[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54463-54465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22429]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9458-7]


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 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 Sierra Club in the United States District Court 
for the Northern District of California: WildEarth Guardians et al. v. 
Jackson, No. 3:11-cv-00190-WHA (N.D. Cal.). On July 6, 2011, Plaintiffs 
filed an amended complaint alleging that EPA failed, among other 
things, to take final action under section 110(k)(2) and (3) of the CAA 
to approve or disapprove, approve in part, or disapprove in part State 
Implementation

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Plan (SIP) submittals or portions of submittals meeting applicable 
requirements of section 110(a)(2) of the CAA, for the States of 
Alabama, Connecticut, Florida, Mississippi, North Carolina, Tennessee, 
Indiana, Maine, Ohio, New Mexico, Delaware, Kentucky, Nevada, Arkansas, 
New Hampshire, South Carolina, Massachusetts, Arizona, Georgia and West 
Virginia with regards to the 2006 PM2.5 National Ambient Air Quality 
Standards (``NAAQS''). The proposed consent decree establishes 
deadlines for EPA to take these actions.

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

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0618, 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 Consent Decree

    The proposed consent decree would resolve a portion of a lawsuit 
seeking to compel the Administrator to take final action under sections 
110(k)(2) and (3) of the CAA to either approve or disapprove, approve 
in part, or disapprove in part SIP submittals or portions of submittals 
meeting applicable requirements of section 110(a)(2) of the CAA. The 
SIP submissions at issue are the ``infrastructure'' SIPs that States 
are required to submit to meet the basic structural requirements to 
provide for the implementation, maintenance, and enforcement of the 
2006 PM2.5 NAAQS within the 20 named States. Under the consent decree, 
various deadlines have been established for EPA to take final action 
for the States of Alabama, Connecticut, Florida, Mississippi, North 
Carolina, Tennessee, Indiana, Maine, Ohio, New Mexico, Delaware, 
Kentucky, Nevada, Arkansas, New Hampshire, South Carolina, 
Massachusetts, Arizona, Georgia and West Virginia. No later than 15 
business days after taking each action, EPA shall send the notice(s) of 
such action to the Office of the Federal Register for review and 
publication in the Federal Register. After EPA fulfills its obligations 
under the decree, the Plaintiffs and EPA agree to file a joint motion 
for voluntary dismissal, 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 that consent to this consent decree should be 
withdrawn, the terms of the agreement 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-2011-0618) 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 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 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,

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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. 2011-22429 Filed 8-31-11; 8:45 am]
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