[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Notices]
[Pages 34982-34983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14830]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9319-7]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 consent decree to address a lawsuit filed by 
WildEarth Guardians and Elizabeth Crowe in the United States District 
Court for the Northern District of California: WildEarth Guardians and 
Elizabeth Crowe v. Jackson, No. 4:11-cv-02205-SI (N.D. Cal.). On May 5, 
2011, Plaintiffs filed a complaint alleging that EPA failed to perform 
a mandatory duty under the CAA to act on a State Implementation Plan 
submitted by the State of Arizona. In accordance with section 113(g) of 
the Clean Air Act, as amended (``CAA''), 42 U.S.C. 7413(g), notice is 
hereby given of a proposed consent decree, between Petitioners: 
WildEarth Guardians and Elizabeth Crowe, and Respondent, the U.S. 
Environmental Protection Agency (EPA) (collectively ``the Parties''). 
On or about June 13, 2007, the Petitioners submitted to EPA, Arizona's 
State Implementation Plan for the 1997 8-hour ozone nonattainment area 
of Phoenix-Mesa, Arizona (Phoenix-Mesa SIP). The Petitioners allege 
that EPA failed to take timely final action to approve, disapprove, or 
partially approve/disapprove the Phoenix-Mesa SIP. Under the terms of 
the proposed consent decree deadlines have been established for EPA to 
take action.

DATES: Written comments on the proposed consent decree must be received 
by July 15, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0350, 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, 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: 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 Consent Decree

    The proposed consent decree establishes deadlines for EPA to take 
final action under section 110(k) of the CAA to approve, disapprove, or 
partially approve/disapprove the Phoenix-Mesa SIP. The proposed consent 
decree requires that no later than May 31, 2012, EPA shall sign for 
publication in the Federal Register a notice taking final action 
pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), on the 
portions of the Phoenix-Mesa SIP that do not pertain to New Source 
Review (NSR). The proposed consent decree also requires that no later 
than October 31, 2012, EPA shall sign for the publication in the 
Federal Register a notice of the Agency's final action on the portions 
of the Phoenix-Mesa SIP that pertain to NSR. In addition, the proposed 
consent decree states that within fifteen (15) business days following 
signature of such action(s), EPA shall deliver notice of such action to 
the Office of the Federal Register for publication. The proposed 
consent decree further states that if EPA takes final action on its 
proposed rule to classify the Phoenix-Mesa, Arizona nonattainment area 
under Title I, part D, subpart 2 of the CAA before May 31, 2012 or if 
EPA takes final action redesignating the Phoenix-Mesa, Arizona 
nonattainment area to attainment or unclassifiable before May 31, 2012 
then the deadline for action on the non-NSR portions of the plan is 
voided and that if EPA takes final action on either of those two rules 
by October 31, 2012, then the deadline for action on the NSR portion of 
the SIP is voided. The proposed consent decree also states that after 
EPA fulfills its obligations under the decree, the parties will file a 
joint request to the Court to dismiss this matter with prejudice.
    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 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 submitted, that consent to 
this 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-2011-0350) 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://

[[Page 34983]]

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: June 8, 2011.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2011-14830 Filed 6-14-11; 8:45 am]
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