[Federal Register Volume 68, Number 168 (Friday, August 29, 2003)]
[Notices]
[Pages 52014-52016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22159]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7551-1]


Proposed Stipulation of Settlement Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed stipulation of settlement; 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 stipulation of settlement to address a lawsuit filed by the 
New York Public Interest Research Group, Inc. (NYPIRG) in the United 
States District Court for the Southern District of New York. The 
lawsuit was filed pursuant to section 304(a) of the Act, 42 U.S.C. 
705(a) and alleges 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 two Clean Air Act Title V operating permits issued by the 
New York State Department of Environmental Conservation (DEC). In 
addition, NYPIRG petitioned the Administrator seeking the Agency's 
objection to twelve other operating permits issued by the DEC. These 
fourteen petitions are addressed by the proposed stipulation of 
settlement, which establishes a schedule for the Administrator to 
respond to these petitions.

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DATES: Written comments on the proposed stipulation of settlement 
agreement must be received by September 29, 2003.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2003-0001, online at http://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to [email protected]; 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 B102, 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 Wordperfect or ASCII file, avoiding the use of special 
characters and any form of encryption, and may be mailed to the mailing 
address above.

FOR FURTHER INFORMATION CONTACT: Apple Chapman or Padmini Singh, Air 
and Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Stipulation of Settlement

    NYPIRG alleges that the United States Environmental Protection 
Agency Administrator failed to meet a mandatory sixty day deadline 
under section 505(b)(2) of the Act, 42 U.S.C. 7662d(b)(2), for granting 
or denying petitions seeking EPA's objection to a total of fourteen 
Title V permits ( two in this case and an additional twelve pending 
before the Agency) issued by the New York State Department of 
Environmental Conservation.
    The proposed stipulation establishes a schedule for EPA's responses 
to these petitions. The proposed stipulation of settlement requires EPA 
to sign orders responding to the plaintiffs' petitions for the 
following facilities no later than the dates specified:
    (a) the Huntley Steam Generating Station petition, by July 31, 
2003;
    (b) the Dunkirk Steam Generating Station petition, by July 31, 
2003;
    (c) the Consolidated Edison Company of New York's Hudson Avenue 
Generating Station petition, by September 30, 2003;
    (d) the Consolidated Edison Company of New York's Ravenswood Steam 
Plant petition, by September 30, 2003;
    (e) the Al Turi Landfill petition, by January 23, 2004;
    (f) the New York Organic Fertilizer Corporation petition, by May 
22, 2004;
    (g) the Sirmos Division of Bromante Corporation petition, by May 
22, 2004;
    (h) the New York City Transit Authority's East NY Bus Depot 
petition, by May 22, 2004;
    (i) the Keyspan Generation Far Rockaway Station petition, by 
September 24, 2004;
    (j) the North River Water Pollution Control Plant petition, by 
September 24, 2004;
    (k) the Motiva Enterprises petition, by September 24, 2004;
    (l) the Bristol Myers Squibb petition, by February 18, 2005;
    (m) the Eastman Kodak Power Plant petition by February 18, 2005; 
and
    (n) the Eastman Kodak Manufacturing Plant petition, by February 18, 
2005.
    The Administrator signed orders responding to (a) the Huntley Steam 
Generating Station petition, and (b) the Dunkirk Steam Generating 
Station petition on July 31, 2003.
    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 stipulation of settlement from persons who were not named 
as parties or interveners to the litigation in question. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
stipulation of settlement 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 determine, based on any comment 
which may be submitted, that consent to the stipulation of settlement 
should be withdrawn, the terms of the stipulation will be affirmed.

II. Additional Information About Commenting on the Proposed Stipulation 
of Settlement

A. How Can I Get A Copy of the Stipulation of Settlement?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2003-0001 which contains a copy of the stipulation of 
settlement. The official public docket is available for public viewing 
at the Office of Environmental Information (OEI) Docket in the EPA 
Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in EPA's electronic public docket as EPA receives 
them and without change, unless the comment contains copyrighted 
material, CBI, or other information whose disclosure is restricted by 
statute. Information claimed as CBI and other information whose 
disclosure is restricted by statute is not included in the official 
public docket or in EPA's electronic public docket. EPA's policy is 
that copyrighted material, including copyrighted material contained in 
a public comment, will not be placed in EPA's electronic public docket 
but will be available only in printed, paper form in the official 
public docket. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the EPA Docket Center.

B. How and to Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an e-mail address or other 
contact information in the body of your comment and with any disk or CD 
ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic

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public docket. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. 
The electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, e-mail address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(e-mail) system is not an ``anonymous access'' system. If you send an 
e-mail comment directly to the Docket without going through EPA's 
electronic public docket, your e-mail address is automatically captured 
and included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket.

    Dated: August 21, 2003.
Lisa K. Friedman,
Associate General Counsel.
[FR Doc. 03-22159 Filed 8-28-03; 8:45 am]
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