[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Notices]
[Pages 39287-39289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15578]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8688-9]


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

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filed by Association of Irritated Residents and Natural Resources 
Defense Council (``Plaintiffs'') in the United States District Court 
for the Northern District of California: Association of Irritated 
Residents v. EPA, No. CV 08-0227-SC (N.D. Cal.). Plaintiffs filed a 
deadline suit to compel the Administrator to take action under section 
110(k) of the Act on three specific revisions to the state 
implementation plan (SIP) submitted by the State of California. The 
three SIP revisions include the 2003 State and Federal Strategy for the 
California State Implementation Plan, the 2004 San Joaquin Valley 
Extreme Ozone Attainment Demonstration Plan (``2004 San Joaquin Valley 
SIP''), and the 2003 Air Quality Management Plan for the South Coast 
Air Quality Management District (``2003 South Coast SIP''). Under the 
terms of the proposed consent decree, deadlines have been established 
for EPA to take action on the three California SIPs. If EPA fulfills 
its obligations, Plaintiffs have agreed to dismiss this suit with 
prejudice.

DATES: Written comments on the proposed consent decree must be received 
by August 8, 2008.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2008-0487, online at 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: Jan Tierney, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5598; 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 to 
compel action by EPA under section 110(k) of the CAA on the following 
three SIP revisions submitted by the State of California: The 2003 
State and Federal Strategy for the California State Implementation 
Plan, the 2004 San Joaquin Valley SIP, and the 2003 South Coast SIP. On 
February 13, 2008, the State of California withdrew specific elements 
of the 2003 State and Federal Strategy for the California State 
Implementation Plan that relate to the South Coast Air Basin. On March 
6, 2006, the State of California submitted a SIP revision that updates 
and replaces chapter 4 of the 2004 San Joaquin Valley SIP.
    Under the terms of the proposed consent decree, EPA will sign for 
publication in the Federal Register notices of the Agency's proposed 
actions pursuant to CAA section 110(k) on the remaining elements of the 
2003 State and Federal Strategy for the California State Implementation 
Plan, the 2004 San Joaquin Valley SIP, and the 2003 South Coast SIP by 
October 15, 2008. EPA will sign notices of the Agency's final actions 
pursuant to CAA section 110(k) on the three plans by January 15, 2009.
    Under the proposed consent decree, EPA actions on any amendments to 
the three plans submitted by the State of California, including the 
replacement of chapter 4 of the 2004 San Joaquin Valley SIP submitted 
on March 6, 2006, shall satisfy the obligations to act on the plans as 
long as EPA meets the deadlines specified in the paragraph above. Also, 
if the State of California rescinds its February 13, 2008 letter 
withdrawing specific elements of the 2003 State and Federal Strategy 
for the California State Implementation Plan that relate to the South 
Coast Air Basin by August 1, 2008, then EPA must act on the plan in its 
entirety, once again, by the dates specified in the paragraph above. If 
the State of California rescinds its February 13, 2008 letter after 
August 1, 2008 but prior to final action on the applicable plans, then 
the parties will negotiate a revised schedule for the applicable plans.
    In the proposed consent decree, EPA agrees that, pursuant to CAA 
section 304(d), 42 U.S.C. 7604(d), Plaintiffs are both eligible and 
entitled to recover their costs of litigation in this action, including 
reasonable attorneys' fees, incurred prior to entry of the consent 
decree. 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 the three 
plans.
    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 
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-2008-0487) 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 
www.regulations.gov. You may use the 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 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

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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 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 
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 2, 2008.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E8-15578 Filed 7-8-08; 8:45 am]
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