Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices 65947

Comment Date: January 2, 2002.

9. Duke Energy Marshall County, LLC

[Docket No. ER02–530–000]

Take notice that on December 12,

2001, Duke Energy Marshall County,

LLC (Duke Marshall) tendered for filing

with the Federal Energy Regulatory

Commission (Commission) pursuant to

section 205 of the Federal Power Act its

proposed FERC Electric Tariff No. 1.

Duke Marshall seeks authority to sell

energy and capacity, as well as ancillary

services, at market-based rates, together

with certain waivers and preapprovals.

Duke Marshall also seeks authority to

sell, assign, or transfer transmission

rights that it may acquire in the course

of its marketing activities. Duke

Marshall requests pursuant to section

35.11 of the Commission’s regulations

that the Commission waive the 60-day

minimum notice requirement under

section 35.3(a) of its regulations and

grant an effective date for this

application of February 1, 2002, the date

on which Duke Marshall anticipates

commencing the sale of test energy.

Comment Date: January 2, 2002.

10. American Transmission Company

LLC

[Docket No. ER02–531–000]

Take notice that on December 12,

2001, American Transmission Company

LLC (ATCLLC) tendered for filing an

executed Distribution-Transmission

Interconnection Agreement between

ATCLLC and the City of Plymouth.

ATCLLC requests an effective date of

June 25, 2001.

Comment Date: January 2, 2002.

11. California Independent System

Operator Corporation

[Docket No. ER02–532–000]

Take notice that on December 13,

2001, the California Independent

System Operator Corporation tendered

for filing an Amendment to Schedule 1

of the Participating Generator

Agreement between the ISO and

Southern California Edison Company

(SoCal Edison) for acceptance by the

Commission. The ISO states that this

filing has been served on SoCal Edison

and the California Public Utilities

Commission.

The ISO is requesting waiver of the

60-day notice requirement to allow the

Participating Generator Agreement to be

made effective December 13, 2001.

Comment Date: January 3, 2002.

12. The Potomac Edison Company

[Docket No.ER02–533–000]

Take notice that on December 13,

2001, Allegheny Energy Service

Corporation on behalf of The Potomac

Edison Company (Potomac Edison),

submitted a Notice of Cancellation of

Service Agreement No. 22 (including its

Amendments and Supplements) with

Old Dominion Electric Cooperative, a

customer under Potomac Edison’s Rate

Schedule designated as FERC Electric

Tariff, Fourth Revised Volume No. 2.

Potomac Edison has requested a

waiver of notice to allow the

cancellation to be effective January 1,

2002.

Comment Date: January 3, 2002.

Standard Paragraph

E. Any person desiring to be heard or

to protest such filing should file a

motion to intervene or protest with the

Federal Energy Regulatory Commission,

888 First Street, NE., Washington, DC

20426, in accordance with Rules 211

and 214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

and 385.214). All such motions or

protests should be filed on or before the

comment date. Protests will be

considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

protestants parties to the proceeding.

Any person wishing to become a party

must file a motion to intervene. Copies

of this filing are on file with the

Commission and are available for public

inspection. This filing may also be

viewed on the web at http://

www.ferc.gov using the ‘‘RIMS’’ link,

select ‘‘Docket#’’ and follow the

instructions (call 202–208–2222 for

assistance). Comments, protests and

interventions may be filed electronically

via the Internet in lieu of paper. See, 18

CFR 385.2001(a)(1)(iii) and the

instructions on the Commission’s web

site under the ‘‘e-Filing’’ link.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 01–31466 Filed 12–20–01; 8:45 am]

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[AD–FRL–7121–9]

Notice of Deficiency for Clean Air Act

Operating Permit Program in the

District of Columbia

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of deficiency.

SUMMARY: Pursuant to its authority

under the Clean Air Act, EPA is

publishing this Notice of Deficiency

(NOD) for the District of Columbia’s

Clean Air Act title V operating permit

program. The NOD is based upon EPA’s

finding that the District of Columbia’s

requirements for public notification do

not comply with the requirements of the

Clean Air Act and its implementing

regulations. Publication of this Notice is

a prerequisite for withdrawal of the

District of Columbia’s title V program

approval, but EPA is not withdrawing

this program through this action.

