51040 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices 

Dated: August 16, 2005. 

Clay Sell, 

Deputy Secretary.

Rate Schedule SNF–6 (Supersedes 

Schedule SNF–5) 

United States Department of Energy, 

Western Area Power Administration, 

Washoe Project, Stampede Division 

Schedule of Rates for Non-Firm Power 

Formula Rate 

Effective: October 1, 2005, through 

September 30, 2010. 

Available: Within the marketing area 

served by the Sierra Nevada Customer 

Service Region. 

Applicable: To preference customers 

under the 2004 Power Marketing Plan 

and to the Sierra Pacific Power 

Company under the terms of Contract 

No. 14–SAO–00010. 

Character and Conditions of Service:

Alternating current, 60 hertz, threephase, delivered and metered at the 

voltages and points established by 

contract. 

Non-Firm Power Formula Rate: The 

formula for the floor rate, per the 

contract with Sierra, is equal to 85 

percent of the then effective, non-time 

differentiated rate provided in Sierra’s 

California Quarterly Short-Term 

Purchase Price Schedule for as-available 

purchases from qualifying facilities with 

capacities of 100 kW or less. This floor 

rate is used to calculate the value of the 

SEEA and determines the benefit of 

Stampede power for project use loads. 

Western applies the ratio of projected 

project use costs to the projected 

revenue recorded in the SEEA to 

determine a non-reimbursable 

percentage. This non-reimbursable 

percentage is then applied to the 

appropriate power-related costs to 

determine the reimbursable costs. The 

reimbursable costs are reduced by the 

revenues from sales made at the floor 

rate. Under the 2004 Power Marketing 

Plan, the remaining reimbursable costs 

are then transferred to the CVP PRR. 

The formula rate for Stampede power 

is:

STAMPEDE ANNUAL TRANSFERRED PRR = STAMPEDE ANNUAL PRR¥STAMPEDE REVENUE

Where: 

Stampede Annual Transferred PRR = Stampede annual costs (Power Revenue Requirement) transferred to the CVP. 

Stampede Annual PRR = The total power revenue requirement for Stampede required to repay all reimbursable annual costs, including interest and the investment within the allowable period. 

Stampede Revenue = Revenue generated from the floor rate and project generation. 

Floor Rate = Per the contract with Sierra, is equal to 85 percent of the then effective, non-time differentiated rate provided in Sierra’s California Quarterly Short-Term Purchase Price Schedule for as-available purchases from qualifying facilities with capacities of 100 kW or 

less. 

Billing: Billing for the floor rate will 

be as specified in the service agreement. 

Adjustment for Losses: Losses will be 

accounted for under this rate schedule 

as stated in the service agreement.

[FR Doc. 05–17106 Filed 8–26–05; 8:45 am] 

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7961–2] 

Proposed Settlement Agreement, 

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 

(‘‘Act’’), 42 U.S.C. (7413(g), notice is 

hereby given of a proposed Consent 

Decree to address a lawsuit filed by Our 

Children’s Earth Foundation and the 

Sierra Club (collectively ‘‘Plaintiffs’’): 

Our Children’s Earth Found. et al. v. 

U.S. EPA, No. C 05–00094 CW (N.D. 

Cal.). On or about January 6, 2005, 

Plaintiffs filed a complaint alleging that 

EPA had failed to perform a nondiscretionary duty to review and, if 

appropriate, revise the new source 

performance standards (‘‘NSPS’’) for 

petroleum refineries and equipment 

leaks as required by Section 111(b) of 

the Clean Air Act, 42 U.S.C. 

7411(b)(1)(B). Under the terms of the 

proposed Consent Decree, deadlines are 

established for EPA to review and, if 

appropriate, revise the NSPS standards 

for Subparts J, VV and GGG, 40 CFR 

60.100–109, 60.480–498, 60.590–593.

DATES: Written comments on the 

proposed Consent Decree must be 

received by September 28, 2005.

ADDRESSES: Submit your comments, 

identified by docket ID number OGC–

2005–0013, online at http://

www.epa.gov/edocket (EPA’s preferred 

method); by e-mail 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 B102, 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 

WordPerfect 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:

Sonja Petersen, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460, telephone: (202) 

564–4079.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed Consent Decree would 

resolve the deadline suit filed by 

Plaintiffs alleging that EPA failed to 

review and, if appropriate, revise the 

new source performance standards 

(‘‘NSPS’’) for petroleum refineries and 

equipment leaks (NSPS subparts J, VV 

and GGG). The proposed Consent 

Decree establishes deadlines by which 

EPA must review and revise all 

standards in subparts J, VV, and GGG 

except to the extent that EPA sets forth 

a proposed determination that review 

and/or revision is not appropriate. The 

Consent Decree relates only to these 

deadlines. It does not require the 

Administrator to make any specific 

revisions to the standards. 

The Consent Decree provides the 

following schedule for reviewing and, if 

appropriate, revising these subparts. 

EPA must: (1) Within twelve months of 

entry of the Consent Decree, propose 

any appropriate revisions to the 

standards in NSPS subparts VV and 

GGG; (2) within twenty-four months of 

entry of the Consent Decree, sign a final 

rule containing any appropriate 

revisions to the standards in NSPS 

subparts VV and GG; (3) within eighteen 

months of entry of the Consent Decree,

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.