Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Notices 8063 

and pursuant to section 102(2)(C) of the 

National Environmental Policy Act of 

1969, as amended, and 40 CFR 1508.22, 

the Department of the Interior, acting 

through Reclamation, provided notice of 

its intent to prepare an EIS and conduct 

public scoping meetings for the 

adoption of a Long-Term Experimental 

Plan for the operation of Glen Canyon 

Dam and other associated management 

activities. 

In a Federal Register notice published 

on December 12, 2006, (71 FR 74556–

74558), Reclamation provided notice of 

public scoping meetings on the 

adoption of a Long-Term Experimental 

Plan for the operation of Glen Canyon 

Dam and other associated management 

activities. Accordingly, public scoping 

meetings were held in December 2006 

and January 2007. Reclamation 

published a March 2007 scoping report 

following the conclusion of the scoping 

process. This report is available on 

Reclamation’s internet site at: http:// 

www.usbr.gov/uc/rm/gcdltep/scoping/

FinalScopingReport.pdf. 

During 2006 and 2007, a significant 

volume of sediment has been carried by 

storms into the mainstem of the 

Colorado River below Glen Canyon Dam 

and sediment retention in the Grand 

Canyon below Glen Canyon Dam was 

higher than anticipated, leading to the 

largest accumulation of sediment in this 

reach of the Colorado River since 1998. 

During this period, important new 

information has become available 

regarding the stabilizing and improving 

status of the endangered humpback 

chub. As a result, in December 2007, 

Reclamation re-initiated Endangered 

Species Act Section 7 consultation with 

the U.S. Fish and Wildlife Service on 

the operation of Glen Canyon Dam. 

Reclamation’s December 2007 Biological 

Assessment filed with the U.S. Fish and 

Wildlife Service is available on 

Reclamation’s Internet site at: http:// 

www.usbr.gov/uc/envdocs/ba/gcExpFlow/2007BA.pdf. 

The Section 7 consultation is based 

on a proposed short-term set of 

experimental flow actions to be initiated 

beginning in March 2008 to, in part, 

capitalize on a unique experimental 

opportunity that will utilize the recent 

high sediment input to the Grand 

Canyon. A proposed March 2008 highflow release would build on knowledge 

gained through previous high flow 

experiments in 1996 and 2004. 

Beginning in September 2008, 

Reclamation proposes to initiate steady 

flow operations for a period of two 

months (September–October) during 

each of the next five years (2008 through 

2012). These proposed steady flow 

releases would build on knowledge 

gained through previous steady flow 

experiments in 2000. These 

experimental high and steady flows 

have been designed and proposed to 

assist in—and assess the long term 

benefits of—the conservation of 

endangered humpback chub and fine 

sediment along the Colorado River 

downstream of Glen Canyon Dam. 

As of the date of this Federal Register 

notice, the U.S. Fish and Wildlife 

Service is preparing a Biological 

Opinion on the proposed short-term 

experimental flow actions, and 

Reclamation is preparing an 

Environmental Assessment on the 

proposed action. A final decision on 

whether to conduct the proposed 

experimental flow actions is expected to 

be made in February 2008, after 

appropriate environmental compliance 

activities are complete. After 

completion of these ongoing 

environmental compliance activities, 

Reclamation will reassess the proposed 

Long-Term Experimental Plan and any 

other associated environmental 

compliance activities. The Long-Term 

Experimental Plan approach will then 

be updated to integrate any decisions 

that are reached regarding Reclamation’s 

proposed short-term experimental flow 

actions. 

Dated: February 4, 2008. 

Larry Walkoviak, 

Regional Director, UC Region, Bureau of 

Reclamation. 

[FR Doc. E8–2534 Filed 2–11–08; 8:45 am] 

BILLING CODE 4310–MN–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

Notice of Proposed Information 

Collection for 1029–0067 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, 

Department of the Interior. 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Office of Surface Mining Reclamation 

and Enforcement (OSM) is announcing 

its intention to request renewed 

authority for the collection of 

information for 30 CFR part 705 and the 

Form OSM–23, Restriction on financial 

interests of State employees. 

DATES: Comments on the proposed 

information collection must be received 

by April 14, 2008, to be assured of 

consideration. 

