51192 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Notices 

Within thirty (30) months of entry of 

the consent decree, the appropriate EPA 

official will sign and promptly forward 

to the Office of Federal Register one or 

a combination of the following for each 

NSPS: (a) A final determination that 

review of the NSPS is not appropriate in 

light of readily available information on 

the efficacy of such standard; (b) a final 

determination that based on a complete 

review of the NSPS, revision is not 

appropriate; or (c) a final rule 

containing revisions to the NSPS. 

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 Act. Unless 

EPA or the Department of Justice 

determines, based on any comments 

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withdrawn, the terms of the decree will 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? 

Direct your comments to the official 

public docket for this action under 

Docket ID No. EPA–HQ–OGC–2006–

0727 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 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 21, 2006. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E6–14316 Filed 8–28–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8213–5] 

FY 2006 and 2007 Targeted 

Watersheds Grant Program: 

Availability of Funds and Request for 

Proposals for Implementation Projects 

(CFDA 66.439—Funding Opportunity 

Number EPA–OW–OWOW–06–3) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice, extension of the 

submission date for proposals for 

watershed projects. 

SUMMARY: On August 15, 2006, EPA 

published a notice announcing the 

availability of funds for grants and 

cooperative agreements under EPA’s 

Targeted Watersheds Grant Program. 

The announcement solicits proposals 

for watershed restoration and/or 

protection projects throughout the 

country. This notice is to extend the 

submission date for proposals to 

November 15, 2006. EPA is extending 

the submission date for proposals to be 

consistent with Agency 

communications. 

DATES: Proposals are now due by 

November 15, 2006. 

ADDRESSES: Erin Collard; USEPA; Office 

of Wetlands, Oceans, and Watersheds; 

Room 7136G; Mail Code 4501T; 1301 

Constitution Avenue, NW.; Washington, 

DC 20004; telephone: 202–566–2655. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding this extension, 

please contact Carol Peterson at 202–

566–1304 or by e-mail at 

peterson.carol@epa.gov. A copy of the 

Targeted Watersheds Grant Program 

Request for Proposals, this notice 

extending the date for submitting 

proposals, and additional information 

on the program can be found on the 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Notices 51193 

Targeted Watersheds Grant Web site at 

http://www.epa.gov/twg. 

Dated: August 22, 2006. 

Bonnie Thie, 

Acting Director, Office of Wetlands, Oceans 

and Watersheds. 

[FR Doc. 06–7216 Filed 8–28–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2006–0748; FRL–8213–1] 

Notice of Intent To Provide Internet 

Publication of Proposed Penalties 

under the Clean Water Act and Safe 

Drinking Water Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Environmental Protection Agency 

(EPA) intends to issue notices of 

proposed penalty orders issued under 

the Clean Water Act and the Safe 

Drinking Water Act via the Internet. 

EPA is encouraging the Regions to use 

the Internet as a more effective and 

efficient means to provide such notice. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Kaczka Brantner, Office of 

Enforcement and Compliance 

Assurance, Office of Civil Enforcement, 

Water Enforcement Division, Mail Code 

2243A, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number: 202–564–9933; fax number: 

202–564–0018; e-mail address: 

Brantner.Kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: Both the 

Clean Water Act and the Safe Drinking 

Water Act authorize the U.S. 

Environmental Protection Agency (EPA) 

to assess administrative penalties for 

specified violations of the Act. See 

sections 309(g) and 311(b)(6) of the 

Clean Water Act (CWA), 33 U.S.C. 

1319(g) and 33 U.S.C. 1321(b)(6) and 

section 1423(c) of the Safe Drinking 

Water Act (SDWA), 42 U.S.C. 300h–2(c). 

These provisions require EPA to provide 

public notice of any civil penalty order 

before issuing any such order. 

For such administrative actions, 

EPA’s Consolidated Rules of Practice 

Governing the Administrative 

Assessment of Civil Penalties, 40 CFR 

Part 22, require notice to the public ‘‘by 

a method reasonably calculated to 

provide notice.’’ 40 CFR 22.45(b)(2). 

Typically, notice is provided through 

publication in newspapers of general 

circulation. 

