[Federal Register Volume 71, Number 167 (Tuesday, August 29, 2006)]
[Notices]
[Pages 51191-51192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14316]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8213-7]


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 Kentuckians for 
the Commonwealth, Friends of the Chattahoochee and Sierra Club 
(collectively, ``plaintiffs''): Kentuckians for the Commonwealth, et 
al. v. Johnson, No. 06CV00184 (RMU) (D. D.C.). Plaintiffs filed a 
complaint on February 2, 2006 and their First Amended Complaint on 
April 14, 2006, claiming that EPA had failed to perform non-
discretionary duties under CAA section 111(b)(1)(B) to review and, if 
appropriate, revise the new source performance standards (``NSPS'') for 
nonmetallic mineral processing plants (Subpart OOO) and for coal 
preparation plants (Subpart Y). Under the proposed consent decree, 
within18 months from when the Court enters the consent decree, EPA 
would be required to sign, and promptly forward to the Office of 
Federal Register, one or a combination of the following for each NSPS: 
(a) A proposed or final determination that review of the NSPS is not 
appropriate in light of readily available information on the efficacy 
of such standard; (b) a proposed determination that based on a complete 
review of the NSPS, revision is not appropriate; or (c) a proposed rule 
containing revisions to the NSPS. Within 30 months from when the Court 
enters the consent decree, EPA would be required to sign and promptly 
forward to the Office of Federal Register one or a combination of the 
following for each NSPS: (a) A final determination that review of the 
NSPS is not appropriate in light of readily available information on 
the efficacy of such standard; (b) a final determination that based on 
a complete review of the NSPS, revision is not appropriate; or (c) a 
final rule containing revisions to the NSPS.

DATES: Written comments on the proposed consent decree must be received 
by September 28, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0727, online at http://www.regulations.gov (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: Susan Stahle, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1272; fax number (202) 564-5603; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Under the terms of the proposed consent decree, once the Court 
enters the decree EPA will begin its efforts involving NSPS Subparts 
OOO and Y to determine what is needed for each NSPS. Within eighteen 
(18) months of entry of the consent decree, the appropriate EPA 
official will sign and promptly forward to the Office of Federal 
Register one or a combination of the following for each NSPS: (a) A 
proposed or final determination that review of the NSPS is not 
appropriate in light of readily available information on the efficacy 
of such standard; (b) a proposed determination that based on a complete 
review of the NSPS, revision is not appropriate; or (c) a proposed rule 
containing revisions to the NSPS.

[[Page 51192]]

    Within thirty (30) months of entry of the consent decree, the 
appropriate EPA official will sign and promptly forward to the Office 
of Federal Register one or a combination of the following for each 
NSPS: (a) A final determination that review of the NSPS is not 
appropriate in light of readily available information on the efficacy 
of such standard; (b) a final determination that based on a complete 
review of the NSPS, revision is not appropriate; or (c) a final rule 
containing revisions to the NSPS.
    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 intervenors 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 determines, based on any comments 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?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2006-0727 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 
http://www.regulations.gov. You may use the http://www.regulations.gov 
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 online at http://www.regulations.gov 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 the 
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.
    Use of the http://www.regulations.gov Web site 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 http://www.regulations.gov, 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, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6-14316 Filed 8-28-06; 8:45 am]
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