146 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Notices 

ACTION: Notice of final order on 

petitions to object to a state operating 

permit. 

SUMMARY: Pursuant to Clean Air Act 

(CAA) Section 505(b)(2) and 40 CFR 

70.8(d), the EPA Administrator signed 

an Order, dated December 15, 2009, 

granting in part and denying in part 

petitions to object to a merged 

prevention of significant deterioration 

(PSD) and title V operating permit 

issued by the Kentucky Division for Air 

Quality (KDAQ) to Cash Creek 

Generation, LLC for its Cash Creek 

Generating Station located near 

Owensboro in Henderson County, 

Kentucky. This Order constitutes a final 

action on parts of the petitions 

submitted by Sierra Club and Valley 

Watch (Petitioners) on January 31, 2008, 

and February 13, 2008, respectively. 

Pursuant to sections 307(b) and 

505(b)(2) of the CAA, a petition for 

judicial review of those parts of the 

Order that deny issues in the petition 

may be filed in the United States Court 

of Appeals for the appropriate circuit 

within 60 days from the date this notice 

appears in the Federal Register. 

ADDRESSES: Copies of the Order, the 

petition, and all pertinent information 

relating thereto are on file at the 

following location: EPA Region 4, Air, 

Pesticides and Toxics Management 

Division, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The Order 

is also available electronically at the 

following address: http://www.epa.gov/ 

region07/programs/artd/air/title5/ 

petitiondb/petitions/ 

cashcreek_response2008.pdf 

FOR FURTHER INFORMATION CONTACT: Art 

Hofmeister, Air Permits Section, EPA 

Region 4, at (404) 562–9115 or 

hofmeister.art@epa.gov. 

SUPPLEMENTARY INFORMATION: The CAA 

affords EPA a 45-day period to review 

and, as appropriate, the authority to 

object to operating permits proposed by 

state permitting authorities under title V 

of the CAA, 42 U.S.C. 7661–7661f. 

Section 505(b)(2) of the CAA and 40 

CFR 70.8(d) authorize any person to 

petition the EPA Administrator to object 

to a title V operating permit within 60 

days after the expiration of EPA’s 45- 

day review period if EPA has not 

objected on its own initiative. Petitions 

must be based only on objections to the 

permit that were raised with reasonable 

specificity during the public comment 

period provided by the state, unless the 

petitioner demonstrates that it was 

impracticable to raise these issues 

during the comment period or the 

grounds for the issues arose after this 

period. 

Petitioners submitted petitions 

regarding the Cash Creek Generating 

Station on January 31, 2008, and 

February 13, 2008, respectively, 

requesting that EPA object to the merged 

PSD and title V operating permit (#V– 

07–017). Petitioners alleged that the 

permit was not consistent with the CAA 

for the following reasons: (1) The best 

available control technology (BACT) 

analyses did not include natural gas as 

a clean fuel; (2) the permit lacks the 

appropriate new source performance 

standards for the combustion turbines 

planned for the facility; (3) the permit 

lacks a limit for particulate matter of 

less than or equal to 2.5 microns in 

diameter; (4) the permit lacks a BACT 

limit for carbon dioxide; (5) KDAQ did 

not consider, and was unresponsive to, 

public input regarding alternatives 

analysis for the proposed permit; (6) 

Elm Road (a facility located in 

Wisconsin) sulfuric acid mist limits 

were not considered in the BACT 

analysis; (7) KDAQ did not respond to 

comments regarding material handling 

and storage emissions; and (8) KDAQ 

did not respond to Valley Watch 

comments on increased ozone formation 

due to the emissions from the proposed 

source. 

On December 15, 2009, the 

Administrator issued an Order granting 

in part and denying in part the 

petitions. The Order explains EPA’s 

rationale for granting the petitions with 

respect to issues 1, 2, 3, 5, 6, and 8; and 

denying the petitions with respect to the 

remaining issues. 

