[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Notices]
[Pages 47197-47198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16037]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7951-8]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; 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 settlement agreement, to address a lawsuit filed by Sierra 
Club: Sierra Club v. Johnson, No. 05CV00750 (ESH) (D.D.C.). On or about 
April 13, 2005, Sierra Club filed a complaint alleging that EPA had a 
mandatory duty to provide a valid response within 60 days to Sierra 
Club's Title V petition and to respond to the remand of the United 
States Court of Appeals for the Eleventh Circuit in the case of Sierra 
Club v. Leavitt, 368 F.3d 1300 (11th Cir. 2004). Sierra Club had filed 
a petition seeking EPA's objection to the Clean Air Act Title V 
operating permit for the Oglethorpe Power Corporation's Wansley 
Combined Cycle Energy Facility issued by the Georgia Environmental 
Protection Division. EPA denied the petition in an Order dated November 
15, 2002. Sierra Club appealed to the Eleventh Circuit, which vacated 
EPA's Order and remanded to the agency for further consideration. Under 
the terms of the proposed settlement agreement, EPA has agreed to 
respond to the remand by September 15, 2005, and Sierra Club has agreed 
to dismiss its suit with prejudice. In addition, under the proposed 
settlement, EPA would make a payment to Sierra Club in settlement of 
its claims for attorneys' fees in this matter.

DATES: Written comments on the proposed settlement agreement must be 
received by September 12, 2005.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0012, 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-

[[Page 47198]]

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: Monica Jahan Bose, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
telephone: (202) 564-1822.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    This settlement would resolve a lawsuit seeking a response to an 
Eleventh Circuit remand with respect to a petition to object to a Title 
V permit issued by Georgia Environmental Protection Division for the 
Oglethorpe Power Corporation's Wansley Combined Cycle Energy Facility 
in Heard County, Georgia. Under the proposed settlement, the parties 
would seek to stay the pending litigation, and Sierra Club would 
dismiss its lawsuit if the Administrator issues a response to the court 
remand by September 15, 2005. The settlement does not require the 
Administrator to respond to the remand or the petition to object in any 
particular way. If the settlement becomes final and the Administrator 
issues a response to the remand by September 15, 2005, then EPA will 
make a payment to Sierra Club in settlement of Sierra Club's claims for 
attorneys' fees.
    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 settlement agreement 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 
settlement agreement 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 settlement agreement should be 
withdrawn, the terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement

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

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2005-0012 which contains a copy of the 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 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 9, 2005.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office, Office 
of General Counsel.
[FR Doc. 05-16037 Filed 8-11-05; 8:45 am]
BILLING CODE 6560-50-P