[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Notices]
[Pages 43978-43979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16833]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7792-1]


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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree, to address a lawsuit filed by Environmental 
Defense in the U.S. District Court for the Northern District of 
California: Environmental Defense v. EPA, No. C 03 5508 (N.D. CA). 
Environmental Defense filed a complaint pursuant to section 304(a) of 
the Act, 42 U.S.C. section 7604(a), which concerns the U.S. 
Environmental Protection Agency's (EPA's) alleged failure to meet a 
mandatory deadline under section 111(b) of the Act, 42 U.S.C. section 
7411(b), by failing to promulgate a New Source Performance Standard for 
stationary Internal Combustion Engines. Under the proposed consent 
decree, rulemaking schedules will be provided to establish New Source 
Performance Standards for stationary internal combustion engines.

DATES: Written comments on the proposed consent decree must be received 
by August 23, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0007, 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: Michael Horowitz, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Telephone: (202) 564-5583.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Section 111(b)(2) of the Clean Air Act (the Act) requires that EPA 
publish proposed regulations proposing federal new source performance 
standards for new sources in categories of stationary sources listed 
under section 112(b)(1) of the Act, and that EPA promulgate final 
regulations within one year after publication of the proposed 
regulations. In the above-captioned case, Environmental Defense alleges 
that EPA has failed to meet a mandatory deadline under the Act by 
failing to promulgate a New Source Performance Standard for stationary 
Internal Combustion Engines.
    The proposed consent decree provides a rulemaking schedule to 
establish New Source Performance Standards for stationary internal 
combustion engines, with separate schedules for proposal and 
promulgation of such standards for compression-ignition engines and for 
spark-ignition engines.
    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-2004-0007 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.

[[Page 43979]]

    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 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: July 15, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 04-16833 Filed 7-22-04; 8:45 am]
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