[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Notices]
[Pages 39409-39410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13908]


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ENVIRONMENTAL PROTECTION AGENCY

[FR-8440-8]


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 Citizens 
Against Ruining the Environment (``Plaintiff'') in the U.S. District 
Court for the Northern District of Illinois: Citizens Against Ruining 
the Environment v. Johnson, No. 06-6915 (N.D. IL). Plaintiff filed a 
deadline suit to compel the Administrator to respond to an 
administrative petition dated November 23, 2005 seeking EPA's objection 
to CAA Title V operating permits for two (2) electrical generating 
stations in the State of Illinois known as the Will County Generating 
Station and the Joliet Generating Station. Under the terms of the 
proposed consent decree, EPA has agreed to respond to the Plaintiff(s 
petition within five (5) business days after the entry of this decree, 
and the Plaintiff has agreed to dismiss the suit with prejudice. In 
addition, EPA has agreed to pay the Plaintiff a specified amount in 
settlement for attorneys' fees and litigation costs in this matter. EPA 
responded to the petition on June 14, 2007.

DATES: Written comments on the proposed consent decree must be received 
by August 17, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0550, 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 3334, 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 Word 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: Paul Versace, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-0219; fax number (202) 564-5603; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking a 
response to an administrative petition dated November 23, 2005 to 
object to CAA Title V permits for two (2) electrical

[[Page 39410]]

generating stations in the State of Illinois known as the Will County 
Generating Station and the Joliet Generating Station. Under the 
proposed consent decree, EPA has agreed to respond to the Plaintiff's 
petition within five (5) business days after the entry of this decree 
and to pay a specified amount in settlement of the Plaintiff's claims 
for attorneys' fees and other litigation costs. The consent decree 
becomes an order of the Court upon entry, and, consistent with the 
terms of the consent decree, the case shall be dismissed with prejudice 
after EPA takes final action on Plaintiff's petition and resolves 
Plaintiff's claims for litigation costs. On June 14, 2007, EPA took 
final action on Plaintiff's CAA Title V petition regarding permits for 
two (2) electrical generating stations in the State of Illinois known 
as the Will County Generating Station and the Joliet Generating 
Station.
    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 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?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2007-0550) contains a copy of the proposed 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 3334, 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: July 11, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-13908 Filed 7-17-07; 8:45 am]
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