Federal Register / Vol. 71, No. 181 / Tuesday, September 19, 2006 / Notices 54815 

West Jackson Boulevard, Chicago, 

Illinois 60604, telephone (312) 886–

4447. 

SUPPLEMENTARY INFORMATION: The Act 

affords EPA a 45-day period to review, 

and to object to as appropriate, a title V 

operating permit proposed by a state 

permitting authority. Section 505(b)(2) 

of the Act, 42 U.S.C. 7661d(b)(2), 

authorizes any person to petition the 

EPA Administrator within 60 days after 

the expiration of the EPA review period 

to object to a title V operating permit if 

EPA has not done so. Petitions must be 

based only on objections to the permit 

that were raised with reasonable 

specificity during the public comment 

period, unless the petitioner 

demonstrates that it was impracticable 

to raise the issues during the comment 

period, or the grounds for the issues 

arose after the public comment period. 

On February 18, 2004, the EPA 

received from the Sierra Club and 

American Bottom Conservancy a 

petition requesting that EPA object to 

the proposed title V operating permit for 

Onyx Environmental Services. The 

Sierra Club and American Bottom 

Conservancy alleged that the proposed 

permit (1) Violated EPA’s commitments 

and obligations to address 

environmental justice issues; (2) lacked 

a compliance schedule and certification 

of compliance; (3) did not address 

modifications Onyx took that allegedly 

triggered new source review 

requirements; (4) was based on an eightyear old application; (5) lacked 

practically enforceable conditions; (6) 

contained a permit shield that broadly 

insulates it from ongoing and recent 

violations; (7) failed to include 

conditions that meet the legal 

requirements for monitoring; (8) did not 

contain a statement of basis; (9) did not 

require prompt reporting of violations; 

and (10) failed to establish annual 

mercury and lead limits. 

On February 1, 2006, the 

Administrator signed an order partially 

granting and partially denying the 

petition. The order explains the reasons 

behind EPA’s conclusion that the IEPA 

must: (1) Address the significant 

comments concerning the possible need 

for a compliance schedule in the 

proposed permit; (2) require Onyx 

Environmental Services to submit a 

current compliance certification; (3) 

address comments concerning 

modifications made at the Onyx facility 

and the potential applicability of new 

source review requirements; (4) require 

Onyx Environmental Services to submit 

an updated application that reflects all 

applicable requirements for the source; 

(5) make clear either in the permit or 

statement of basis what constitutes 

‘‘normal’’ operating conditions; (6) 

amend the permit to limit Onyx 

Environmental Service’s election to 

regulatory requirements applicable to 

hazardous waste incinerators; (7) define 

the terms ‘‘container’’ and 

‘‘containerized solids,’’ or explain in the 

statement of basis where the terms are 

defined; (8) provide information on 

where the applicable specifications 

pertaining to ‘‘manufacturer’s 

specifications’’ can be located; (9) 

provide a statement of basis that 

complies with the requirements of EPA 

regulations and post its statement of 

basis on a Web site, or make available 

to the public on the Web site a notice 

telling the public where it can obtain 

the statement of basis; and (10) explain 

how a thirty day reporting requirement 

for all deviations is prompt or require a 

shorter reporting period for deviations 

as is provided for in 40 CFR Part 71. The 

order also explains the reasons for 

denying Sierra Club and American 

Bottom Conservancy’s remaining 

claims. 

The August 9, 2006, amended order 

grants the petition for the claim that the 

permit lacks monitoring required under 

other provisions of 40 CFR Part 70.6. 

EPA directs IEPA to revise the permit to 

incorporate all particulate matter 

monitoring required for the facility 

under 40 CFR Part 63, Subpart EEE, 

including a leak detection system. 

Dated: September 12, 2006. 

Norman Niedergang, 

Acting Regional Administrator, Region 5. 

[FR Doc. E6–15537 Filed 9–18–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[IL227–1; FRL–8220–8] 

Notice of Prevention of Significant 

Deterioration Final Determination for 

Prairie State Generating Company 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final action. 

SUMMARY: This notice announces that on 

August 24, 2006, the Environmental 

Appeals Board (EAB) of the EPA denied 

a petition for review of a Federal 

Prevention of Significant Deterioration 

(PSD) permit issued to Prairie State 

Generating Company by the Illinois 

Environmental Protection Agency 

(IEPA). 