Dated: December 18, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–31149 Filed 12–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9099–6] 

Proposed Cercla Administrative Cost 

Recovery Settlement; David Benvenuti 

and Howe Cleaners, Howe Cleaners 

Site, Barre, VT 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of proposed settlement; 

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 costs concerning the Howe 

Cleaners Superfund Site in Barre, 

Vermont with the following settling 

parties: David Benvenuti and Howe 

Cleaners. The settlement requires the 

settling parties to pay $320,000 to the 

Hazardous Substance Superfund. The 

settlement includes a covenant not to 

sue the settling parties 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 5 Post Office 

Square, Suite 100, Boston, MA 02109– 

3912. 

DATES: Comments must be submitted by 

February 3, 2010. 

ADDRESSES: Comments should be 

addressed to Peter DeCambre, Senior 

Enforcement Counsel, U.S. 

Environmental Protection Agency, 

Region I, 5 Post Office Square, Suite 100 

(OES04–1), Boston, Massachusetts 

02109–3912 (Telephone No. 617–918– 

1890) and should refer to: In re: Howe 

Cleaners Superfund Site, U.S. EPA 

Docket No. 01–2009–0045. 

FOR FURTHER INFORMATION CONTACT: A 

copy of the proposed settlement may be 

obtained from Peter DeCambre, Senior 

Enforcement Counsel, U.S. 

Environmental Protection Agency, 

Region I, 5 Post Office Square, Suite 

100, (OES04–1), Boston, Massachusetts 

02109–3912 (Telephone No. 617–918– 

1890; E-mail decambre.peter@epa.gov). 

Dated: December 22, 2009. 

James T. Owens III, 

Director, Office of Site Remediation and 

Restoration. 

[FR Doc. E9–31176 Filed 12–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2009–0986; FRL–9098–3] 

Public Comment on Candidate 

National Enforcement and Compliance 

Assurance Priorities for Fiscal Years 

2011–2013 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public comment 

Period. 


pwalker on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Notices 147 

SUMMARY: The Environmental Protection 

Agency (EPA) is soliciting public 

comment and recommendations on 

enforcement and compliance national 

priorities to be addressed for fiscal years 

2011–2013. EPA selects these priority 

areas every three years in order to focus 

federal resources on the most important 

environmental problems where 

noncompliance is a significant 

contributing factor. 

The U.S. Environmental Protection 

Agency, Office of Enforcement and 

Compliance Assurance is collecting 

external comment on the following 

preliminary set of national priority 

candidates for FY 2011–2013 listed on 

our Web site: http://www.epa.gov/ 

compliance/data/planning/priorities/ 

index.html. 

This preliminary list is based on 

analysis of proposals received from 

states, EPA staff, tribes, and on-line 

public comments. Enforcement national 

priorities are not limited to those 

priority candidates on the above Web 

site and the public is invited to propose 

additional areas for consideration. 

Comments will be considered as part of 

the process EPA uses to identify and 

select enforcement and compliance 

national priorities. Final priority 

selection will be incorporated into the 

EPA Office of Enforcement and 

Compliance Assurance National 

Program Manager Guidance that 

provides national program direction for 

all EPA regional offices released in 

April 2010. EPA will consider these 

comments as it moves forward in the 

decision-making process, but will not 

respond to all comments received. 

DATES: Comments must be received on 

or before January 19, 2009. 

ADDRESSES: Information in support of 

this Notice of Public Comment is 

available via the Internet at: http:// 

www.epa.gov/compliance/data/ 

planning/priorities/index.html. 

Submit your comments via http:// 

www.regulations.gov, identified by 

Docket ID No. EPA–HQ–OECA–2009– 

0986; FRL–9098–3. Follow the on-line 

instructions for submitting comments. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OECA–2009– 

0986. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA can 

not read your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters, any form of encryption, and 

be free of any defects or viruses. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Knopes, Director, National 

Planning, Measures, and Analysis Staff, 

Office of Enforcement and Compliance 

Assurance, Mail Code: M2221A, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 202–564– 

2337; fax number: 202–564–0027; e-mail 

address: knopes.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What Are EPA Enforcement and 

Compliance National Priorities? 

