[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 81930-81931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33455]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9614-3]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; 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''), notice is hereby given of a proposed 
settlement agreement between Sierra Club and the U.S. Environmental 
Protection Agency. On March 2, 2011, Sierra Club submitted to Lisa 
Jackson, Administrator, United States Environmental Protection Agency 
(``EPA'') a Notice of intent to sue, pursuant to CAA section 304(b)(2), 
for alleged failure to make determinations of whether certain areas 
designated nonattainment for the 1997 8-hour ozone national ambient air 
quality standard (``8-Hour ozone standard'') have attained that 
standard, pursuant to section 181(b)(2) of the CAA. Sierra Club's 
Notice alleged that EPA failed to perform nondiscretionary duties under 
the CAA as to whether seven 1997 8-hour ozone areas: (1) Boston-
Lawrence-Worcester (Eastern Massachusetts), (2) Chicago-Gary-Lake 
County (Illinois portion), (3) New York-Northern New Jersey-Long Island 
(New York, New Jersey, and Connecticut portions), (4) Springfield 
(Western Massachusetts), (5) St. Louis (Illinois and Missouri 
portions), (6) Charlotte-Gastonia-Rock Hill (North Carolina and South 
Carolina portions), and (7) Boston-Manchester-Portsmouth (New Hampshire 
portion) attained the 1997 8-hour ozone standard by the applicable 
attainment date. The proposed settlement agreement includes the 
Parties' agreement that EPA has taken actions with respect to three of 
these areas--the Boston-Manchester-Portsmouth, Charlotte-Gastonia-Rock 
Hill, and Chicago-Gary-Lake County areas--that have rendered moot the 
allegations in Sierra Club's Notice related to these areas. The 
proposed settlement agreement establishes deadlines for EPA to make 
determinations for the remaining four areas: New York-Northern New 
Jersey-Long Island (NY, NJ, CT) Springfield (Western MA), Boston-
Lawrence-Worcester (Eastern MA), and St. Louis (IL, MO).

DATES: Written comments on the proposed settlement agreement must be 
received by January 30, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-1021, 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

[[Page 81931]]

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: Kendra Sagoff, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5591; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would avoid a lawsuit seeking to 
compel the Administrator to take various actions related to whether 
seven areas: (1) Boston-Lawrence-Worcester (Eastern Massachusetts), (2) 
Chicago-Gary-Lake County (Illinois portion), (3) New York-Northern New 
Jersey-Long Island (New York, New Jersey, and Connecticut portions), 
(4) Springfield (Western Massachusetts), (5) St. Louis (Illinois and 
Missouri portions), (6) Charlotte-Gastonia-Rock Hill (North Carolina 
and South Carolina portions), and (7) Boston-Manchester-Portsmouth (New 
Hampshire portion), which are designated as nonattainment for ozone, 
attained the 1997 8-hour ozone NAAQS by the applicable attainment date. 
The proposed settlement agreement states that Sierra Club and EPA have 
agreed that EPA has taken actions with regard to the Boston-Manchester-
Portsmouth, Charlotte-Gastonia-Rock Hill, and Chicago-Gary-Lake County 
areas, rendering the allegations regarding those areas moot.
    The proposed settlement agreement provides various dates by which 
EPA must propose a determination and make a final determination as to 
whether each of the four remaining areas listed in the Notice has 
attained the 1997 8-hour ozone standard by the applicable attainment 
date. These areas are: New York-Northern New Jersey-Long Island (NY, 
NJ, CT), Springfield (Western MA), Boston-Lawrence-Worcester (Eastern 
MA), and St. Louis (IL, MO).
    No later than 15 business days following signature on each notice 
related to a proposed or final determination 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.
    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.

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-2011-1021) 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 
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 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 22, 2011.
Patricia Embrey,
Acting Associate General Counsel.
[FR Doc. 2011-33455 Filed 12-28-11; 8:45 am]
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