Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices

12174

Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices

access to the meeting via phone bridge

for a fee. If you have any questions, visit

http://www.CapitolConnection.org or

contact Danelle Perkowski or David

Reininger at 703–993–3100.

Transcripts of the meeting will be

available immediately for a fee from Ace

Reporting Company (202–347–3700 or

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available for free on the Commission’s

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calendar approximately one week after

the meeting.

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accessibility accommodations please

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accommodations.

Philis J. Posey,

Acting Secretary.

[FR Doc. E7–4713 Filed 3–14–07; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

Notice of Membership of Performance

Review Board for Senior Executives

(PRB)

March 9, 2007.

The Federal Energy Regulatory

Commission hereby provides notice of

the membership of its Performance

Review Board (PRB) for the

Commission’s Senior Executive Service

(SES) members. The function of this

board is to make recommendations

relating to the performance of senior

executives in the Commission. This

action is undertaken in accordance with

Title 5, U.S.C. 4314(c)(4). The

Commission’s PRB will remove the

following member: Daniel L. Larcamp.

Philis J. Posey,

Acting Secretary.

[FR Doc. E7–4715 Filed 3–14–07; 8:45 am]

BILLING CODE 6717–01–P

rmajette on PROD1PC67 with NOTICES

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–8288–2]

Proposed Consent Decree Clean Air

Act Citizen Suit

AGENCY: Environmental Protection

Agency (EPA).

VerDate Aug<31>2005

14:20 Mar 14, 2007

Jkt 211001

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 the

Sierra Club: Sierra Club v. The United

States Environmental Protection

Agency, No. CV 06–00663 BB(LFG)

(District of New Mexico). On or about

July 26, 2006, Sierra Club filed a

complaint alleging that EPA had failed

to perform a non-discretionary duty and

had unreasonably delayed publication

of a final rule, known as a Federal

Implementation Plan (‘‘FIP’’), regulating

air emissions from the Four Corners

Power Plant (‘‘FCPP’’). Under the terms

of the proposed consent decree, a

deadline of April 30, 2007, is

established for EPA to take final action

on the FIP proposed by EPA on

September 12, 2006.

DATES: Written comments on the

proposed consent decree must be

received by April 16, 2007.

ADDRESSES: Submit your comments,

identified by Docket ID number EPA–

HQ7–OGC–2007–0194, online at http://

www.regulations.gov (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 3334, 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 Word or

ASCII file, avoiding the use of special

characters and any form of encryption,

and may be mailed to the mailing

address above. Please provide a separate

copy of your comments to the person

identified in the For Further

Information Contact section of this

notice.

FOR FURTHER INFORMATION CONTACT:

Richard H. Vetter, c/o Cheryl Graham

Air and Radiation Law Office (2344A),

Office of General Counsel, U.S.

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone: (919) 541–2127;

fax number (919) 541–4991; email

address: vetter.rick@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the

Proposed Consent Decree

The proposed consent decree would

resolve the suit filed by Sierra Club

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Frm 00011

Fmt 4703

Sfmt 4703

alleging that EPA had a nondiscretionary duty and had

unreasonably delayed finalizing a FIP

regulating air emissions from FCPP.

The background to Sierra Club’s

Complaint is that EPA had proposed a

FIP in 1999 for FCPP, see 64 FR 48731

(September 8, 1999), but by 2006 had

not taken final action on the 1999

proposed FIP. Shortly after 1999, FCPP

began negotiations with EPA, Navajo

Nation EPA, the National Park Service

and several environmental groups (not

including Sierra Club). Between 2003

and 2005, FCPP tested changes to its

SO2 control devices that increased the

overall control efficiency of these

control devices.

EPA proposed a new FIP for FCPP on

September 12, 2006 that, among other

things, reflected the increase in

efficiency of the SO2 control devices at

the facility. 71 FR 53631. The proposed

consent decree provides that on or

before April 30, 2007, EPA will take

final action on the FIP we proposed on

September 12, 2006.

On December 14, 2006, the parties

filed with the Court a notice of lodging

of the proposed consent decree. The

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 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 determines,

based on any comment which may be

submitted, that consent to the consent

decree should be withdrawn, the terms

of the 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?

The official public docket for this

action (identified by Docket ID No.

EPA7–HQ–OGC–2007–0194) contains a

copy of the proposed 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,

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