The Environmental Protection Agency 

(EPA) is voluntarily soliciting public 

comment and recommendations on 

enforcement and compliance national 

priorities to be addressed for fiscal years 

2011–2013. EPA selects these priorities 

every three years in order to focus 

federal resources on the most important 

environmental problems where 

noncompliance is a significant 

contributing factor. Enforcement and 

compliance national priorities are 

selected according to three criteria: (1) 

Environmental impact; (2) Significant 

noncompliance; (3) Appropriate federal 

role. These selection criteria will be 

used to make decisions on enforcement 

and compliance priorities for 2011– 

2013. The priorities do not impose any 

legally binding requirements on any 

outside parties. 

II. On What Is EPA Requesting 

Comment? 

The U.S. Environmental Protection 

Agency, Office of Enforcement and 

Compliance Assurance, is collecting 

external comment on a set of candidate 

enforcement and compliance priorities 

for FY 2011–2013. http://www.epa.gov/ 

compliance/data/planning/priorities/ 

index.html. This preliminary list of 

candidate enforcement and compliance 

national priorities is based on analysis 

of proposals received from states, EPA 

staff, tribes, and on-line public 

comments. Enforcement national 

priorities are not limited to those 

priorities described on the above Web 

site. The public is invited to propose 

additional areas for consideration. 

The Office of Enforcement and 

Compliance Assurance is committed to 

identifying a limited number of national 

priorities. Some current priority areas 

may be carried forward or refined 

during FY 2011–2013. For additional 

information on current FY 2008–2010 

national priorities, please visit the Web 

site listed above. 

III. How Was the Preliminary List of 

Enforcement National Priorities 

Developed? 

During 2009, EPA regional offices 

consulted state and tribal regulatory 

partners about existing and potential 

new national program priorities for 

fiscal years 2011–2013. The Agency also 

issued letters requesting comments on 

new national priorities to state 

environmental, public health, and 

agricultural departments and each 

federally recognized Indian tribe. EPA 

conducted outreach regarding the 

national priority stakeholder 

engagement and selection process at the 

National Environmental Justice 

Advisory Committee (NEJAC) meeting 

in September 2009. In addition, a new 

Web site launched in August 2009 

collected over 100 public comments on 

candidate national priorities, selection 

criteria, and information provided on 

EPA’s Web site using blogging 

technology to collect external feedback. 

For additional details on public 

comments provided during the Fall 

2009 comment period see: http:// 

blog.epa.gov/ 

enforcementnationalpriority. 

IV. Can the Deadline for Comments Be 

Extended? 

No. EPA and states jointly implement 

Federal environmental laws. EPA issues 

National Program Manager Guidance 

(NPM Guidance) so that EPA and states 

can effectively align their activities to 

achieve mutual goals. The NPM 

guidance must be released for state and 

public comment in February and 

finalized in April in order to allow 

states to direct resources appropriately 

according to their fiscal calendars. As a 

result, EPA must receive public 

comments by January 16, 2010 in order 


pwalker on DSK8KYBLC1PROD with NOTICES
148 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Notices 

to make selections in keeping with this 

schedule. 

Dated: December 23, 2009. 

Lisa Lund, 

Director, Office of Compliance. 