DATES: The effective date for the EAB’s 

decision is August 24, 2006. Pursuant to 

Section 307(b)(1) of the Clean Air Act, 

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 Seventh Circuit 

within 60 days of September 19, 2006. 

ADDRESSES: The documents relevant to 

the above action are available for public 

inspection during normal business 

hours at the following address: 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard 

(AR–18J), Chicago, Illinois 60604. To 

arrange viewing of these documents, 

call Genevieve Damico at (312) 353–

4761. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve Damico, Air and Radiation 

Division, Air Programs Branch, 

Environmental Protection Agency, 

Region 5, 77 W. Jackson Boulevard (AR–

18J), Chicago, Illinois 60604. Anyone 

who wishes to review the EAB decision 

can obtain it at http://www.epa.gov/eab/ 

. 

Notification of EAB Final Decision 

The IEPA, acting under authority of a 

PSD delegation agreement, issued a PSD 

permit to Prairie State Generating 

Company on April 28, 2005, granting 

approval to construct two coal-fired 

steam electric generating units, each 

with a nominal generating capacity of 

750 net megawatts in Washington 

County, Illinois. The American Bottom 

Conservancy, American Lung 

Association of Metropolitan Chicago, 

Clean Air Task Force, Health and 

Environmental Justice-St. Louis, Lake 

County Conservation Alliance, Sierra 

Club and Valley Watch filed a petition 

for review with the EAB on June 8, 

2005. The EAB denied review of the 

petition on August 24, 2006. The permit 

became effective on August 24, 2006. 

Dated: September 11, 2006. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E6–15538 Filed 9–18–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8095–5] 

Temporary Changes to the EPA Docket 

Center Public Reading Room 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Docket Center (EPA/ 

DC) Public Reading Room in 

Washington, DC will be temporarily 

inaccessible to the public due to 


pwalker on PRODPC60 with NOTICES
54816 Federal Register / Vol. 71, No. 181 / Tuesday, September 19, 2006 / Notices 

construction starting on September 22, 

2006. This notice provides information 

regarding submitting comments and 

accessing affected dockets during this 

period. 

FOR FURTHER INFORMATION CONTACT: 

Minh-Hai Tran-Lam, Mail code 2822T, 

Office of Information Collection, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

566–1647; fax number: (202) 566–1639; 

e-mail address: Tran-Lam.MinhHai@epa.gov. 

SUPPLEMENTARY INFORMATION: Dockets, 

Electronic Dockets, and Information 

Centers serve as the repository for 

information related to particular Agency 

actions. Regulations.gov serves as EPA’s 

electronic public docket and on-line 

comment system. If you would like to 

submit an electronic comment or obtain 

docket materials for an EPA docket, 

please visit http://www.regulations.gov. 

As of September 22, 2006, the EPA 

Docket Center (EPA/DC) Public Reading 

Room will be temporarily inaccessible 

to the public until November 6, 2006, 

due to construction. Public access to 

docket materials will still be provided. 

We strongly encourage you to visit the 

EPA Docket website at http:// 

www.epa.gov/epahome/dockets.htm in 

order to receive the latest status 

concerning the Public Reading Room 

and public access to docket materials. 

If you wish to obtain materials from 

a docket in the EPA/DC, please go first 

to http://www.regulations.gov and 

obtain electronic copies. If the materials 

are listed in the docket index but the 

documents themselves are not available 

in regulations.gov, please call (202) 

566–1744 or e-mail the applicable 

Program Office Docket from the list 

provided below. 

EPA Docket Center operations will 

still continue during this period. In 

addition to electronic access through 

regulations.gov, public inspection of 

docket materials will be available by 

appointment during this period. 

Appointments may be made by calling 

(202) 566–1744 or by e-mailing the 

appropriate Docket Office listed below. 

If you wish to hand deliver comments 

during this period, you may drop them 

off between the hours of 8:30 a.m. and 

4:30 p.m. eastern standard time (e.s.t.), 

Monday through Friday, excluding 

Federal holidays at the EPA 

Headquarters, Room 6146F in the EPA 

West Building located at 1301 

Constitution Avenue, NW., Washington, 

DC. EPA visitors are required to show 

photographic identification and sign the 

EPA visitor log. After processing 

through the X-ray and magnetometer 

machines, visitors will be given an EPA/ 

DC badge that must be visible at all 

times, and be escorted to Room 6146F 

to drop off comments. 

