Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 51041 

propose any appropriate revisions to the 

standards in NSPS subpart J; and (4) 

within thirty months from the date of 

entry of the Consent Decree, sign a final 

rule containing any appropriate 

revisions to the standards in NSPS 

subpart J. In addition, under the 

proposed Consent Decree, EPA would 

acknowledge that plaintiffs are eligible 

and entitled to recover their litigation 

costs in this action. On July 22, 2005, 

the parties filed with the Court a notice 

of lodging of the Consent Decree. This 

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 or interveners 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 determine, based on any 

comment which may be submitted, that 

consent to the settlement agreement 

should be withdrawn, the terms of the 

Consent 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? 

EPA has established an official public 

docket for this action under Docket ID 

No. OGC–2005–0013 which contains a 

copy of the 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 B102, 

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 EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, to 

access the index listing the contents of 

the official public docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket identification 

number. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

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 EPA’s 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. 

Your use of EPA’s electronic public 

docket 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 EPA’s electronic public docket, 

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: August 18, 2005. 

Richard B. Ossias, 

Acting Associate General Counsel, Air and 

Radiation Law Office, Office of General 

Counsel. 

[FR Doc. 05–17123 Filed 8–26–05; 8:45 am] 

BILLING CODE 6560–50–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7961–5] 

Notice of Termination of 

Environmental Impact Statement for 

the Comprehensive Port Improvement 

Plan Within the Port of New York and 

New Jersey (PONYNJ) 

AGENCY: U.S. Environmental Protection 

Agency (EPA), U.S. Army Corps of 

Engineers (USACE), and Federal 

Highway Administration (FHWA) acting 

as Federal co-lead agencies. 

SUMMARY: The Federal co-lead agencies, 

EPA, USACE, FHWA are canceling the 

preparation of an Environmental Impact 

Statement (EIS) for the Comprehensive 

Port Improvement Plan (CPIP–EIS) for 

the PONYNJ. As originally planned, the 

CPIP and CPIP–EIS would define 

economically viable and 

environmentally sound Port facilities 

and associated transportation network 

improvement initiatives to the year 

2060; consider separate, ongoing, and 

planned environmental enhancements 

to natural resources of the Port and 

associated transportation network; 

incorporate Green Port principles to the 

maximum extent practicable; and 

evaluate, avoid, minimize, and mitigate 

adverse environmental effects. EPA, on 

behalf of all three Federal co-lead 

agencies, published a Notice of Intent to 

prepare an EIS for the CPIP in the 

Federal Register (68 FR 19207, April 18, 

2003). The three federal co-lead 

agencies conducted several public 

scoping meetings in December 2003 and 

January 2004. 

51042 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

The CPIP presents an array of 

conceptual long-term port improvement 

scenarios, some of which would involve 

future federal activities were they to be 

advanced to the status of a real project. 

Any future port-improvement projects 

involving federal actions, as defined 

under NEPA, would be required to 

undergo the applicable environmental 

review process. Given the considerable 

time period before the conceptual 

improvements identified in the CPIP 

Plan would become actual proposed 

projects with sponsors, a detailed 

environmental review and analysis, as 

conducted in an EIS, is not warranted at 

this time. As a result, the Federal colead agencies are canceling the EIS 

process. In the short-term, a 

programmatic analysis in the form of an 

Environmental Assessment will be 

prepared to identify what type of 

environmental review could be 

expected of any improvement projects 

that may be proposed. This 

programmatic Environmental 

Assessment will be available for public 

review in Fall 2005. 

FOR FURTHER INFORMATION CONTACT: 

Grace Musumeci, U.S. Environmental 

Protection Agency, (212) 637–3738; 

Bryce Wisemiller, U.S. Army Corps of 

Engineers, (917) 790–8307; Richard E. 

Backlund, Federal Highway 

Administration, (212) 668–2205. 

Dated: August 4, 2005. 

Kathleen C. Callahan, 

Acting Regional Administrator, Region 2. 

[FR Doc. 05–17125 Filed 8–26–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OW–2004–0032; FRL–7959–8] 

RIN 2040–AE76 

Notice of Availability of Preliminary 

2006 Effluent Guidelines Program Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of preliminary 2006 

Effluent Guidelines Program Plan; 

request for comments. 

SUMMARY: Under the Clean Water Act 

(CWA), EPA establishes national 

technology-based regulations known as 

effluent guidelines and pretreatment 

standards to reduce pollutant discharges 

from categories of industry discharging 

directly to waters of the United States or 

discharging indirectly through Publicly 

Owned Treatment Works (POTWs). The 

CWA sections 301(d), 304(b), 304(g), 

and 307(b) require EPA to annually 

review these effluent guidelines and 

pretreatment standards. Today’s notice 

first presents EPA’s 2005 review of its 

existing effluent guidelines and 

pretreatment standards. It also presents 

EPA’s evaluation of categories of 

indirect dischargers without 

pretreatment standards to identify 

potential new categories for 

pretreatment standards. CWA section 

304(m) requires EPA to biennially 

publish an effluent guidelines program 

plan and provide for public notice and 

comment on such plan. Therefore, this 

notice also presents the preliminary 

2006 effluent guidelines program plan. 

Included in the preliminary 2006 plan 

is a solicitation for comments and data 

on industry categories that may be 

discharging non-trivial amounts of toxic 

or non-conventional pollutants and are 

not currently subject to any effluent 

guidelines. Finally, this notice provides 

a second opportunity for public notice 

and comment on the draft Strategy for 

National Clean Water Industrial 

Regulations (‘‘draft Strategy’’), see 67 FR 

71165 (November 29, 2002). 

DATES: If you wish to comment on any 

portion of this notice, EPA must receive 

your comments by October 28, 2005. 

EPA will conduct a public meeting on 

20 September 2005, from 9 a.m. to 12 

p.m. Eastern Standard Time. For 

information on the location of the 

public meeting, see ADDRESSES section. 

ADDRESSES: Identify your comments, 

data and information relating to the 

Agency’s draft Strategy; by Docket ID 

No. OW–2002–0020. Identify all other 

comments, data and information 

relating to this notice by Docket ID No. 

OW–2004–0032. Submit your 

comments, data and information by one 

of the following methods: 

A. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

B. Agency Website: http:// 

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments, data, and 

information. Follow the on-line 

instructions for submitting comments. 

C. E-mail: OW-Docket@epa.gov. 

D. Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 4101T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, Attention 

Docket ID No. OW–2004–0032. For 

comments, data, and information on the 

draft Strategy, use Docket ID No. OW–

2002–0020. 

E. Hand Delivery: Water Docket, EPA 

Docket Center, EPA West, Room B102, 

1301 Constitution Ave., NW., 

Washington, DC, Attention Docket ID 

No. OW–2004–0032. Use Docket ID No. 

OW–2002–0020 for comments, data, and 

information on the draft Strategy. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments, 

data, and information to Docket ID No. 

OW–2004–0032. For comments, data, 

and information on the draft Strategy, 

use Docket ID No. OW–2002–0020. 

EPA’s policy is that all comments, data, 

and information received will be 

included in the public docket without 

change and may be made available 

online at http://www.epa.gov/edocket, 

including any personal information 

provided, unless the material includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through EDOCKET, regulations.gov, or 

e-mail information that you consider to 

be CBI or otherwise protected. The EPA 

EDOCKET and the federal 

regulations.gov websites are 

‘‘anonymous access’’ systems, 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 

EDOCKET or 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 cannot 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 additional information 

about EPA’s public docket visit 

EDOCKET on-line or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

For additional instructions on obtaining 

access to comments, go to section I.B of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy