12174 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 

access to the meeting via phone bridge 

for a fee. If you have any questions, visit 

http://www.CapitolConnection.org or 

contact Danelle Perkowski or David 

Reininger at 703–993–3100. 

Transcripts of the meeting will be 

available immediately for a fee from Ace 

Reporting Company (202–347–3700 or 

1–800–336–6646). They will be 

available for free on the Commission’s 

eLibrary system and on the events 

calendar approximately one week after 

the meeting. 

FERC conferences and meetings are 

accessible under section 508 of the 

Rehabilitation Act of 1973. For 

accessibility accommodations please 

send an e-mail to accessibility@ferc.gov 

or call toll free (866) 208–3372 (voice) 

or 202–502–8659 (TTY), or send a fax to 

202–208–2106 with the required 

accommodations. 

Philis J. Posey, 

Acting Secretary. 

[FR Doc. E7–4713 Filed 3–14–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Notice of Membership of Performance 

Review Board for Senior Executives 

(PRB) 

March 9, 2007. 

The Federal Energy Regulatory 

Commission hereby provides notice of 

the membership of its Performance 

Review Board (PRB) for the 

Commission’s Senior Executive Service 

(SES) members. The function of this 

board is to make recommendations 

relating to the performance of senior 

executives in the Commission. This 

action is undertaken in accordance with 

Title 5, U.S.C. 4314(c)(4). The 

Commission’s PRB will remove the 

following member: Daniel L. Larcamp. 

Philis J. Posey, 

Acting Secretary. 

[FR Doc. E7–4715 Filed 3–14–07; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8288–2] 

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 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed consent 

decree, to address a lawsuit filed by the 

Sierra Club: Sierra Club v. The United 

States Environmental Protection 

Agency, No. CV 06–00663 BB(LFG) 

(District of New Mexico). On or about 

July 26, 2006, Sierra Club filed a 

complaint alleging that EPA had failed 

to perform a non-discretionary duty and 

had unreasonably delayed publication 

of a final rule, known as a Federal 

Implementation Plan (‘‘FIP’’), regulating 

air emissions from the Four Corners 

Power Plant (‘‘FCPP’’). Under the terms 

of the proposed consent decree, a 

deadline of April 30, 2007, is 

established for EPA to take final action 

on the FIP proposed by EPA on 

September 12, 2006. 

DATES: Written comments on the 

proposed consent decree must be 

received by April 16, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA–

HQ7–OGC–2007–0194, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; mailed 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. Please provide a separate 

copy of your comments to the person 

identified in the For Further 

Information Contact section of this 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Richard H. Vetter, c/o Cheryl Graham 

Air and Radiation Law Office (2344A), 

Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone: (919) 541–2127; 

fax number (919) 541–4991; email 

address: vetter.rick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve the suit filed by Sierra Club 

alleging that EPA had a nondiscretionary duty and had 

unreasonably delayed finalizing a FIP 

regulating air emissions from FCPP. 

The background to Sierra Club’s 

Complaint is that EPA had proposed a 

FIP in 1999 for FCPP, see 64 FR 48731 

(September 8, 1999), but by 2006 had 

not taken final action on the 1999 

proposed FIP. Shortly after 1999, FCPP 

began negotiations with EPA, Navajo 

Nation EPA, the National Park Service 

and several environmental groups (not 

including Sierra Club). Between 2003 

and 2005, FCPP tested changes to its 

SO2 control devices that increased the 

overall control efficiency of these 

control devices. 

EPA proposed a new FIP for FCPP on 

September 12, 2006 that, among other 

things, reflected the increase in 

efficiency of the SO2 control devices at 

the facility. 71 FR 53631. The proposed 

consent decree provides that on or 

before April 30, 2007, EPA will take 

final action on the FIP we proposed on 

September 12, 2006. 

On December 14, 2006, the parties 

filed with the Court a notice of lodging 

of the proposed consent decree. The 

notice informed the Court of the decree 

but noted that the decree was not ready 

for entry as it is subject to the 

requirements of section 113(g) of the 

Clean Air Act. 

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 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 comment 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? 

The official public docket for this 

action (identified by Docket ID No. 

EPA7–HQ–OGC–2007–0194) 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, 


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