[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74046-74048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30106]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9234-1]


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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree, to address a lawsuit filed by WildEarth 
Guardians: WildEarth Guardians v. Jackson, Civil Action No. 1:10-cv-
01672-RPM (D. CO). On or about July 14, 2010, WildEarth Guardians filed 
a complaint alleging that EPA Administrator Jackson failed to fulfill a 
mandatory duty to respond to an administrative petition to object to 
issuance of air permit No. 96OPMR129 to the Public Service Company of 
Colorado doing business as Xcel Energy to operate the Pawnee coal-fired 
power plant in Morgan County, Colorado (the ``Pawnee Petition'') within 
the 60 days specified in section 505(b)(2) of the Clean Air Act and 
asking the court to enter judgment: (i) Declaring that EPA has violated 
the Clean Air Act by failing to grant or deny the administrative 
petition; and, (ii) Ordering EPA to grant or deny the administrative 
petition in accordance with an expeditious schedule prescribed by the 
Court. On September 1, 2010, WildEarth Guardians filed a first amended 
complaint alleging that EPA Administrator Jackson failed to fulfill a 
mandatory duty to respond to administrative petitions to object to the 
issuance of air permit No. 96OPAD137 to Xcel Energy to operate the 
Cherokee

[[Page 74047]]

coal-fired power plant in Denver, Colorado (the ``Cherokee Petition'') 
and air permit No. 960PBO131 to Xcel Energy to operate the Valmont 
coal-fired power plant in Boulder County, Colorado (the ``Valmont 
Petition''). Under the terms of the proposed consent decree, EPA agrees 
to: (i) Sign a response to the Pawnee Petition no later than June 30, 
2011; (ii) sign a response to the Valmont Petition no later than 
September 30, 2011; and, (iii) sign a response to the Cherokee Petition 
no later than October 31, 2011.

DATES: Written comments on the proposed consent decree must be received 
by December 30, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0984, 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: Richard H. Vetter, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (919) 541-2127; fax number (919) 541-4991; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    On or about July 14, 2010, WildEarth Guardians, a non-profit 
conservation organization, filed a complaint in the United States 
District Court for the District of Colorado (Civil Action No. 1:10-cv-
01672-RPM). In the complaint, WildEarth Guardians alleges that EPA has 
failed to fulfill a mandatory duty to respond to an administrative 
petition to object to issuance of air permit No. 96OPMR129 to the 
Colorado Public Service Company, doing business as Xcel Energy for the 
Pawnee coal-fired power plant in Morgan County, Colorado (the ``Pawnee 
Petition'') within the 60 days specified in section 505(b)(2) of the 
Clean Air Act. On September 1, 2010, WildEarth Guardian filed a first 
amended complaint alleging that EPA Administrator Jackson failed to 
fulfill a mandatory duty to respond to administrative petitions to 
object to the issuance of air permit No. 960PAD137 to Xcel Energy to 
operate the Cherokee coal-fired power plant in Denver, Colorado (the 
``Cherokee Petition'') and air permit No. 960PBO131 to Xcel Energy to 
operate the Valmont coal-fired power plant in Boulder County, Colorado 
(the ``Valmont Petition'') within the 60 days specified in section 
505(b)(2) of the Clean Air Act.
    The EPA and WildEarth Guardians chose to enter into a proposed 
consent decree to avoid protracted and costly litigation and to 
preserve judicial resources. Under the terms of the proposed consent 
decree, EPA is to: (i) Sign a response to the Pawnee Petition no later 
than June 30, 2011; (ii) sign a response to the Valmont Petition no 
later than September 30, 2011; and, (iii) sign a response to the 
Cherokee Petition no later than October 31, 2011.
    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 Clean Air Act. Unless EPA or the 
Department of Justice determines 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?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2010-0984 which contains a copy of the 
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 on 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,

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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: November 23, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-30106 Filed 11-29-10; 8:45 am]
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