26176 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Notices

June 24, 1996 or 30 days after the

publication date of a similar notice in

local newspapers.

ADDRESSES: Administrative Records.

The administrative records for the draft

opt-in permits, except information

protected as confidential, may be

viewed during normal operating hours

at the following locations:

For Dupont: EPA Region 4 Library,

EPA Region 4, 345 Courtland Street NE,

Atlanta, GA 30365.

For Warrick: EPA Region 5, Ralph H.

Metcalfe Federal Bldg., 77 West Jackson

Blvd., Chicago, IL 60604.

Comments. Send comments to the

following addresses:

For Dupont: Winston Smith, Director,

Air, Pesticides and Toxics Management

Division, EPA Region 4 (address above).

For Warrick: David Kee, Director, Air

and Radiation Division, EPA Region 5

(address above).

Submit comments in duplicate and

identify the commenter’s name, address,

and telephone number, and the

commenter’s interest in the matter and

affiliation, if any, to the owners and

operators of the units covered by the

permits. All timely comments will be

considered, except those pertaining to

standard provisions under 40 CFR 72.9

and issues not relevant to the permits.

Hearings. To request a public hearing,

state the issues proposed to be raised in

the hearing. EPA may schedule a

hearing if EPA finds that it will

contribute to the decision-making

process by clarifying significant issues

affecting the draft permits.

FOR FURTHER INFORMATION CONTACT: For

Dupont: Jenny Jachim, (404) 347–3555,

extension 4166, EPA Region 4; for

Warrick: Cecilia Mijares, (312) 886–

0968, EPA Region 5.

SUPPLEMENTARY INFORMATION: The Optin Program, as part of the Acid Rain

Program, is designed to allow certain

non-utility units that are otherwise not

obligated to participate in the Acid Rain

Program (‘‘unaffected’’ units) to

voluntarily elect to become affected and

subject to the requirements of the Acid

Rain Program. As such, opt-in units

must hold allowances to account for

sulfur dioxide emissions, monitor

emissions in the same way that other

affected sources do, and apply for and

obtain an opt-in permit. The U.S.

Environmental Protection Agency is

issuing for comment draft opt-in permits

for the DuPont and Warrick facilities in

accordance with the Acid Rain Permits

and Opt-in regulations (40 CFR parts 72

and 74, respectively). The draft permit

for DuPont specifies the following

allowances to be allocated annually by

EPA to each boiler (unit) at DuPont: 889

for 1996 and 1,778 for each year 1997

through 1999 to unit JVD–1; 889 for

1996 and 1,778 for each year 1997

through 1999 to unit JVD–2; 889 for

1996 and 1,777 for each year 1997

through 1999 to unit JVD–3; 888 for

1996 and 1,777 for each year 1997

through 1999 to unit JVD–4. These

allowances will be transferred annually

from the EPA Allowance Tracking

System (ATS) accounts for DuPontJohnsonville Plant, units JVD–1, JVD–2,

JVD–3 and JVD–4, into the ATS

accounts for Tennessee Valley Authority

(TVA)-Johnsonville Plant, units 1, 2, 3,

and 4, because the TVA-Johnsonville

units are replacing the thermal energy

formerly produced at the DupontJohnsonville Plant, as specified in the

opt-in permit application and Thermal

Energy Plan between DuPontJohnsonville Plant and TVAJohnsonville Plant in the draft permit.

The allowance transfer will be adjusted

according to the actual level of

replacement documented in the opt-in

source’s and the replacement units’

annual compliance certification report.

The draft permit for Warrick specifies

the following allowances to be allocated

annually by EPA to each boiler (unit) at

Warrick: 15,272 for 1996 and 30,372 for

each year 1997 through 1999 to unit 1;

15,895 for 1996 and 30,732 for each year

1997 through 1999 to unit 2; 13,777 for

1996 and 27,668 for each year 1997

through 1999 to unit 3. The 1996

allowance allocation for Warrick units

1–3 is contingent upon the successful

completion of monitor system

certification under 40 CFR part 75 no

later than June 30, 1996.

These opt-in permits do not affect the

responsibility of units at DuPontJohnsonville, TVA-Johnsonville, or

Warrick to meet all other existing local,

state, and federal requirements related

to sulfur dioxide. The designated

representatives are J. Michael Edenfield

for DuPont-Johnsonville facility, Joseph

W. Dickey for TVA-Johnsonville facility,

and J. Gordon Hurst for Warrick facility.

Dated: May 20, 1996.

Brian J. McLean,

Director, Acid Rain Division, Office of

Atmospheric Programs, Office of Air and

Radiation.

[FR Doc. 96–13152 Filed 5–23–96; 8:45 am]

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Proposed Settlement Agreement,

Clean Air Act Citizen Suit

AGENCY: Environmental Protection

Agency.

ACTION: Notice of proposed settlement;

Request for public comment.

SUMMARY: In accordance with section

113(g) of the Clean Air Act, as amended,

(‘‘Act’’), notice is hereby given of a

proposed partial consent decree, which

was lodged with the United States

District Court for the District of

Columbia by the United States

Environmental Protection Agency

(‘‘EPA’’) on May 9, 1996, in a lawsuit

filed by the Sierra Club Legal Defense

Fund. This lawsuit, which was filed

pursuant to section 304(a) of the Act, 42

U.S.C. § 7604(a), concerns, among other

things, EPA’s alleged failure to meet a

mandatory deadline under section

112(g) of the Clean Air Act. The

proposed partial consent decree

provides that EPA shall promulgate the

guidance identified in section 112(g) of

the CAA, with respect to constructions

and reconstructions of major sources of

hazardous air pollutants, no later than

December 15, 1996.

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

partial consent decree from persons who

were not named as parties to the

litigation in question. EPA or the

Department of Justice may withhold or

withdraw consent to the proposed

partial consent decree if the comments

disclose facts or circumstances 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, following the

comment period, that consent is

inappropriate, the final partial consent

decree will establish a deadline for the

promulgation of the guidance provided

for in § 112(g).

A copy of the proposed partial

consent decree was lodged with the

Clerk of the United States District Court

for the District of Columbia on May 9,

1996. Copies are also available from

Sonja Lee, Air and Radiation Division

(2344), Office of General Counsel, U.S.

Environmental Protection Agency, 401

M Street, S.W., Washington, D.C. 20460,

(703) 235–5330. Written comments

should be sent to Jan M. Tierney at the

address above and must be submitted on

or before June 24, 1996.

Dated: May 10, 1996.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 96–13086 Filed 5–23–96; 8:45 am]

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