[Federal Register Volume 68, Number 225 (Friday, November 21, 2003)]
[Notices]
[Pages 65699-65700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29182]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7589-4]


Proposed Consent Decree, 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 (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed consent decree to address a lawsuit filed by Our 
Children's Earth Foundation and Sierra Club: Our Children's Earth 
Foundation and Sierra Club v. EPA, No. C 03-0770 CW (N.D. Calif., 
2003). On February 21, 2003, Our Children's Earth Foundation and Sierra 
Club filed a complaint claiming that EPA had failed to perform non-
discretionary duties under CAA section 111(b) to review and, if 
appropriate, revise certain new source performance standards (``NSPS'') 
for electric utility steam generating units (40 CFR part 60, subpart 
Da); industrial-commercial-institutional boilers (Subparts Db and Dc); 
and stationary gas turbines (subpart GG). Plaintiffs also claimed that 
EPA had failed to revise the sulfur dioxide limitations in Subpart Da 
in accordance with section 403 of the Clean Air Act Amendments 
(``CAAA'') of 1990. 104 Stat. 2399, 2631 (1990). Under the proposed 
consent decree, EPA would be required to revise these NSPS subparts or 
make determinations that revisions are not appropriate within 24 months 
from when the Court enters the consent decree. Within that 24 months, 
EPA would also be required to revise the sulfur dioxide limitations in 
subpart Da in accordance with section 403.

DATES: Written comments on the proposed consent decree must be received 
by December 22, 2003.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2003-0004, 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: Andrew Gordon, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460, 
telephone (202) 564-7606.

SUPPLEMENTARY INFORMATION:

[[Page 65700]]

I. Additional Information About the Proposed Consent Decree

    Under the terms of the proposed consent decree, once the Court 
enters the decree EPA will initiate a review of NSPS subparts Da, Db, 
Dc, and GG to determine whether they need to be revised. Within twelve 
months of entry of the consent decree, the appropriate EPA official 
will sign and promptly forward to the Office of Federal Register 
proposed revisions to subparts Da, Db, Dc, and GG or proposed 
determinations that revisions to any of these subparts is not 
appropriate in light of readily available information on the efficacy 
of such standards. EPA would also be required to issue a proposed 
revision to the sulfur dioxide emission limits in subpart Da in 
accordance with section 403 of the CAAA of 1990.
    Within 24 months from the date of entry of the decree, the 
appropriate EPA official would need to sign and forward to the Office 
of Federal Register a final rule revising subparts Da, Db, Dc, and GG 
or a final determination that revision of any subpart is not 
appropriate. Within 24 months, EPA would also need to issue a final 
rule revising the sulfur dioxide emission limits in subpart Da in 
accordance with section 403 of the CAAA of 1990.
    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 
or interveners 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 determine, 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?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2003-0004 which contains a copy of the 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, 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 on 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 the disclosure of which is 
restricted by statute. Information claimed as CBI and other information 
the disclosure of which 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 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: November 14, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 03-29182 Filed 11-20-03; 8:45 am]
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