23562 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9803–8] 

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 the Clean 

Air Act, as amended (‘‘CAA’’), notice is 

hereby given of a proposed consent 

decree, to resolve a lawsuit filed by 

Clean Air Council in the United States 

District Court for the District of 

Columbia: Clean Air Council v. Jackson, 

No. 1:12-cv-00707 (D. DC). On May 2, 

2012, Plaintiff filed a complaint alleging 

that EPA failed to promulgate a Federal 

Implementation Plan (‘‘FIP’’) as 

mandated by the CAA, addressing 

certain nonattainment planning 

provisions for the 1997 fine particulate 

matter National Ambient Air Quality 

Standard (‘‘NAAQS’’) in the 

Commonwealth of Pennsylvania 

(‘‘Pennsylvania’’). The complaint also 

alleges that EPA failed to make a 

determination regarding whether the 

Liberty-Clairton nonattainment area in 

Pennsylvania (‘‘Liberty-Clairton Area’’) 

has attained the 1997 fine particulate 

matter NAAQS by the applicable 

attainment date as mandated by the 

CAA,. The proposed consent decree 

establishes deadlines for EPA to take 

action. 

DATES: Written comments on the 

proposed consent decree must be 

received by May 20, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2013–0234, online at 

www.regulations.gov (EPA’s preferred 

method); by email 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. 

FOR FURTHER INFORMATION CONTACT: 

David Orlin, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–1222; fax number (202) 564–5601; 

email address: orlin.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit filed by the Clean Air 

Council seeking to compel the Agency 

to satisfy certain mandatory duties 

under the Clean Air Act. Specifically 

the consent decree provides for EPA to 

promulgate a FIP by December 15, 2013, 

for the Liberty-Clairton Area including 

the following elements: an attainment 

demonstration, emission inventory, 

reasonably available control measures/ 

reasonably available control technology 

(‘‘RACM/RACT’’), reasonable further 

progress (‘‘RFP’’), and contingency 

measures for the 1997 fine particulate 

matter annual NAAQS under CAA 

section 110(c)(1)(A), 42 U.S.C. 

7410(c)(1)(A). However, pursuant to 

CAA section 110(k)(3), 42 U.S.C. 

7410(k)(3), should EPA approve a state 

implementation plan for the LibertyClairton Area to attain the 1997 fine 

particulate matter annual NAAQS for 

any of the elements listed above, EPA’s 

obligation to promulgate a federal 

implementation plan for that element is 

void. In addition, should EPA make a 

determination that the Liberty Clairton 

Area has attained the 1997 fine 

particulate matter annual NAAQS prior 

to December 15, 2013 and has not 

revoked that determination by 

December 15, 2013, the obligation to 

promulgate a FIP for an attainment 

demonstration, reasonably available 

control measures/reasonably available 

control technology (‘‘RACM/RACT’’), 

reasonable further progress (‘‘RFP’’), and 

contingency measures is void. The 

proposed consent decree also provides 

for EPA to make a determination by 

December 15, 2013, as to whether the 

Liberty-Clairton Area attained the 1997 

fine particulate matter annual NAAQS 

by the applicable attainment date, 

unless as of December 15, 2013, EPA 

has signed a final notice extending the 

attainment deadline for the 1997 fine 

particulate matter annual NAAQS for 

the Liberty-Clairton Area to a date after 

April 5, 2010. 

Under the proposed consent decree, 

within 15 business days following 

signature of each final action described 

in the proposed consent decree, EPA 

shall deliver the notice to the Office of 

the Federal Register for review and 

publication in the Federal Register. 

After EPA fulfills its obligations under 

the consent decree, the consent decree 

provides that this case shall be 

dismissed with prejudice. 

The proposed consent decree also 

states that the consent decree can be 

modified by the parties, or by the court 

following a motion by a party and a 

response thereto. In addition, the parties 

agree to seek to resolve informally Clean 

Air Council’s claim for litigation costs 

pursuant to 42 U.S.C. 7604(d), but the 

court would retain jurisdiction to 

resolve that claim. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept 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 that consent to this 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. 

