant to 40 CFR 124.19(f)(1), for 

purposes of judicial review, final agency 

action occurs when a final PSD permit 

is issued and agency review procedures 


PWALKER on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 50795 

are exhausted. This notice is being 

published pursuant to 40 CFR 

124.19(f)(2), which requires notice of 

any final agency action regarding a PSD 

permit to be published in the Federal 

Register. This notice constitutes notice 

of the final agency action denying 

review of the revised Permit and, 

consequently, notice of EPA New 

England’s issuance of the Permit (PSD 

Permit No. 052–120–MA14) to 

Dominion. If available, judicial review 

of these determinations under section 

307(b)(1) of the CAA may be sought 

only by the filing of a petition for review 

in the United States Court of Appeals 

for the First Circuit, within 60 days from 

the date on which this notice is 

published in the Federal Register. 

Under section 307(b)(2) of the CAA, this 

determination shall not be subject to 

later judicial review in any civil or 

criminal proceedings for enforcement. 

Dated: August 5, 2009. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

[FR Doc. E9–23634 Filed 9–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8964–5] 

Proposed Administrative Cost 

Recovery Agreement Pursuant to 

Section 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) for the Merrill Meyers 

Site, Wells County, IN 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice and request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of CERCLA, 42 U.S.C. 9622(i), 

notification is hereby given of a 

proposed administrative settlement 

agreement regarding partial recovery of 

costs incurred by EPA in implementing 

a removal action at the Merrill Meyers 

[sic] Site, Petroleum, in Wells County, 

Indiana. EPA proposes to enter into this 

agreement under the authority of 

Sections 107 and 122(h) of CERCLA, 42 

U.S.C. 9607 and 9622(h). The proposed 

agreement has been executed by Merrill 

A. and Janice A. Myers, residing in 

Petroleum, Indiana. Under the proposed 

agreement, the Myers will pay 

$174,706.67 to reimburse the Superfund 

for part of the $228,831.93 in costs 

incurred by EPA in implementing the 

removal action. For thirty days 

following the date of publication of this 

notice, EPA will receive written 

comments relating to the proposed 

agreement. EPA will consider all 

comments received and may decide not 

to enter into the proposed agreement if 

comments disclose facts or 

considerations which indicate that the 

agreement is inappropriate, improper or 

inadequate. 

DATES: Comments on the proposed 

agreement must be received by EPA on 

or before November 2, 2009. 

ADDRESSES: Comments should be 

addressed to the Docket Clerk, U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604–3590, and 

should refer to: In the Matter of Merrill 

Meyers Site, EPA Docket No. V–W–‘09– 

C–936. 

FOR FURTHER INFORMATION CONTACT: 

Cathleen R. Martwick, Associate 

Regional Counsel, by mail at: U.S. 

Environmental Protection Agency, 

Office of Regional Counsel (C–14J), 77 

West Jackson Boulevard, Chicago, 

Illinois 60604–3590, or by phone at: 

(312) 886–7166. A copy of the proposed 

administrative settlement agreement 

may be obtained in person or by mail 

from the EPA’s Region 5 Office of 

Regional Counsel, 77 West Jackson 

Boulevard, Chicago, Illinois 60604– 

3590. Additional background 

information relating to the settlement is 

available for review at the EPA’s Region 

5 Office of Regional Counsel. 

Authority: The Comprehensive 

Environmental Response, Compensation, and 

Liability Act, as amended, 42 U.S.C. 9601– 

9675. 

Dated: September 18, 2009. 

Douglas Ballotti, 

Acting Director, Superfund Division, 

Region 5. 

[FR Doc. E9–23689 Filed 9–30–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8957–8] 

Proposed CERCLA Administrative 

Cost Recovery Settlement; Dutch Boy 

Site, Chicago, IL 

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, as 

amended (CERCLA), 42 U.S.C. 9622(i), 

notice is hereby given of a proposed 

administrative settlement for recovery of 

past response costs concerning the 

Dutch Boy Site in Chicago, Illinois with 

the following settling party: NL 

Industries, Inc. The settlement requires 

the settling party to reimburse the EPA 

Hazardous Substance Superfund 

$165,709.61. The settlement includes a 

covenant not to sue the settling party 

pursuant to Section 107(a) of CERCLA, 

42 U.S.C. 9607(a). For thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the settlement. 

The Agency will consider all comments 

received and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations, which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at the EPA Record 

Center, Room 714, EPA, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604 and the Chicago Public Library, 

Pullman Branch, 11001 South Indiana 

Avenue, Chicago, Illinois 60628. 

DATES: Comments must be submitted to 

EPA on or before November 2, 2009. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 

EPA Record Center, Room 714, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604 and the Chicago Public Library, 

Pullman Branch, 11001 South Indiana 

Avenue, Chicago, Illinois 60628. A copy 

of the proposed settlement may be 

obtained from the EPA Record Center, 

Room 714, EPA, 77 West Jackson 

Boulevard, Chicago, Illinois 60604 or by 

calling (312) 353–5821. Comments 

should reference the Dutch Boy Site 

located in Chicago, Illinois and should 

be addressed to Christine Liszewski, 

EPA, Office of Regional Counsel (C–14J), 

77 West Jackson Boulevard, Chicago, 

Illinois 60604 or 

liszewski.christine@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Christine Liszewski, EPA, Office of 

Regional Counsel (C–14J) at 77 West 

Jackson Boulevard, Chicago, IL 60604 or 

at (312) 886–4670 or via e-mail at 

liszewski.christine@epa.gov. 

Dated: September 3, 2009. 

Richard C. Karl, 

Director, Superfund Division, Region 5, U.S. 

Environmental Protection Agency. 

[FR Doc. E9–23690 Filed 9–30–09; 8:45 am] 

BILLING CODE 6560–50–P 


PWALKER on DSK8KYBLC1PROD with NOTICES