Part 705 60-day FR Notice

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

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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
Office of Surface Mining
Reclamation and Enforcement,
Department of the Interior.
ACTION: Notice and request for
comments.
AGENCY:

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.

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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 [email protected].
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
ADDRESSES:

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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

mstockstill on PROD1PC66 with NOTICES

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

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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 [email protected] 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.

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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 ([email protected]),
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

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