EFFECTIVE DATE: December 13, 2001.

Because this NOD is an adjudication

and not a final rule, the Administrative

Procedure Act’s 30 day deferral of the

effective date of a rule does not apply.

FOR FURTHER INFORMATION CONTACT:

Paresh R. Pandya, U.S. Environmental

Protection Agency Region III (3AP11),

1650 Arch Street, Philadelphia, PA

19103 at (215) 814–2167, or by e-mail at

pandya.perry@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On May 22, 2000, EPA promulgated a

rulemaking that extended the interim

approval period of 86 operating permits

programs until December 1, 2001 (65 FR

32035). Sierra Club and the New York

Public Interest Research Group

challenged the action. In settling the

litigation, EPA agreed to publish a

notice in the Federal Register, so that

the public would have the opportunity

to identify and bring to EPA’s attention

alleged deficiencies in title V programs.

The EPA published that notice on

December 11, 2000 (65 FR 77376).

As stated in the Federal Register

notice, EPA agreed to respond by

December 1, 2001 to timely public

comments on programs that have

obtained interim approval; and EPA

agreed to respond by April 1, 2002 to

timely comments on fully approved

programs. The EPA is publishing a NOD

if the Agency determines that a

deficiency exists, and is notifying the

commenter in writing to explain the

reasons for not making a finding of

deficiency on other issues. The EPA

received one timely comment letter

pertaining to the District of Columbia’s

title V program. In reviewing the

commenter’s concerns, EPA agrees that

the commenter has identified a

deficiency in the District of Columbia’s

title V operating permit program relating

to the District of Columbia’s public

notification requirements. The EPA is

addressing that deficiency in this notice.

In addition, the commenter raised other

issues that EPA has determined are not

deficiencies. The EPA is responding to

the commenter in writing, explaining

the basis for EPA’s decision.

65948 Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices

Under EPA’s permitting regulations,

citizens may, at any time, petition EPA

regarding alleged deficiencies in state

title V operating permit programs. In

addition, EPA may on its own identify

deficiencies. If, in the future, EPA agrees

with a new citizen petition or otherwise

identifies deficiencies, EPA may issue a

new NOD.

II. Description of Action

The EPA is publishing this NOD to

notify the District of Columbia and the

public that EPA has found a deficiency

in the District of Columbia’s title V

operating permit program. This

document is being published to satisfy

section 502(i) of the Clean Air Act and

40 CFR 70.10(b)(1), which provides that

EPA shall publish in the Federal

Register a notice of any determination

that a State’s title V permitting program

no longer complies with the

requirements of 40 CFR part 70 and the

Clean Air Act. The deficiency that is the

subject of this document relates to the

District of Columbia’s regulatory

authority to provide adequate public

notification of permit actions, pursuant

to 40 CFR part 70.

The EPA’s regulations at 40 CFR

70.7(h) and 70.7(d)(3)(i) provide that

public notice shall be provided for all

permit proceedings, except those

qualifying as administrative permit

amendments or minor permit

modifications. Such public notification

shall be provided by a number of means,

including ‘‘by publication in a

newspaper of general circulation in the

area where the source is located or in a

State publication designed to give

general public notice; to persons on a

mailing list developed by the permitting

authority, including those who request

in writing to be on the list; and by other

means if necessary to assure adequate

notice to the affected public.’’ See, 40

CFR 70.7(h)(1). EPA’s regulations at 40

CFR 70.4(b)(16) require that State part

70 program submittals contain

provisions requiring the permitting

authority to implement the

requirements of 40 CFR 70.7. The

District of Columbia’s operating permit

program regulations at 20 DCMR 303.10

require that public notice of draft initial

permits, significant modifications and

permit renewals be published in the

District of Columbia Register and that

copies of such notice be sent to the

applicant, to the representatives of

affected states, and to persons on a

mailing list developed by the Mayor,

including those who request in writing

to be on the list.

