[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Pages 43698-43700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20731]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8950-5]


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 Sierra Club 
in the U.S. District Court for the Eastern District of Kentucky: Sierra 
Club v. Johnson, No. 2:09-CV-00085-WOB (E. D. KY). On September 5, 
2008, Sierra Club filed suit to compel the Administrator to issue or 
deny the CAA title V operating permit for the Hugh L. Spurlock 
Generating Station (Spurlock Station), operated by the East Kentucky 
Power Cooperative, Inc. Sierra Club later amended the complaint to 
include a claim to compel the Administrator to respond to a petition 
dated April 28, 2008, seeking EPA's objection to a revised CAA title V 
operating permit issued by the Kentucky Division of Air Quality (KDAQ) 
for the Spurlock Station. Under the terms of the proposed consent 
decree, EPA has agreed to respond to the third claim contained in 
Sierra Club's petition (regarding MACT determinations) by no later than 
September 21, 2009, and to respond to the remaining claims contained in 
the petition by no later than November 30, 2009. The consent decree 
allows Sierra Club sixty (60) days following entry of the decree by the 
Court to file a motion for costs of litigation (including attorneys' 
fees).

DATES: Written comments on the proposed consent decree must be received 
by September 28, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0657, 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,

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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: Kristi Smith, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-3068; fax number (202) 564-5603; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    On August 30, 2008, pursuant to CAA section 505(b)(2), EPA issued 
an order objecting, in part, to the CAA title V operating permit issued 
by KDAQ for the Spurlock Station. On September 5, 2008, Sierra Club 
filed suit to compel the Administrator to issue or deny the CAA title V 
operating permit for the Spurlock Station, arguing that the 
Administrator had a non-discretionary duty to issue or deny the permit 
under CAA section 505(c). Sierra Club also sought, in the alternative, 
an order declaring that the Administrator was unreasonably delayed in 
taking action to issue or deny the permit. Prior to filing that case, 
on April 28, 2008, Sierra Club had submitted a petition to the 
Administrator of the Environmental Protection Agency pursuant to CAA 
section 505(b)(2), requesting that she object to the issuance of a 
revised title V operating permit by KDAQ for the Spurlock Station. 
Sierra Club has amended its complaint in the pending lawsuit to include 
a claim to compel the Administrator to respond to that petition.
    Under the terms of the proposed consent decree, EPA shall grant or 
deny an objection based on the third claim in Sierra Club's petition 
(regarding MACT determinations for mercury and other hazardous air 
pollutants) by no later than September 21, 2009, and shall grant or 
deny an objection based on the petition's remaining claims by no later 
than November 30, 2009. The consent decree allows Sierra Club sixty 
(60) days following entry of the decree by the Court to file a motion 
for costs of litigation (including attorneys' fees). 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 has fulfilled its obligations and Sierra Club's claims for 
litigation costs have been resolved.
    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-2009-0657) 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

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comment that is placed in the official public docket, and made 
available in EPA's electronic public docket.

    Dated: August 21, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-20731 Filed 8-26-09; 8:45 am]
BILLING CODE 6560-50-P