[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Notices]
[Pages 19013-19014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7572]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9653-7]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a proposed settlement agreement; request for public 
comment.

-----------------------------------------------------------------------

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 settlement agreement to address a lawsuit filed by 
Sierra Club in the United States District Court for the Western 
District of Wisconsin: Sierra Club v. Jackson, No. 3:11-cv-0315 (W.D. 
WI). Plaintiff filed a complaint alleging that EPA has failed to 
satisfy a non-discretionary duty or, in the alternative, has 
unreasonably delayed in acting on the title V permit issued by 
Wisconsin Department of Natural Resources (``WDNR'') for Wisconsin 
Public Service Corporation's J.P. Pulliam Generating Station 
(``Pulliam'') because WDNR had not submitted to EPA a permit revised to 
meet EPA's June 28, 2010 objection to this permit. Under the proposed 
settlement agreement, EPA agrees to a deadline for responding to a 
potential future petition submitted by Plaintiff.

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

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0206, 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: Amy Huang Branning, 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) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    Plaintiff filed a complaint alleging that EPA has failed to satisfy 
a non-discretionary duty or, in the alternative, has unreasonably 
delayed in acting on the title V permit issued by Wisconsin Department 
of Natural Resources (``WDNR'') for Wisconsin Public Service 
Corporation's J.P. Pulliam Generating Station (``Pulliam'') because 
WDNR had not submitted to EPA a permit revised to meet EPA's June 28, 
2010 objection to this permit. However, on February 16, 2012, EPA 
received a proposed revised title V permit for Pulliam from WDNR. As a 
result, Sierra Club and EPA plan to enter into a settlement. Under the 
proposed settlement agreement, if EPA objects to the proposed revised 
permit by April 1, 2012, Plaintiff must notify EPA within ten (10) days 
of EPA's objection whether it seeks to lift the stay of the litigation. 
If Plaintiff seeks to lift the stay, the parties will file a joint 
motion to lift the stay within ten (10) days of Plaintiff's notice, and 
EPA must file the administrative record within thirty (30) days of 
EPA's objection. If Plaintiff does not seek to lift the stay, it will 
file a motion to dismiss the case with prejudice within thirty (30) 
days of EPA's objection. If EPA does not object to the proposed revised 
permit and Plaintiff submits a timely administrative petition pursuant 
to CAA section 505(b)(2), 42 U.S.C. 7661d(B)(2), requesting that EPA 
object to such permit, EPA must respond to the petition within 80 days 
of receiving the petition. No action is required of EPA if Plaintiff 
does not submit a timely petition to EPA.
    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

[[Page 19014]]

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 the 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-2012-0206) contains copies 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, including an electronic copy 
of the proposed settlement agreement. 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 on 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: March 23, 2012.
Patricia Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-7572 Filed 3-28-12; 8:45 am]
BILLING CODE 6560-50-P