However, the regulations do not

expressly require that ‘‘other means’’ be

employed if necessary to assure

adequate public notice. Because the

District of Columbia’s operating permit

program regulations do not require the

District to provide public notice by

other means if necessary to assure

adequate notice to the affected public,

the District of Columbia’s operating

permit program does not fully comply

with the requirements of the Clean Air

Act and 40 CFR part 70.

Title V provides for the approval of

State programs for the issuance of

operating permits that incorporate the

applicable requirements of the Clean Air

Act. To receive title V program

approval, a State permitting authority

must submit a program to EPA that

meets certain minimum criteria, and

EPA must disapprove a program that

fails, or withdraw an approved program

that subsequently fails, to meet these

criteria. These criteria include

requirements for proper public

participation procedures (40 CFR

70.4(b)(16)). See 40 CFR 70.7(h).

The EPA’s title V implementing

regulations at 40 CFR 70.4 and 70.10(b)

and (c) provide that EPA may withdraw

a part 70 program approval, in whole or

in part, whenever the approved program

no longer complies with the

requirements of part 70 and the

permitting authority fails to take

corrective action. A list of potential

bases for program withdrawal is

provided at 40 CFR 70.10(c)(1)(i), and

includes the case where the permitting

authority’s legal authority does not meet

the requirements of 40 CFR part 70.

The procedures for program

withdrawal are set forth at 40 CFR

70.10(b). The procedures require as a

prerequisite to withdrawal that the EPA

Administrator notify the permitting

authority of any finding of deficiency by

publishing a notice in the Federal

Register. This document satisfies this

requirement and constitutes a finding of

deficiency. According to 40 CFR

70.10(b)(2), if the District of Columbia

has not taken ‘‘significant action to

assure adequate administration and

enforcement of the program’’ within 90

days after issuance of this notice of

deficiency, EPA may withdraw the state

program, apply any of the sanctions

specified in section 179(b) of the Act,

and/or promulgate, administer, and

enforce a federal title V program. As

provided by 40 CFR 70.10(b)(3), if the

state has not corrected the deficiency

within 18 months after the date of the

finding of deficiency and signature of

the NOD, EPA would be required to

apply the sanctions under section 179(b)

of the Act, in accordance with section

179(a) of the Act. In addition, 40 CFR

70.10(b)(4) provides that, if the state has

not corrected the deficiency within 18

months after the date of the finding of

deficiency, EPA will promulgate,

administer, and enforce a whole or

partial program within 2 years of the

date of the finding. This document

constitutes a finding of deficiency.

This document is not a proposal to

withdraw the District of Columbia’s title

V program. Consistent with 40 CFR

70.10(b)(2), EPA will wait at least 90

days to determine whether the state has

taken significant action to correct the

deficiency.

III. EPA Responses to Citizen

Comments

EPA is responding in writing to all

timely comments that citizens

submitted pursuant to the settlement

agreement. For all comments not

resulting in an NOD, EPA is responding

directly to the commenter, explaining

the reasons why EPA did not find that

an NOD was warranted. The EPA will

publish a notice of availability in the

Federal Register notifying the public

that EPA has responded in writing to

the commenter and explaining how the

public may obtain a copy of EPA’s

responses.

IV. Administrative Requirements

Under section 307(b)(1) of the Act,

petitions for judicial review of today’s

action to issue a notice of deficiency for

the District of Columbia’s Clean Air Act

title V operating permit program may be

filed in the United States Court of

Appeals for the appropriate circuit

within 60 days of December 21, 2001.

Authority: 42 U.S.C. 7401–7671q.

Dated: December 13, 2001.

Judith Katz,

Acting Regional Administrator, Region III.

[FR Doc. 01–31499 Filed 12–20–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[ER–FRL–6624–7]

Environmental Impact Statements;

Notice of Availability

RESPONSIBLE AGENCY: Office of

Federal Activities, General Information

(202) 564–7167 or www.epa.gov/oeca/

ofa.

Weekly receipt of Environmental Impact

Statements

Filed December 10, 2001

Through December 14, 2001

Pursuant to 40 CFR 1506.9.

EIS No. 010523, Draft EIS, FRC, MI, WI,

Bond Falls Project, Issuing a New

License for Existing Hydroelectric

License, (FERC No. 1864–005)