[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Notices]
[Pages 75545-75547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31028]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9497-3]


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 El 
Comit[eacute] para el Bienestar de Earlimart and Association of 
Irritated Residents (collectively ``Plaintiffs'') in the United States 
District Court for the Northern District of California: El 
Comit[eacute] para el Bienestar de Earlimart, et al. v. Jackson, No. 
11-cv-3779 (N.D. Cal). On August 1, 2011, Plaintiffs filed a complaint 
alleging that EPA failed to perform a mandatory duty under section 
110(k)(2) of the CAA, 42

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U.S.C. 7410(k)(2) to take timely final action to approve, disapprove, 
or partially approve/disapprove the proposed state implementation plan 
commitment for the San Joaquin Valley, as well as regulations 
pertaining to field fumigation methods, pesticide emission inventory, 
and field fumigation limits. The proposed consent decree establishes a 
deadline for EPA to take action.

DATES: Written comments on the proposed consent decree must be received 
by January 3, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0930, online at http://www.regulations.gov (EPA's preferred 
method); by email 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: 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; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit seeking to 
compel the Administrator to take timely final action under section 
110(k) of the CAA to approve, disapprove, or partially approve/
disapprove the proposed state implementation plan commitment for the 
San Joaquin Valley (Pesticide Element SIP Submittal), as well as 
regulations pertaining to field fumigation methods, pesticide emission 
inventory, and field fumigation limits (Fumigant Rules SIP Submittal), 
which were submitted to EPA on October 12, 2009. The proposed consent 
decree requires that no later than April 15, 2012, EPA shall sign a 
notice or notices of the Agency's proposed action or actions on the 
Revised Pesticide Element SIP Submittal and the Fumigant Rules SIP 
Submittal pursuant to Section 110(k) of the CAA, 42 U.S.C. 7410(k). The 
proposed consent decree further provides that no later than August 15, 
2012, EPA shall sign a notice or notices of the Agency's final action 
or actions on the Revised Pesticide Element SIP Submittal and the 
Fumigant Rules SIP Submittal pursuant to Section 110(k) of the CAA, 42 
U.S.C. 7410(k). No later than 15 business days following signature, EPA 
shall send the notice or notices to the Office of the Federal Register 
for review and publication in the Federal Register. After EPA fulfills 
its obligations under the decree, the parties shall 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 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-2011-0930) 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 email 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, email address, or other 
contact information unless you provide it in the body of your comment.

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In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through http://www.regulations.gov, your email 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.

Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-31028 Filed 12-1-11; 8:45 am]
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