ADDRESSES: Comments may be mailed to 

John A. Trelease, Office of Surface 

Mining Reclamation and Enforcement, 

1951 Constitution Ave., NW., Room 

202—SIB, Washington, DC 20240. 

Comments may also be submitted 

electronically to jtrelease@osmre.gov. 

FOR FURTHER INFORMATION CONTACT: To 

request a copy of the information 

collection requests, explanatory 

information and related forms, contact 

John A. Trelease, at (202) 208–2783. 

You may also review the collection 

request at http://www.reginfo.gov/ 

public/do/PRAMain. 

SUPPLEMENTARY INFORMATION: The Office 

of Management and Budget (OMB) 

regulations at 5 CFR 1320, which 

implement provisions of the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13), 

require that interested members of the 

public and affected agencies have an 

opportunity to comment on information 

collection and recordkeeping activities 

[see 5 CFR 1320.8 (d)]. This notice 

identifies an information collection that 

OSM will be submitting to OMB for 

approval. This collection is contained in 

30 CFR part 705 and the Form OSM–23, 

Restriction on financial interests of State 

employees. OSM will request a 3-year 

term of approval for this information 

collection activity. 

Comments are invited on: (1) The 

need for the collection of information 

for the performance of the functions of 

the agency; (2) the accuracy of the 

agency’s burden estimates; (3) ways to 

enhance the quality, utility and clarity 

of the information collection; and (4) 

ways to minimize the information 

collection burden on respondents, such 

as use of automated means of collection 

of the information. A summary of the 

public comments will accompany 

OSM’s submission of the information 

collection request to OMB. 

The following information is provided 

for the information collection: (1) Title 

of the information collection; (2) OMB 

control number; (3) summary of the 

information collection activity; and (4) 

frequency of collection, description of 

the respondents, estimated total annual 

responses, and the total annual 

reporting and recordkeeping burden for 

the collection of information. 

Title: Restrictions on financial 

interests of State employees, 30 CFR 

705. 

OMB Control Number: 1029–0067. 

Summary: Respondents supply 

information on employment and 

financial interests. The purpose of the 

collection is to ensure compliance with 

section 517(g) of the Surface Mining 

control and Reclamation Act of 1977, 

which placed an absolute prohibition on 

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8064 Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Notices 

having a direct or indirect financial 

interest in underground or surface coal 

mining operations. 

Bureau Form Number: OSM–23. 

Frequency of Collection: Entrance on 

duty and annually. 

Description of Respondents: Any State 

regulatory authority employee or 

member of advisory boards or 

commissions established in accordance 

with State law or regulation to represent 

multiple interests who performs any 

function or duty under the Surface 

Mining Control and Reclamation Act. 

Total Annual Responses: 3,540 

Total Annual Burden Hours: 1,184. 

Dated: February 1, 2008. 

John R. Craynon, 

Chief, Division of Regulatory Support. 

[FR Doc. 08–598 Filed 2–11–08; 8:45 am] 

BILLING CODE 4310–05–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Modification In United States V. East 

Kentucky Power Cooperative, Inc. 

Under the Clean Air Act 

Under 28 CFR 50.7, notice is hereby 

given that on February 5, 2008, a 

proposed modification (‘‘Modification’’) 

to a consent decree (‘‘Consent Decree’’) 

between East Kentucky Power 

Cooperative, Inc. (‘‘EKPC’’) and the 

United States, Civil Action No. 04–34–

KSF, was lodged with the United States 

District Court for the Eastern District of 

Kentucky. 

The original Consent Decree was 

lodged with the United States District 

Court for the Eastern District of 

Kentucky on July 2, 2007, and entered 

by the Court on September 24, 2007. 

The Consent Decree resolved claims 

asserted by the United States against 

EKPC pursuant to Sections 113(b) and 

167 of the Clean Air Act (the ‘‘Act’’), 42 

U.S.C. 7413(b) and 7477, seeking 

injunctive relief and the assessment of 

civil penalties for EKPC’s violations of: 

(a) The Prevention of Significant 

Deterioration (‘‘PSD’’) provisions in Part 

C of Subchapter I of the Act, 42 U.S.C. 