• Office of Air and Radiation (OAR) 

Docket -- E-mail: a-and-rDocket@epa.gov. 

• Office of Enforcement and 

Compliance Assurance (OECA) Docket 

-- E-mail: docket.oeca@epa.gov. 

• Office of Environmental 

Information (OEI) Docket (includes 

Toxics Release Inventory (TRI) Docket) 

-- E-mail: oei.docket@epa.gov. 

• Office of Pollution Prevention and 

Toxics (OPPT) Docket -- E-mail: 

oppt.ncic@epa.gov. 

• Office of Research and 

Development (ORD) Docket -- E-mail: 

ord.docket@epa.gov. 

• Office of Solid Waste and 

Emergency Response (OSWER) 

-- Resource Conservation and 

Recovery Act (RCRA) Docket -- E-mail: 

rcra-docket@epa.gov. 

-- Superfund Docket -- E-mail: 

superfund.docket@epa.gov. 

-- Underground Storage Tanks (UST) 

Docket -- E-mail: rcra-docket@epa.gov. 

• Office of Water (OW) Docket -- Email: OW-Docket@epa.gov. 

If you have any other questions 

concerning the temporary closing of the 

EPA/DC Public Reading Room, you may 

call (202) 566–1744 between the hours 

of 8:30 a.m. and 4:30 p.m. e.s.t. 

List of Subjects 

Environmental protection. 

Dated: September 14, 2006. 

Mark Luttner, 

Director, Office of Information Collection, 

Office of Environmental Information. 

[FR Doc. 06–7781 Filed 9–15–06; 12:58 pm] 

BILLING CODE 6560–50–S 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

The National Environmental Policy 

Act—Guidance on Categorical 

Exclusions 

AGENCY: Council on Environmental 

Quality. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Council on 

Environmental Quality (CEQ) used an 

interagency work group to develop 

guidance to Federal agencies for 

establishing and for using categorical 

exclusions in meeting their 

responsibilities under the National 

Environmental Policy Act (NEPA). CEQ 

invites comments on the proposed 

guidance before issuing the final 

guidance to the heads of the Federal 

agencies. The proposed guidance, 

‘‘Establishing, Revising, and Using 

Categorical Exclusions under the 

National Environmental Policy Act’’, is 

reprinted below and is also available at 

http://www.NEPA.gov in the Current 

Developments section. 

DATES: Written comments should be 

submitted on or before October 27, 

2006. 

ADDRESSES: Electronic or facsimile 

comments on the proposed guidance are 

preferred because Federal offices 

experience intermittent mail delays 

from security screening. Electronic 

comments can be sent to NEPA 

Modernization (CE) at 

hgreczmiel@ceq.eop.gov. Written 

comments may be faxed to NEPA 

Modernization (CE) at (202) 456–0753. 

Written comments may also be 

submitted to NEPA Modernization (CE), 

Attn: Associate Director for NEPA 

Oversight, 722 Jackson Place NW., 

Washington DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Horst Greczmiel, 202–395–5750. 

SUPPLEMENTARY INFORMATION: The 

Council on Environmental Quality 

(CEQ) established a National 

Environmental Policy Act (NEPA) Task 

Force and is now implementing 

recommendations designed to 

modernize the implementation of NEPA 

and make the NEPA process more 

effective and efficient. Additional 

information is available on the task 

force Web site at http://ceq.eh.doe.gov/ 

ntf. 

The proposed guidance, 

‘‘Establishing, Revising, and Using 

Categorical Exclusions under the 

National Environmental Policy Act,’’

was developed to assist agencies with 

developing and using categorical 

exclusions for actions that do not have 

significant effects on the human 

environment and eliminate the need for 

unnecessary paperwork and effort under 

NEPA for categories of actions that 

normally do not warrant preparation of 

an environmental impact statement 

(EIS) or environmental assessment (EA). 

Developing and using appropriate 

categorical exclusions promotes the 

cost-effective use of agency NEPA 

related resources. CEQ requests public 

input and comments on the following 

proposed guidance: 

Establishing, Revising, and Using 

Categorical Exclusions under the 

National Environmental Policy Act. 

I. Introduction 

The following guidance is provided to 

assist Federal agencies in improving and 


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