Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Notices 281 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2090–008] 

Green Mountain Power Corporation; 

Notice of Application Accepted for 

Filing, Soliciting Comments, Motions 

To Intervene, and Protests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Types of Application: Amendment 

of License. 

b. Project No.: 2090–008. 

c. Date Filed: November 16, 2011. 

d. Applicants: Green Mountain Power 

Corporation. 

e. Name of Projects: Waterbury 

Hydroelectric Project. 

f. Location: Little River in Washington 

County, Vermont. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791a–825r. 

h. Applicant Contact: Mr. Jason Lisai, 

Green Mountain Power Corporation, 163 

Acorn Lane, Colchester, Vermont 05446. 

Tel: (802) 655–8723. 

i. FERC Contact: Mr. Vedula Sarma, 

(202) 502–6190, vedula.sarma@ferc.gov. 

j. Deadline for filing comments, 

motions to intervene, and protests, is 30 

days from the issuance date of this 

notice. All documents may be filed 

electronically via the Internet. See, 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site at http://www.ferc.gov/docs-filing/ 

efiling.asp. If unable to be filed 

electronically, documents may be paperfiled. To paper-file, an original and 

seven copies should be mailed to: 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426. Commenters 

can submit brief comments up to 6,000 

characters, without prior registration, 

using the eComment system at http:// 

www.ferc.gov/docs-filing/ 

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. 

Please include the project numbers 

(P–2090–008) on any comments, 

motions, or recommendations filed. 

k. Description of Request: The 

licensee in 2009 replaced the project’s 

turbine runner with a more efficient 

runner identical in design to the original 

runner. The runner replacement has not 

changed the project’s generating 

capacity but the hydraulic capacity of 

the unit increased by 14 percent from 

586 cfs to 670 cfs. 

l. Locations of the Application: A 

copy of the application is available for 

inspection and reproduction at the 

Commission’s Public Reference Room, 

located at 888 First Street NE., Room 

2A, Washington, DC 20426, or by calling 

(202) 502–8371. This filing may also be 

viewed on the Commission’s Web site at 

http://www.ferc.gov/docs-filing/ 

elibrary.asp. Enter the docket number 

excluding the last three digits in the 

docket number field to access the 

document. You may also register online 

at http://www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, call 1-(866) 208–3676 or 

email FERCOnlineSupport@ferc.gov, for 

TTY, call (202) 502–8659. A copy is also 

available for inspection and 

reproduction at the address in item (h) 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

In determining the appropriate action to 

take, the Commission will consider all 

protests or other comments filed, but 

only those who file a motion to 

intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any comments, 

protests, or motions to intervene must 

be received on or before the specified 

comment date for the particular 

application. 

o. Filing and Service of Responsive 

Documents: Any filing must (1) bear in 

all capital letters the title ‘‘Comments’’, 

‘‘Protest’’, or ‘‘Motion to Intervene’’ as 

applicable; (2) set forth in the heading 

the name of the applicant and the 

project number of the application to 

which the filing responds; (3) furnish 

the name, address, and telephone 

number of the person protesting or 

intervening; and (4) otherwise comply 

with the requirements of 18 CFR 

385.2001 through 385.2005. All 

comments, motions to intervene, or 

protests must set forth their evidentiary 

basis and otherwise comply with the 

requirements of 18 CFR 4.34(b). All 

comments, motions to intervene, or 

protests should relate to project works 

which are the subject of the license 

surrender. Agencies may obtain copies 

of the application directly from the 

applicant. A copy of any protest or 

motion to intervene must be served 

upon each representative of the 

applicant specified in the particular 

application. If an intervener files 

comments or documents with the 

Commission relating to the merits of an 

issue that may affect the responsibilities 

of a particular resource agency, they 

must also serve a copy of the document 

on that resource agency. A copy of all 

other filings in reference to this 

application must be accompanied by 

proof of service on all persons listed in 

the service list prepared by the 

Commission in this proceeding, in 

accordance with 18 CFR 4.34(b) and 

385.2010. 

Dated: December 28, 2011. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–33735 Filed 1–3–12; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9615–7] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Supplemental Notice of 

Proposed Consent Decree; Request for 

Public Comment. 

SUMMARY: On December 2, 2011, EPA 

provided notice in accordance with 

section 113(g) of the Clean Air Act, as 

amended (‘‘CAA’’ or the ‘‘Act’’), 42 

U.S.C. 7413(g), of a proposed consent 

decree to address a lawsuit filed by 

National Parks Conservation 

Association, Montana Environmental 

Information Center, Grand Canyon 

Trust, San Juan Citizens Alliance, Our 

Children’s Earth Foundation, Plains 

Justice, Powder River Basin Resource 

Council, Sierra Club, and 

Environmental Defense Fund 

(collectively ‘‘Plaintiffs’’) in the United 

States District Court for the District of 

Columbia: National Parks Conservation 

Association, et al. v. Jackson, No. 1:11- 

cv-1548 (D. DC). The proposed consent 

decree establishes proposed and final 

promulgation deadlines for EPA to 

promulgate regional haze federal 

implementation plans (FIPs) or approve 

regional haze state implementation 

plans (SIPs) for 34 states, as required by 

section 110(c) of the CAA. In EPA’s 

notice, we inadvertently failed to 

identify Arizona, Michigan, and New 

Mexico as states addressed by the 

proposed consent decree. Notice is 

hereby given that the proposed consent 

decree addresses these three states. We 

are extending the comment period to 

provide an opportunity to comment on 


wreier-aviles on DSK3TPTVN1PROD with NOTICES
282 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Notices 

the proposed consent decree as it affects 

these three states only. 

