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)

Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices 65949

Ontonagon River Basin, Ontonagon

and Gogebic Counties, MI and Vilas

County, WI, Comment Period Ends:

February 04, 2002, Contact: Patrick

Murphy (202) 219–2659.

EIS No. 010524, Final EIS, FHW, NM,

New Mexico Highway 126 (NM–126),

Cuba-La Cueva Road (also Known as

Forest Highway 12) Improvement,

COE Section 404 Permit and NPDES

Permit, Sandoval and Rio Arriba

Counties, NM, Wait Period Ends:

January 22, 2002, Contact: Richard J.

Cushing (303) 969–5910.

EIS No. 010525, Revised Draft EIS, COE,

MO, ND, SD, NB, IA, KS, Missouri

River Master Water Control Manual

Review and Update, Mainstem

Reservoir System, New and Updated

Information, Missouri River Basin,

SD, NB, IA and MO, Comment Period

Ends: February 04, 2002, Contact:

Rose Hargrave (402) 697–2527.

EIS No. 0526, Final EIS, BLM, NV,

Falcon to Gonder 345kV Transmission

Project, Construction, Resource

Management Plan Amendments,

Right-of-Way Grant, Lander, Elko,

Eureka and White Pine Counties, NV,

Wait Period Ends: January 22, 2002,

Contact: Mary Craggett (775) 635–

4060.

EIS No. 010527, Final EIS, FTA, CT,

New Britain—Hartford Busway

Project, Proposal to Build an

Exclusive Bus Rapid Transit (BRT)

Facility, Located in the Towns/Cities

of New Britain, Newington, West

Hartford and Hartford CT, Wait Period

Ends: January 22, 2002, Contact:

Richard H. Doyle (617) 494–2055.

EIS No. 010528, Draft EIS, AFS, MO,

Oak Decline and Forest Health

Project, To Improve Forest Health,

Treat Affected Stands, Recover

Valuable Timber Products, Promote

Public Safety, Potosi and Salem

Ranger Districts, Mark Twain National

Forest, Crawford, Dent, Iron,

Reynolds, Shannon and Washington,

MO, Comment Period Ends: February

04, 2002, Contact: Karen Mobley (573)

729–6656.

EIS No. 010529, Final EIS, FHW, WV,

Shawnee Highway Project,

Construction between the Ghent

Interchange of I–787 in the North and

McDowell County 14 or McDowell

County 17 in the South, Funding,

McDowell, Raleigh and Wyoming

Counties, WV, Wait Period Ends:

January 22, 2002, Contact: Thomas J.

Smith (304) 347–5928.

EIS No. 010530, Final EIS, FRC, NY,

Eastchester Project, Natural Gas

Pipeline and Associated Facilities,

(Docket Nos. CP00–232–001)

Construction, Operation and

Maintenance, from Northport Long

Island to the Bronx, Approval and US

Army COE Section 10 and 404

Permits Issuance, Bronx Borough, NY,

Wait Period Ends: February 04, 2002,

Contact: John Schnagl (202) 219–

2661. This document is available on

the Internet at: http://

rimsweb1.ferc.fed.us

EIS No. 010531, Draft EIS, UAF, CA, EL

Rancho Road Bridge Project, To

Provide a Flood-Free Crossing at San

Antonia Creek to Access North

Vandenberg Air Force Base, Santa

Barbara County, CA, Comment Period

Ends: February 04, 2002, Contact: Jack

Bush (703) 604–0553.

Amended Notices

EIS No. 010357, Draft EIS, SFW, Light

Goose Management Plan,

Implementation, Reducing and

Stabilizing Specific Populations

‘‘Light Geese’’ in North America,

Comment Period Ends: January 25,

2002, Contact: Jon Andrew (703) 358–

1714. Revision of FR Notice Published

on 09/28/2001: CEQ Review Period

Ending on 12/14/2001 has been

Extended to 01/25/2002.

EIS No. 010368, Final Supplement, JUS,

Cannabis Eradication in the

Contiguous United States and Hawaii,

Updated Information concerning New

Scientific Data on Herbicidal

Eradication , Wait Period Ends:

January 28, 2002, Contact: Joyce M.

Elliott (202) 307–8923. Published FR

–10–05–01 Review Period Reopened.

EIS No. 010401, Draft Supplement,

FHW, MI, US–31 Petoskey Area

Improvement Study, To Reduce

Congestion on US–31 in the City of

Petoskey and Resort and Bear Creek

Townships, COE Section 404 Permit,

Emmet County, MI , Comment Period

Ends: February 28, 2001, Contact:

James A. Kirschensteiner (517) 702–

1835.

Revision of FR Notice Published on

11/02/2001: CEQ. Comment Period

Ending 12/17/2001 has been Extended

to 02/28/2002.

Dated: December 18, 2001.

Joseph C. Montgomery,

Director, NEPA Compliance Division, Office

of Federal Activities.

[FR Doc. 01–31537 Filed 12–20–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[ER–FRL–6624–8]

Environmental Impact Statements and

Regulations; Availability of EPA

Comments

Availability of EPA comments

prepared pursuant to the Environmental

Review Process (ERP), under Section

309 of the Clean Air Act and Section

102(2)(c) of the National Environmental

Policy Act as amended. Requests for

copies of EPA comments can be directed

to the Office of Federal Activities at

(202) 564–7167.

An explanation of the ratings assigned

to draft environmental impact

statements (EISs) was published in FR

dated May 18, 2001 (66 FR 27647).

Draft EISs

ERP No. D–COE–A39138–00 Rating

**3, Programmatic EIS—Nationwide

Permits Procedures Review and

Examination, US Army Corps of

Engineers Section 10 and 404 Permit

Issuance.

Summary: EPA believes the data used

in the Draft PEIS and the methods used

to analyze and draw conclusions from

that data were inadequate, thereby

preventing a full disclosure of

potentially significant environmental

impacts of the proposal. EPA

recommended that the draft PEIS be

formally revised and made available for

public comment in a supplemental or

revised draft PEIS.

ERP No. D–USA–A10074–00 Rating

EC2, Programmatic EIS—Army

Transformation, Army Vision to

Address the Changing Circumstances of

the 21st Century, Transformation in

three Phases: Initial Phase, Interim

Capacibility Phase, and an Objective

Force Phase.

Summary: EPA expressed

environmental concerns regarding air,

land use, water resources, and noise and

requested additional information

regarding impact analysis.

Dated: December 18, 2001.

Joseph C. Montgomery,

Director, NEPA Compliance Division, Office

of Federal Activities.

[FR Doc. 01–31538 Filed 12–20–01; 8:45 am]

BILLING CODE 6560–50–P