[Federal Register Volume 67, Number 239 (Thursday, December 12, 2002)]
[Notices]
[Pages 76403-76404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31359]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7420-6]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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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 which was lodged with the United States 
District Court for the District of Columbia by the United States 
Environmental Protection Agency on November 14, 2002, to address two 
lawsuits filed by the New York Public Interest Research Group, Inc. and 
the Sierra Club and Georgia ForestWatch. The lawsuits were filed 
pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a), and allege 
that the Administrator failed to meet a mandatory sixty day deadline 
under section 505(b)(2) of the Act, 42 U.S.C. 7661d(b)(2), for granting 
or denying petitions seeking the Agency's objection to eleven Clean Air 
Act Title V operating permits issued by the New York State Department 
of Environmental Conservation and eight Title V operating permits 
issued by the Georgia Environmental Protection Division. The lawsuits 
have been consolidated and both are addressed by the proposed consent 
decree, which establishes a schedule for the Administrator to respond 
to the outstanding petitions that are subject to the lawsuits.

DATES: Written comments on the proposed consent decree must be received 
by January 13, 2003.

ADDRESSES: Written comments should be sent to Padmini Singh (on the New 
York petition deadlines) or Kerry E. Rodgers (on the Georgia petition 
deadlines), Air and Radiation Law Office (MC 2344A), Office of General 
Counsel, United States Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Copies of the proposed 
consent decree are available from Phyllis J. Cochran, (202) 564-7606. A 
copy of the proposed consent decree was lodged with the Clerk of the 
United States District Court for the District of Columbia on November 
14, 2002.

SUPPLEMENTARY INFORMATION: New York Public Interest Research Group, 
Inc. (``NYPIRG'') alleges that the United States Environmental 
Protection Agency (``EPA'') Administrator failed to meet a mandatory 
sixty day deadline under section 505(b)(2) of the Act, 42 U.S.C. 
7661d(b)(2), for granting or denying petitions seeking EPA's objection 
to eleven Title V operating permits issued by the New York State 
Department of Environmental Conservation. Sierra Club and Georgia 
Forest Watch allege that the Administrator failed to meet the same 
deadline under section 505(b)(2) for granting or denying petitions 
seeking EPA's objection to eight Title V operating permits issued by 
the Georgia Environmental Protection Division.
    Prior to negotiating the proposed consent decree, the Administrator 
signed orders responding to three petitions for New York facilities and 
three petitions for Georgia facilities that are subject to the 
lawsuits. The proposed consent decree establishes a schedule for EPA's 
responses to the remaining petitions that are subject to the lawsuits. 
Specifically, the proposed consent decree requires EPA to sign orders 
responding to the plaintiffs' petitions for the following facilities 
(listed with the states in which they are located) no later than the 
dates specified:
    (a) King Finishing (GA)--October 15, 2002;
    (b) Monroe Power (GA)--October 15, 2002;

[[Page 76404]]

    (c) Shaw Industries, Plant No. 80 (GA)--November 15, 2002;
    (d) Shaw Industries, Plant No. 2 (GA)--November 15, 2002;
    (e) Oglethorpe Power Wansley Combined Cycle Energy Facility (GA)--
November 15, 2002;
    (f) Columbia University (NY)--December 15, 2002;
    (g) Elmhurst Hospital (NY)--December 15, 2002;
    (h) Starrett City (NY)--December 15, 2002;
    (i) Bergen Point Sewage Treatment Plant (NY)--December 15, 2002;
    (j) Maimonides Medical Center (NY)--December 15, 2002;
    (k) Lovett Generating Station (NY)--January 30, 2003;
    (l) Danskammer Generating Station (NY)--January 30, 2003;
    (m) Con Edison 74th Street Station (NY)--January 30, 2003.
    The proposed consent decree also requires EPA to provide the 
plaintiffs with notice of signature of each order within five business 
days following signature. In addition, the proposed consent decree 
requires EPA to deliver a notice of each order to the Office of Federal 
Register for prompt publication no later than thirty days following 
signature and to not take any steps to delay publication of such 
notice. After EPA has fulfilled all of its obligations under the 
proposed consent decree, the proposed consent decree will terminate and 
the lawsuits will be dismissed with prejudice.
    For a period of thirty days following the date of publication of 
this notice, EPA will receive written comments relating to the proposed 
consent decree from persons who were not named as parties or 
intervenors to the lawsuits in question. EPA or the United States 
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 United 
States Department of Justice determines, following the comment period, 
that consent is inappropriate, the final consent decree will be entered 
with the court and will establish deadlines for the Administrator's 
responses to the remaining petitions that are subject to the lawsuits 
in question.

    Dated: December 4, 2002.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 02-31359 Filed 12-11-02; 8:45 am]
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