EPA–HQ–OGC–2013–0234) contains a 

copy of the proposed consent decree 

(including Attachment A). 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 3334, 

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 

www.regulations.gov. You may use the 

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, key in the appropriate docket 

identification number then select 

‘‘search’’. 

It is important to note that EPA’s 

policy is that public comments, whether 

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Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Notices 23563 

submitted electronically or in paper, 

will be made available for public 

viewing online at 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 email 

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 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, email 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 (email) 

system is not an ‘‘anonymous access’’ 

system. If you send an email comment 

directly to the Docket without going 

through www.regulations.gov, your 

email 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: April 8, 2013. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2013–09294 Filed 4–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9805–2; CERCLA–04–2013–3751] 

LWD, Inc. Superfund Site; Calvert City, 

Marshall County, Kentucky; Notice of 

Settlement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Settlement. 

SUMMARY: Under 122(h) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency has 

entered into a settlement with one 

hundred twenty-five (125) parties and 

nineteen (19) Federal Agencies 

addressing past costs concerning the 

LWD, Inc., Superfund Site located in 

Calvert City, Marshall County, 

Kentucky. The settlement addresses 

costs from a federally funded Removal 

Action taken by EPA at the Site and 

response costs incurred by the settling 

parties in connection with the Site 

pursuant to a 2007 work AOC. 

DATES: The Agency will consider public 

comments on the settlement until May 

20, 2013. 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. 

ADDRESSES: Copies of the settlement are 

available from EPA’s Environmental 

Protection Specialist, Ms. Paula V. 

Painter. Submit your comments by Site 

name LWD, Inc., Superfund Site by one 

of the following methods: 

• www.epa.gov/region4/superfund/ 

programs/enforcement/ 

enforcement.html 

• Email. Painter.Paula@epa.gov 

• U.S. Environmental Protection 

Agency, Attn: Paula V. Painter, 

Superfund Division, 61 Forsyth Street 

SW., Atlanta, Georgia 30303 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

Dated: April 11, 2013. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. 2013–09306 Filed 4–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[GN Docket No. 13–86; DA 13–581] 

FCC Reduces Backlog of Broadcast 

Indecency Complaints by 70% (More 

Than One Million Complaints); Seeks 

Comments on Adopting Egregious 

Cases Policy 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In this document, the Federal 

Communications Commission 

Enforcement Bureau and Office of 

General Counsel seek comment on 

whether the full Commission should 

make changes to its current broadcast 

indecency policies or maintain them as 

they are. For example, should the 

Commission treat isolated expletives in 

a manner consistent with its decision in 

Pacifica Foundation, Inc. or instead 

maintain the approach to isolated 

expletives set forth in its decision in 

Complaints Against Various Broadcast 

Licensees Regarding Their Airing of the 

‘‘Golden Globe Awards’’ Program? As 

another example, should the 

Commission treat isolated (non-sexual) 

nudity the same as or differently than 

isolated expletives? Commenters are 

invited to address these issues as well 

as any other aspect of the Commission’s 

substantive indecency policies. 

DATES: Written comments may be filed 

on or before May 20, 2013. Reply 

comments may be filed on or before 

June 18, 2013. 

ADDRESSES: Office of the Secretary, 

Federal Communications Commission, 

445 12th Street SW., Washington, DC 

20554. See Supplementary Information. 

FOR FURTHER INFORMATION CONTACT: 

Eloise Gore, Associate Bureau Chief, 

Enforcement Bureau, at (202) 418–1066 

or Jacob Lewis, Associate General 

Counsel, Office of the General Counsel, 

at (202) 418–1767. Please direct press 

inquiries to Mark Wigfield at (202) 418– 

0253. 

SUPPLEMENTARY INFORMATION: Each 

document that is filed in this 

proceeding must display the docket 

number of this Notice, GN Docket No. 

13–86, on the front page. The Public 

Notice, DA 13–581, released April 1, 

2013, is available for inspection and 

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