DATES: Written comments on the 

proposed consent decree as it affects 

Arizona, Michigan, and New Mexico 

must be received by February 3, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–0929, online at 

www.regulations.gov (EPA’s preferred 

method); by email to 

oei.docket@epa.gov; by mail 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. 

FOR FURTHER INFORMATION CONTACT: Lea 

Anderson, Air and Radiation Law Office 

(2344A), Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone: (202) 564–5571; 

fax number (202) 564–5603; email 

address: anderson.lea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

Under section 110(c) of the CAA, EPA 

has a mandatory duty to promulgate a 

federal implementation plan (‘‘FIP’’) 

within two years of a finding that a state 

has failed to make a required state 

implementation plan (‘‘SIP’’) submittal. 

EPA is not required to promulgate a FIP, 

however, if the state submits the 

required SIP and EPA approves the plan 

within the two years of EPA’s finding. 

On January 15, 2009, EPA found that 37 

states, the District of Columbia, and the 

U.S. Virgin Islands had failed to submit 

CAA SIPs for improving visibility in 

mandatory Federal Class I areas. 

The proposed consent decree would 

resolve a deadline suit filed by Plaintiffs 

for EPA to take action on a number of 

regional haze SIPs. The proposed 

consent decree would address, inter 

alia, EPA’s failure to promulgate 

regional haze FIPs or approve regional 

haze SIPs for 34 of the states that the 

Agency found on January 15, 2009 had 

failed to submit SIPs addressing the 

requirements of the regional haze 

program. EPA’s prior notice 

inadvertently excluded Arizona, 

Michigan, and New Mexico from the list 

of the 34 states addressed by the consent 

decree. In addition, EPA erroneously 

identified California, Montana, and 

North Dakota as states addressed by the 

proposed consent decree. These states 

are not addressed by the proposed 

consent decree. 

For a period of thirty (30) days 

following the date of publication of this 

supplemental notice, the Agency will 

accept written comments relating to the 

provisions in the proposed consent 

decree addressing Arizona, Michigan, 

and New Mexico from persons who 

were not named as parties or 

intervenors to the litigation in question. 

Other written comments on the 

proposed consent decree must be 

received by January 3, 2012. 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 that consent to this consent 

decree should be withdrawn, the terms 

of the proposed consent decree will be 

affirmed. 

Additional information about 

commenting on the proposed consent 

decree can be found in the notice 

published on December 2, 2011. 

Dated: December 23, 2011. 

Kevin McLean, 

Acting Associate General Counsel. 

[FR Doc. 2011–33759 Filed 1–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9615–8] 

Proposed Settlement Agreement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Settlement 

Agreement; 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 settlement 

agreement to address lawsuits filed by 

EnerNOC, Inc., EnergyConnect, Inc., 

CPower, Inc., and Innoventive Power, 

LLC (‘‘Petitioners’’) in the United States 

Court of Appeals for the District of 

Columbia Circuit: EnerNOC, et al v. 

EPA, No. 10–1090 (DC Cir.) and 

EnerNOC, et al v. EPA, No. 10–1336 (DC 

Cir.). Petitioners filed for review of two 

EPA rulemakings that revised the 

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines (the RICE NESHAP). Under the 

terms of the proposed settlement 

agreement, by April 20, 2012, the 

Agency will sign a notice of proposed 

rulemaking that includes a proposal to 

revise the RICE NESHAP and the 

stationary internal combustion engine 

new source performance standards (ICE 

NSPS) to allow owners and operators of 

emergency stationary internal 

combustion engines to operate 

emergency stationary internal 

combustion engines in emergency 

conditions, as defined in those 

regulations, as part of an emergency 

demand response program for 60 hours 

per year or the minimum hours required 

by Independent System Operator tariff, 

whichever is less. The notice of 

proposed rulemaking may also allow for 

more hours of operation. In addition, 

under the terms of the proposed 

settlement agreement, by December 14, 

2012, the Administrator of EPA will 

sign a final action on this proposal, 

which may include signature of a final 

rule by the Administrator. If EPA 

promulgates in final form an 

amendment to the RICE NESHAP and 

ICE NSPS that includes changes that are 

substantially the same substance as that 

set forth in the settlement agreement, 

then Petitioners shall promptly file a 

stipulation of dismissal of Nos. 10–1090 

and 10–1336. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by February 3, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–1030, online at 

www.regulations.gov (EPA’s preferred 

method); by email to 

oei.docket@epa.gov; by mail 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. 

FOR FURTHER INFORMATION CONTACT: 

Michael Horowitz, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 


wreier-aviles on DSK3TPTVN1PROD with NOTICES