[FR Doc. E9–31042 Filed 12–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Economic Impact Policy 

This notice is to inform the public 

that the Export-Import Bank of the 

United States has received an 

application for a $70 million direct loan 

to support the export of approximately 

$69 million worth of aluminum 

beverage can and end manufacturing 

equipment to Saudi Arabia. The U.S. 

exports will enable the Saudi company 

to produce approximately 800 million 

aluminum beverage cans and 8 billion 

aluminum beverage ends per year 

during the 10-year repayment term of 

the loan. Available information 

indicates that this new Saudi aluminum 

beverage can and end production will 

be sold in Saudi Arabia and 

international markets. Interested parties 

may submit comments on this 

transaction by e-mail to 

economic.impact@exim.gov or by mail 

to 811 Vermont Avenue, NW., Room 

947, Washington, DC 20571, within 14 

days of the date this notice appears in 

the Federal Register. 

Jonathan J. Cordone, 

Senior Vice President and General Counsel. 

[FR Doc. E9–31133 Filed 12–31–09; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information Collection 

Being Reviewed by the Federal 

Communications Commission, 

Comments Requested 

December 28, 2009. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501–3520. An 

agency may not conduct or sponsor a 

collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid control number. 

Comments are requested concerning: (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and (e) ways to 

further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid OMB control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act that does not 

display a currently valid OMB control 

number. 

DATES: Persons wishing to comments on 

this information collection should 

submit comments on or before March 5, 

2010. If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget (OMB), via fax 

at (202) 395–5167, or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Judith B. Herman, Federal 

Communications Commission (FCC). To 

submit your PRA comments by e-mail 

send them to: PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Judith B. Herman, OMD, 202–418–0214. 

For additional information about the 

information collection(s) send an e-mail 

to PRA@fcc.gov and to Judith B. 

Herman, 202–418–0214. 

SUPPLEMENTARY INFORMATION: 

OMB Control No: 3060–1044. 

Title: Review of the Section 251 

Unbundling Obligations of Incumbent 

Local Exchange Carriers, CC Docket No. 

01–338 and WC Docket No. 04–313, 

FCC 04–290, Order on Remand. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit, not-for-profit institutions, and 

state, local or tribal government. 

Number of Respondents: 645 

respondents; 645 responses. 

Estimated Time Per Response: 8 

hours. 

Frequency of Response: On occasion 

reporting requirement, recordkeeping 

requirement and third party disclosure 

requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this collection of 

information is contained in 47 U.S.C. 

251. 

Total Annual Burden: 5,160 hours. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

The Commission is not requesting 

respondents to submit or disclose 

confidential information. However, in 

certain circumstances, respondents may 

voluntarily choose to submit 

confidential information pursuant to 

applicable confidentiality rules. 

Need and Uses: The Commission will 

submit this information collection after 

this 60 day comment period in order to 

obtain the full three year clearance from 

the Office of Management and Budget 

(OMB). The Commission has not 

changed its burden estimates or 

requirements that were submitted to the 

OMB for approval in 2007. 

All of the information collections 

implement the requirements of section 

251 of the Telecommunications Act of 

1996. Section 251 is designed to 

accelerate private sector development 

and deployment of telecommunications 

technologies and services by spurring 

competition. In order to foster 

competition in the local telephone 

market, the Act requires incumbent 

local exchange carriers (incumbent 

LECs) to share certain elements of their 

local telephone networks, providing 

them to other carriers at reasonable 

prices on an unbundled basis. These 

‘‘unbundled network elements’’ (UNEs) 

are necessary for competition because 

the only alternative, building entire new 

telephone networks, would be 

prohibitively expensive for new 

entrants. 

In Order, FCC 03–36, the Commission 

adopted rules and regulations designed 

to eliminate operational barriers to 

competition in the telecommunications 

services market and implement certain 

provisions of Section 251, including the 

UNE obligations of incumbent LECs. 

In the Order on Remand, FCC 04–290, 

the Commission responded to a decision 

by the United States Court of Appeals 

for the District of Columbia that vacated 

the ‘‘sub-delegation’’ of authority to 

state commissions and vacated and 

remanded certain nationwide 

impairment findings, including mass 


pwalker on DSK8KYBLC1PROD with NOTICES