[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Pages 58808-58809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24369]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9470-1]


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 (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed partial consent decree, to address a lawsuit filed by Sierra 
Club in the United States District Court for the District of Columbia: 
Sierra Club v. EPA, No. 1: 10-cv-1541 (CKK). Plaintiff filed a 
complaint alleging that EPA failed to perform mandatory duties under 
sections 110(c)(1) and (k)(2) of the CAA, 42 U.S.C. 7410(c)(1), (k)(2), 
to: (1) Promulgate a federal implementation plan (``FIP'') for the 
State of Texas that meets the requirements of CAA section 
110(a)(2)(D)(i) for the 1997 fine particulate matter (``PM2.5'') and 
the 1997 8-hour ozone national ambient air quality standards 
(``NAAQS''); (2) promulgate a FIP for the State of Texas that meets the 
requirements of CAA Section 110(a)(2) for the 1997 8-hour ozone NAAQS; 
and (3) take final approval/disapproval action pursuant to CAA section 
110(k)(3) on the state implementation plan (``SIP'') that Texas 
submitted for implementation of the 1997 PM2.5 NAAQS. The partial 
proposed consent decree establishes deadlines for EPA to take these 
actions.

DATES: Written comments on the proposed consent decree must be received 
by October 24, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0785, 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: 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) 564-1744; fax number (202) 564-5601; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    The partial proposed consent decree would resolve a lawsuit seeking 
to compel the Administrator to take various actions under sections 
110(c)(1) and 110(k) of the CAA with respect to the State of Texas. 
These required actions are: (1) To take an action or actions in 
accordance with section 110(c)(1) to promulgate a federal 
implementation plan (``FIP''), or an unconditional approval of a SIP, 
that meets certain specified requirements of CAA section 110(a)(2) for 
the 1997 8-hour ozone NAAQS; (2) to take an action or actions in 
accordance with section 110(c) to promulgate a FIP, or an unconditional 
approval of a SIP, that meets the requirements of section 
110(a)(2)(D)(i)(II) concerning interference with prevention of 
deterioration of air quality for the 1997 PM2.5 NAAQS; (3) 
to take an action or actions in accordance with section 110(k) 
approving or disapproving a SIP submission regarding certain specified 
requirements of section 110(a)(2) for the 1997 PM2.5 NAAQS; 
and (4) to take an action or actions in accordance with section 110(c) 
to promulgate a FIP, or an unconditional approval of a SIP, that meets 
the requirements of section 110(a)(2)(D)(i)(II) concerning interference 
with measures required in other states related to protection of

[[Page 58809]]

visibility for 1997 8-hour ozone NAAQS and 1997 PM2.5 NAAQS. 
Sierra Club and EPA have jointly moved to stay Plaintiff's claim with 
respect to EPA's obligation to promulgate a FIP for the State of Texas 
that satisfies the requirements of CAA section 110(a)(2)(D)(i)(I) for 
the 1997 8-hour ozone NAAQS and the 1997 PM2.5 NAAQS.
    The proposed consent decree provides various dates by which EPA 
must take action on the claims that are not stayed. No later than 10 
business days following signature of a final rule or determination as 
described in the proposed consent decree, EPA is required to send the 
notice to the Office of the Federal Register for review and publication 
in the Federal Register. The proposed consent decree also states that 
after EPA fulfills its obligations, this case shall be dismissed 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- 2011-0785) 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://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: September 16, 2011.
Kevin W. McLean,
Acting Associate General Counsel.
[FR Doc. 2011-24369 Filed 9-21-11; 8:45 am]
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