The Part 22 rules and the Clean Water 

Act do not define what methods of 

notice are reasonable. Courts have 

recognized that the Internet may be one 

method reasonably calculated to 

provide public notice. Thus, for 

example in discussing service of process 

by e-mail, the United States Court of 

Appeals for the Ninth Circuit has 

recently described in broad language a 

court’s authority to adapt its procedures 

to meet technological advances as 

follows: 

‘‘In proper circumstances, this broad 

constitutional principle [i.e., that the selected 

method of service must be reasonably 

calculated to provide notice and an 

opportunity to respond] unshackles the 

federal courts from anachronistic methods of 

service and permits them entry into the 

technological renaissance.’’ Rio Properties, 

Inc. v. Rio International Interlink. 284 F.3d 

1007, 1017 (9th Cir. 2002) 

Given the wide accessibility of the 

Internet among the population, the 

Office of Enforcement and Compliance 

Assurance has concluded, in 

consultation with the Office of General 

Counsel, that publication through such 

means is reasonably calculated to 

apprise the public of such proposed 

orders. Thus, Internet notice would 

meet the requirements of the CWA, 

SDWA, and EPA regulations. 

Using the Agency’s Internet site to 

provide notice of proposed actions 

makes the notice available to the public 

during the entirety of the comment 

period rather than on the one day that 

the notice is published in the local 

newspaper. The Internet provides a cost 

effective means of providing access to a 

larger number of notices, in one place, 

for a longer period of time. 

Additionally, while the Agency tries 

to provide notice to those most likely to 

be affected by an action by publishing 

notice in local newspapers, in using the 

Internet, the Agency can reach a broader 

audience. This will enable those 

interested persons beyond the finite 

distribution areas of local newspapers to 

be made aware of pending agency 

actions. 

EPA Headquarters is encouraging the 

Regions to use the Agency’s Internet site 

to provide notice of proposed CWA and 

SDWA actions. To ensure wide public 

acceptance of public notice provided 

through the Internet, the Office of 

Enforcement and Compliance Assurance 

is recommending procedures designed 

with two objectives in mind: Making the 

public aware that notices will be 

available on the website for the Region 

issuing the order, and providing easy 

access to the notices. We suggest 

consideration of the following practices 

for Web based notices: 

—The Region’s homepage should 

include a link entitled ‘‘Public 

Notices Under Sections 309(g)and 

311(b)(6) of the Clean Water Act and 

Section 1423(c) of the Safe Drinking 

Water Act.’’ (Public Notice). 

—The Public Notice Web page should 

provide a link to the actual notices as 

well as the docket number, the date 

the notice is posted, the Respondent’s 

name, the state where they are 

located, and the proposed penalty. 

—The notice should be accessible from 

the Public Notice Web page in html 

format or as a PDF file which includes 

all the information required under 40 

CFR 22.45(b)(2). 

—The Public Notice Web page should 

list the actions that are being noticed 

in chronological order. 

—The Public Notice Web page may list 

notices for which the agency is 

currently accepting comment more 

prominently than those which have 

expired. However, public notices 

should remain on the Web site for a 

reasonable time once the comment 

period has expired. 

—The Web page should also include a 

link to download Adobe Acrobat with 

easily understood instructions for 

doing so. 

We recognize that not all members of 

the public may have ready access to the 

Internet, however due to the general 

availability of the Internet through 

schools, offices and libraries, we believe 

that Internet notice will likely reach a 

larger audience than has the past 

practice of publishing a notice in a 

newspaper provided that the above 

practices are followed. Because there 

may be circumstances in which the lack 

of access to computers in low-income 

communities may raise environmental 

justice issues, Regions may consider 

providing supplemental notice. 

In particular instances where the 

Regions find that additional notice may 

be helpful, newspaper notice, press 

release or other forms of communication 

may supplement the Internet notice. 

Mark Pollins, 

Director, Water Enforcement Division, Office 

of Civil Enforcement, Office of Enforcement 

& Compliance Assurance. 

[FR Doc. E6–14315 Filed 8–28–06; 8:45 am] 

BILLING CODE 6560–50–P 

OFFICE OF SCIENCE AND 

TECHNOLOGY POLICY 

Meeting of the President’s Council of 

Advisors on Science and Technology 

ACTION: Notice of meeting. 


jlentini on PROD1PC65 with NOTICES