[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Notices]
[Pages 77226-77228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31822]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9505-2]


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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[[Page 77227]]

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 Sierra 
Club in the United States District Court for the District of Columbia: 
Sierra Club v. Jackson, No. 1:11-cv-00035-GK (D. D.C.). On June 3, 
2011, Plaintiffs filed a complaint alleging that EPA failed to 
promulgate Federal Implementation Plans (``FIPs'') as mandated by 
section 110(c)(1)(A) of the CAA, for a number of areas designated as 
nonattainment for the 1997 8-hour ozone National Ambient Air Quality 
Standards (``NAAQS''). The complaint also alleged that EPA failed to 
perform a duty mandated by section 110(k)(2) of the CAA, to take final 
action by approving in full, disapproving in full, or approving in part 
and disapproving in part certain State Implementation Plan (SIP) 
submittals for the 1997 8-hour ozone NAAQS from the States of Maine, 
Missouri and Illinois. The proposed consent decree establishes 
deadlines for EPA to take action.

DATES: Written comments on the proposed consent decree must be received 
by January 11, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0936, online at 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 Agency to promulgate a FIP for the implementation of 
Reasonably Available Control Technology (RACT) requirements for 
volatile organic compounds (``VOCs'') and NOx for Maine. Specifically 
the consent decree provides for EPA to promulgate a FIP by May 31, 2012 
for VOC RACT rules for the 1997 8-hour ozone standard for all of the 
State and NOx RACT rules for the 1997 8-hour ozone standard for all of 
the State except Northern Maine to the extent that EPA has not approved 
SIPs addressing such rules by that date.
    In addition, the proposed consent decree would require the Agency 
to take final action by January 31, 2012 approving in full, 
disapproving in full, or approving in part and disapproving in part the 
SIP submittals from Missouri addressing the VOC RACT requirements for 
the Missouri portion of the Metro St. Louis area for the 1997 8-hour 
ozone National Ambient Air Quality Standards. Furthermore, it would 
require EPA to take final action by May 31, 2012 on the reasonable 
further progress and attainment demonstration SIPs submitted by the 
State of Illinois for the Illinois portion of the Metro St. Louis area. 
This obligation would be deemed met if EPA redesignates the Illinois 
portion of the Metro St. Louis area to attainment for the 1997 8-hour 
ozone standard no later than May 31, 2012.
    The proposed consent decree also requires that, within 15 business 
days of signing a proposed or final notice or notices, EPA shall 
deliver a notice of such action to the Office of the Federal Register 
for publication. The proposed consent decree states that, after EPA 
fulfills its obligations under the decree, EPA may move to have this 
decree terminated.
    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-2010-0936) 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 
www.regulations.gov. You may use 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 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

[[Page 77228]]

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 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. 
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 
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.

    Dated: December 5, 2011.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2011-31822 Filed 12-9-11; 8:45 am]
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