[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Notices]
[Pages 45851-45852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21400]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8953-5]


Proposed Settlement Agreement

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 Colorado 
Citizens Against ToxicWaste and Rocky Mountain Clean Air Action 
(collectively ``Plaintiffs'') in the United States District Court for 
the District of Colorado: Colorado Citizens Against ToxicWaste et al. 
v. Jackson, No. 08-cv-1787 (D. Colo). On or about August 21, 2008, 
Plaintiffs filed a Complaint alleging that EPA failed to perform a non-
discretionary duty to review, and if appropriate revise, 40 CFR Part 
61, Subpart W, National Emission Standards for Radon Emissions from 
Operating Mill Tailings, to comply with the requirements of CAA section 
112(d). Under the terms of the proposed settlement agreement, 
Plaintiffs shall file a motion for voluntary dismissal of the 
Complaint, with prejudice, within 10 business days after publication in 
the Federal Register of either: EPA's issuance of a final determination 
not to revise Subpart W; or EPA's promulgation of a final revision of 
Subpart W.

DATES: Written comments on the proposed settlement agreement must be 
received by October 5, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0679, online at http://www.regulations.gov (EPA's preferred 
method); by e-mail to [email protected]; by mail 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: 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 Settlement Agreement

    This proposed settlement agreement would settle a deadline suit 
filed by Plaintiffs for EPA's failure to review, and if appropriate 
revise, 40 CFR Part 61, Subpart W, National Emission Standards for 
Radon Emissions from Operating Mill Tailings, to comply with the 
requirements of CAA section 112(d). Under the terms of the proposed 
settlement agreement, within 10 business days after Plaintiffs and EPA 
have signed this agreement, the Parties shall file a joint motion with 
the Court notifying it of this agreement and request that this case be 
stayed pending completion of the process under section 113(g) of the 
CAA as set forth in Paragraph 12 of this agreement. Within 10 business 
days of the date this agreement becomes final, Plaintiffs shall file a 
motion to administratively close this case. If EPA signs and submits 
for publication in the Federal Register EPA's promulgation of either 
(1) EPA's issuance of a final determination not to revise Subpart W or 
(2) EPA's promulgation of a final revision of Subpart W, Plaintiffs 
shall file a motion for voluntary dismissal of the Complaint, with 
prejudice, pursuant to Fed. R. Civ. P. 41(a), within 10 business days 
of such publication. Paragraph 3 contains additional steps that EPA 
will complete under the agreement.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement 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 
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 determines, based on any comment submitted, that 
consent to this settlement agreement should be withdrawn, the terms of 
the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

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

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2009-0679) contains a copy of the proposed settlement 
agreement. 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 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.

[[Page 45852]]

    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: September 1, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-21400 Filed 9-3-09; 8:45 am]
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