7470–92; 

(b) The New Source Performance 

Standards (‘‘NSPS’’) provisions of the 

Act, 42 U.S.C. 7411; 

(c) Title V of the Act, 42 U.S.C. 7661, 

et seq.; and 

(d) The federally-enforceable State 

Implementation Plan (‘‘SIP’’) developed 

by the Commonwealth of Kentucky. 

See 72 FR 37797 (July 11, 2007). 

EKPC operates three coal-fired power 

plants in Kentucky: the Spurlock Plant, 

located near Maysville, Kentucky, the 

Dale Plant, located near Winchester, 

Kentucky, and the Cooper Plant, located 

near Somerset, Kentucky. The 

complaint filed by the United States 

alleged that EKPC modified Spurlock 

Unit 2 and Dale Units 3 and 4 without 

complying with PSD (including the 

requirements to first obtain a PSD 

permit authorizing the modifications 

and to install and operate the best 

available technology to control 

emissions of sulfur dioxide (‘‘SO2’’), 

nitrogen oxides (‘‘NOX’’), and/or 

particulate matter (‘‘PM’’)), and 

modified Dale Units 3 and 4 without 

complying with NSPS. The Complaint 

also alleged that EKPC violated Title V 

of the Act by failing to include the PSD 

and NSPS requirements triggered by its 

modifications in its Title V operating 

permits for the Spurlock and Dale 

plants. Finally, the Complaint alleged 

that EKPC illegally operated Spurlock 

Unit 2 at heat input capacities that were 

higher than allowed by its operating 

permit. 

The Consent Decree entered by the 

Court on September 24, 2007 requires, 

inter alia, that EKPC reduce SO2, NOX

and PM emissions at its plants through 

the installation and operation of stateof-the-art pollution control technologies 

and/or the retirement or re-powering of 

certain units. The proposed 

Modification would extend by up to 60 

days the time for EKPC to comply with 

the Consent Decree’s 30-day rolling 

average emission rates for NOX

applicable to Spurlock Unit 1. The 

extension relates to a transformer failure 

at the Spurlock Plant that altered 

EKPC’s scheduled installation of a third 

catalyst layer for selective catalytic 

reduction (‘‘SCR’’) controls at Spurlock 

Unit 1, which resulted in EKPC’s 

inability to operate the SCR in time to 

meet the applicable 30-day rolling 

average emission rates for NOX. The 

Modification also requires EKPC to 

mitigate the effect of the excess 

emissions caused by the delay, by 

retiring NOX allowances equal to the 

amount of excess emissions, plus a 

premium of ten percent. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Modification. Comments 

should be addressed to the Assistant 

Attorney General, Environment and 

Natural Resources Division, and either 

e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to United States v. East 

Kentucky Power Cooperative, D.J. Ref. 

No. 90–5–2–1–08085. 

The Modification may be examined at 

the Office of the United States Attorney, 

Eastern District of Kentucky, 260 West 

Vine Street, Suite 300, Lexington, 

Kentucky, 40507–1612, and at U.S. EPA 

Region IV, 61 Forsyth Street, SW., 

Atlanta, Georgia, 30303–8960. During 

the public comment period, the 

Modification may also be examined on 

the following Department of Justice Web 

site, http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Modification may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $1.75 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

W. Benjamin Fisherow, 

Deputy Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. E8–2493 Filed 2–11–08; 8:45 am] 

BILLING CODE 4410–CW–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’) 

Under the policy set out at 28 CFR 

50.7, notice is hereby given that on 

February 7, 2008, the United States 

lodged with the United States District 

Court for the District of Montana a 

proposed consent decree (‘‘Consent 

Decree’’) in the case of United States v. 

Atlantic Richfield Company, et al., Civil 

Action No. CV–89–39–BU–SEH. The 

Consent Decree pertains primarily to the 

Clark Fork River Operable Unit (the 

‘‘Clark Fork Site’’) in southwestern 

Montana. The settlement would resolve 

the claims brought by the United States 

against the Atlantic Richfield Company 

under Section 107 of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act of 1980, as amended (‘‘CERCLA’’), 

42 U.S.C. 9607, for the recovery of costs 

incurred and to be incurred in 

responding to releases and threatened 

releases of hazardous substances at the 

Clark Fork Site. Under the terms of the 

proposed Consent Decree, Atlantic 

mstockstill on PROD1PC66 with NOTICES