22786 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

indicate that the proposed settlement is 

inappropriate, improper or inadequate. 

EPA’s response to any comments 

received will be available for public 

inspection at EPA Region 2, 290 

Broadway, 17th floor, New York, New 

York 10007–1866. 

DATES: Comments must be provided by 

June 1, 2010. 

ADDRESSES: Comments should reference 

the Chemical Leaman Tank Lines, Inc. 

Superfund Site, EPA Index No. II– 

CERCLA–02–2010–2010 and should be 

sent to the U.S. Environmental 

Protection Agency, Office of Regional 

Counsel, New Jersey Superfund Branch, 

290 Broadway—17th Floor, New York, 

NY 10007. 

FOR FURTHER INFORMATION CONTACT: Juan 

M. Fajardo, Assistant Regional Counsel, 

New Jersey Superfund Branch, Office of 

Regional Counsel, U.S. Environmental 

Protection Agency, 17th Floor, 290 

Broadway, New York, New York 10007– 

1866. Telephone: 212–637–3132. 

SUPPLEMENTARY INFORMATION: A copy of 

the proposed administrative settlement, 

as well as background information 

relating to the settlement, may be 

obtained from Juan M. Fajardo, 

Assistant Regional Counsel, New Jersey 

Superfund Branch, Office of Regional 

Counsel, U.S. Environmental Protection 

Agency, 17th Floor, 290 Broadway, New 

York, New York 10007–1866. 

Telephone: 212–637–3132. 

Dated: April 12, 2010. 

Walter Mugdan, 

Director, Emergency and Remedial Response 

Division. 

[FR Doc. 2010–10143 Filed 4–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9143–7] 

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 

(‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 7413(g), 

notice is hereby given of a proposed 

consent decree to address a lawsuit filed 

by Sierra Club in the United States 

District Court for the Western District of 

Wisconsin: Sierra Club v. Jackson, No. 

09-cv-0751 (W.D. WI). Plaintiff filed a 

deadline suit to compel the 

Administrator to respond to an 

administrative petition seeking EPA’s 

objection to a CAA Title V operating 

permit issued by the Wisconsin 

Department of Natural Resources to 

Wisconsin Public Service Corporation’s 

J.P. Pulliam Generating Station in Green 

Bay, Wisconsin. Under the terms of the 

proposed consent decree, EPA has 

agreed to respond to the petition by June 

4, 2010, or within 20 days of the entry 

date of this Consent Decree, whichever 

is later. 

DATES: Written comments on the 

proposed consent decree must be 

received by June 1, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–XXXX, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail 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: 

Amy Branning, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–1744; fax number (202) 564–5603; 

e-mail address: branning.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

This proposed consent decree would 

resolve a lawsuit alleging that the 

Administrator failed to perform a 

nondiscretionary duty to grant or deny, 

within 60 days of submission, an 

administrative petition to object to a 

CAA Title V permit issued by the 

Wisconsin Department of Natural 

Resources to Wisconsin Public Service 

Corporation’s J.P. Pulliam Generating 

Station in Green Bay, Wisconsin. Under 

the terms of the proposed consent 

decree, EPA has agreed to respond to 

the petition by June 4, 2010, or within 

20 days of the entry date of this Consent 

Decree, whichever is later. In addition, 

the proposed consent decree further 

states that, within 15 business days 

following signature, EPA shall deliver 

notice of such action to the Office of the 

Federal Register for prompt publication 

and, if EPA’s response contains an 

objection in whole or in part, transmit 

the signed response to the Wisconsin 

Department of Natural Resources. The 

proposed consent decree sets the 

attorneys’ fees at $2,624.71, and states 

that, after EPA fulfills its obligations 

under the decree, the case shall be 

dismissed with prejudice. 

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 are 

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–2010–XXXX) 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, 

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 http:// 

www.regulations.gov. You may use 

http://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 

submitted electronically or on paper, 

will be made available for public 

viewing online at http:// 

www.regulations.gov without change, 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22787 

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 e-mail 

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 http://www.regulations.gov 

website 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, e-mail 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 (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail comment 

directly to the Docket without going 

through http://www.regulations.gov, 

your e-mail 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 23, 2010. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2010–10149 Filed 4–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9143–6] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit 

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 a lawsuit filed by 

Louisiana Environmental Action 

Network and Concerned Citizens of 

Livingston Parish: Louisiana 

Environmental Action Network v. 

Jackson, Civil Action No. 1:09–cv– 

01943–HHK (D. D.C.). On or about 

October 13, 2009, Louisiana 

Environmental Action Network and 

Concerned Citizens of Livingston Parish 

filed a complaint alleging that EPA 

Administrator Jackson failed to fulfill a 

mandatory duty to respond to an 

administrative petition to object to 

issuance of air permit No. 1740– 

00025V1 to Waste Management for the 

Woodside Landfill in Walker, 

Livingston Parish Louisiana (the 

‘‘Woodside Petition’’) within the 60 days 

specified in section 505(b)(2) of the 

Clean Air Act and asking the court to 

enter judgment: (i) Declaring that EPA’s 

failure to perform its nondiscretionary 

duty to grant or deny the administrative 

petition within 60 days is a violation of 

Clean Air Act section 505(b); and, (ii) 

Ordering EPA to grant or deny the 

administrative petition within 60 

calendar days of the court’s ruling. 

Under the terms of the proposed 

settlement agreement, EPA agrees to 

sign a response to the Woodside Petition 

no later than May 28, 2010. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by June 1, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0400 online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail 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: Rick 

Vetter, 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; e-mail 

address: vetter.rick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement or Consent Decree 

On October 13, 2009, Louisiana 

Environmental Action Network, a nonprofit conservation organization, and 

Concerned Citizens of Livingston 

Parish, a non-profit corporation, 

(hereinafter collectively ‘‘LEAN’’) filed a 

complaint in the United States District 

Court for the District of Columbia (Civil 

Action No. 1:09–cv–01943–HHK). In the 

complaint, LEAN alleges that EPA has 

failed to fulfill a mandatory duty to 

respond to an administrative petition to 

object to issuance of air permit No. 

1740–00025V1 to Waste Management 

for the Woodside Landfill in Walker, 

Livingston Parish Louisiana (the 

‘‘Woodside Petition’’) within the 60 days 

specified in section 505(b)(2) of the 

Clean Air Act. 

The EPA and LEAN chose to enter 

into a proposed settlement agreement to 

avoid protracted and costly litigation 

and to preserve judicial resources. 

Under the terms of the proposed 

settlement agreement, EPA is to sign a 

response to the Woodside Petition no 

later than May 28, 2010. 

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 

settlement agreement 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 settlement agreement if the 

comments disclose facts or 

considerations that indicate that such 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1