[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75672-75673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30492]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9235-1]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; Request for Public 
Comment

-----------------------------------------------------------------------

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby 
given of a proposed settlement agreement to address a lawsuit filed by 
the Louisiana Environmental Action Network in the United States 
District Court for the District of Columbia: Louisiana Environmental 
Action Network v. Jackson,. No 1:09-0133 (D. D.C.). On February 17, 
2010, Plaintiff filed an amended complaint alleging that EPA failed to 
perform nondiscretionary duties under the Clean Air Act related to the 
attainment of National Ambient Air Quality Standards (NAAQS) for ozone 
in the Baton Rouge area. Specifically, they alleged that EPA failed to 
promulgate a Federal Implementation Plan to adopt regulations for the 
Baton Rouge area necessary to implement CAA requirements for ozone 
nonattainment areas that have been designated as ``severe'' 
nonattainment areas for the 1-hour ozone standard. The proposed 
settlement agreement establishes deadlines for EPA to take action on 
certain requirements related to the 1-hour and 1997 8-hour ozone 
standards.

DATES: Written comments on the proposed settlement agreements must be 
received by January 5, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0971, 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.

[[Page 75673]]


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 Settlement Agreement

    The proposed settlement agreement would resolve a lawsuit seeking 
to compel the Agency to promulgate a Federal implementation plan 
addressing certain elements of a severe area 1-hour ozone SIP for Baton 
Rouge. In 2003, EPA reclassified the Baton Rouge area as a severe 1-
hour ozone nonattainment area and established a schedule for Louisiana 
to submit SIP revisions to address the CAA's pollution control 
requirements for severe ozone nonattainment areas. The LDEQ submitted 
to EPA for approval certain SIP revisions relevant to severe 1-hour 
requirements for major sources in the Baton Rouge area, which included: 
(1) A June 15, 2005 submittal titled ``Severe Area Rule Update,'' (2) a 
December 20, 2005, submittal titled ``New Source Review State 
Implementation Plan,'' and (3) a November 9, 2007, submittal titled 
``General Rule Update.''
    Under the proposed settlement agreement, if by February 28, 2012, 
EPA has not taken final action redesignating the Baton Rouge area to 
attainment for the 1997 8-hour ozone NAAQS, EPA will sign a notice to 
be published in the Federal Register, proposing action on (1) LDEQ's 
June 15, 2005 submittal titled ``Severe Area Rule Update,'' (2) LDEQ's 
December 20, 2005, submittal titled ``New Source Review State 
Implementation Plan,'' and (3) LDEQ's November 9, 2007, submittal 
titled ``General Rule Update.'' The proposed settlement also states 
that if by September 30, 2012, EPA has not taken final action 
redesignating the Baton Rouge area to attainment for the 1997 8-hour 
ozone NAAQS, EPA will sign a notice to be published in the Federal 
Register, taking final action on the three SIP submissions identified 
above. If EPA fulfills its obligations, the Parties shall jointly file 
with the Court in LEAN v. Jackson (civil action no. 1:09-01333) a 
motion pursuant to Fed. R. Civ. P. 41(a) to dismiss the case.
    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 agreements 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 agreements 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 that consent to these settlement 
agreements should be withdrawn, the terms of the agreements will be 
affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreements

A. How can I get a copy of the settlement agreements?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2010-0971) contains copies of the proposed settlement 
agreements. 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, 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, 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 29, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-30492 Filed 12-3-10; 8:45 am]
BILLING CODE 6560-50-P