[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56612-56614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26338]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8975-9]


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 filed by Association of 
Irritated Residents (``Plaintiff'') in the United States District Court 
for the Northern District of California: Association of Irritated 
Residents v. EPA, No. 09-cv-1890-CW (N.D. Cal.). On or about April 30, 
2009, Plaintiff filed a complaint alleging that EPA failed to perform a 
non-discretionary duty to take action under section 110(k) of the Act 
on a revision to the state implementation plan (SIP) submitted by the 
State of California. Specifically, the complaint alleges that EPA 
failed to take action on two rules amended by the San Joaquin Valley 
Unified Air Pollution Control District (``District'') on September 21, 
2006 and included in a SIP revision submitted to EPA by the California 
Air Resources Board (CARB) on December 29, 2006: Rule 2020 
(``Exemptions'') and Rule 2020 (``New and Modified Stationary Source 
Review Rule''). The subject rule amendments relate to permitting of 
agricultural sources. In the SIP revision dated December 29, 2006, CARB 
submitted amended District Rule 2020 in its entirety but only Paragraph 
4.6.9 of District Rule 2020. Under the terms of the proposed consent 
decree, a deadline has been established for EPA to take action on the 
amended District rules as submitted on December 29, 2006. If EPA 
fulfills its obligations, Plaintiff has agreed to dismiss this suit 
with prejudice.

DATES: Written comments on the proposed consent decree must be received 
by December 2, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0831, online at http://www.regulations.gov (EPA's preferred

[[Page 56613]]

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: Jefferson Wehling, Office of Regional 
Counsel (ORC-2), U.S. Environmental Protection Agency, Region 9, 75 
Hawthorne Street, San Francisco, CA 94105; telephone: (415) 972-3901; 
fax number (415) 947-3571; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking action 
by EPA under section 110(k) of the CAA on two rules amended by the 
District on September 21, 2006 and included in a SIP revision submitted 
by CARB on December 29, 2006: Rule 2020 (``Exemptions'') and Paragraph 
4.6.9 of Rule 2020 (``New and Modified Stationary Source Review 
Rule''). The subject rule amendments relate to permitting of 
agricultural sources. The District has adopted further amendments to 
Rules 2020 and 2201, and CARB has submitted the further amended rules, 
which carry forward the specific amendments to the rules submitted on 
December 29, 2006, to EPA as SIP revisions. The further amended 
District Rule 2020 was submitted on March 7, 2008, and the further 
amended District Rule 2201 was submitted on March 17, 2009.
    Under the terms of the proposed consent decree, EPA will sign for 
publication in the Federal Register notice of the Agency's final action 
pursuant to CAA section 110(k) on Rule 2020 (``Exemptions'') and 
Paragraph 4.6.9 of Rule 2020 (``New and Modified Stationary Source 
Review Rule''), submitted to EPA for review on December 29, 2006, by 
March 15, 2010. However, the proposed consent decree provides that EPA 
final action on the more recent amendments to District Rules 2020 and 
2201 shall discharge EPA's obligations to act on the subject rules as 
submitted on December 29, 2006.
    In the proposed consent decree, EPA agrees that, pursuant to CAA 
section 304(d), 42 U.S.C. 7604(d), Plaintiff is both eligible and 
entitled to recover its 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 amended 
rules.
    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-2009-0831) 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, key in the appropriate docket identification number then select 
``search''.
    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 website 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

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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: October 26, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-26338 Filed 10-30-09; 8:45 am]
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