[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54465-54466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22428]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9458-3]


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''), notice is hereby given of a proposed 
settlement agreement to address a lawsuit filed by Sierra Club and 
WildEarth Guardians in the United States District Court for the 
Northern District of California: Sierra Club et al. v. Jackson, No. 
3:10-cv-04060-CRB (N.D. Cal.). On August 10, 2011, Plaintiffs filed a 
second amended complaint alleging that EPA failed to perform a duty 
mandated by CAA section 110(c)(1), to promulgate Federal Implementation 
Plans (``FIPs'') within twenty-four (24) months after issuing a finding 
of failure to submit State Implementation Plans (``SIPs'') meeting 
applicable requirements of CAA section 110(a)(2), for North Dakota, 
Hawaii, Alaska, Idaho, Oregon, Washington, Maryland, Virginia, 
Arkansas, Arizona, Florida and Georgia with regard to the 1997 8-hour 
ozone National Ambient Air Quality Standards (``NAAQS''). In addition, 
Plaintiffs also alleged that EPA failed to perform a duty mandated by 
CAA section 110(k)(2), to take final action on the SIP submittals or 
portions of submittals meeting applicable requirements of CAA section 
110(a)(2), submitted by Maryland, Virginia, Arkansas, Oklahoma, 
Florida, Georgia, Nevada, North Carolina, Tennessee, and Arizona with 
regard to the 1997 8-hour ozone NAAQS. The proposed settlement 
agreement establishes deadlines for EPA to take these actions. In 
addition, the proposed settlement agreement requires EPA to take 
action, as appropriate, on a petition for rulemaking filed by the 
Sierra Club on an issue related to existing SIP provisions.

DATES: Written comments on the proposed settlement agreement must be 
received by October 3, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0722, 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: Geoffrey L. Wilcox, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5601; 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 Administrator to take various actions related to the 
``infrastructure'' SIP submissions of specific states for the 1997 8-
hour ozone NAAQS. First, the proposed settlement agreement would 
require the Administrator either to promulgate a FIP, or to approve a 
SIP submission from the state in lieu thereof, pursuant to CAA section 
110(c)(1), addressing the applicable requirements of section 110(a)(2), 
for North Dakota, Hawaii, Alaska, Idaho, Oregon, Washington, Maryland, 
Virginia, Arkansas, Arizona, Florida and Georgia with regard to the 
1997 8-hour ozone NAAQS. Second, the proposed settlement agreement 
would also require the Administrator to take final action pursuant to 
CAA section 110(k)(2), on the SIP submittals or portions of submittals 
addressing the applicable requirements of section 110(a)(2), for 
Maryland, Virginia, Arkansas, Oklahoma, Florida, Georgia, Nevada, North 
Carolina, Tennessee, and Arizona with regard to the 1997 8-hour ozone 
NAAQS.
    The proposed settlement agreement provides various dates by which 
EPA must propose action or take final action with respect to each of 
these duties, depending upon the state in question and the element or 
elements of section 110(a)(2) at issue. No later than 15 business days 
following signature on each notice related to a proposed or final 
action specified in the proposed settlement agreement, EPA is required 
to send the notice to the Office of the Federal Register for review and 
publication in the Federal Register. After EPA fulfills all of its 
obligations under the agreement to take actions required by section 
110(c) or section 110(k) with respect to the various elements of 
section 110(a)(2) for the respective states, the Plaintiffs agree to 
file a motion for voluntary dismissal, with prejudice.
    In addition to specific actions required by section 110(c)(1) and 
section 110(k), the proposed settlement agreement obligates EPA to 
respond to a petition for rulemaking from the Sierra Club concerning 
existing provisions in SIPs related to excess emissions from sources 
during periods of startup, shutdown, or malfunction (``SSM'') that may 
be contrary to the CAA and EPA's policies addressing such emissions. 
The proposed settlement agreement requires EPA either to grant or to 
deny the petition with respect to the allegedly illegal SSM provisions 
by a specified date. If EPA grants the petition with respect to a 
provision, EPA agrees to promulgate either a SIP call pursuant to 
section 110(k)(5) or an error correction pursuant to section 110(k)(6), 
as EPA deems appropriate.
    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 that consent to this settlement 
agreement should be withdrawn, the terms of the agreement will be 
affirmed.

[[Page 54466]]

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-2011-0722) 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, 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 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: August 26, 2011.
Patricia Embrey,
Acting, Associate General Counsel.
[FR Doc. 2011-22428 Filed 8-31-11; 8:45 am]
BILLING CODE 6560-50-P