[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Notices]
[Pages 39493-39494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16304]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9696-5]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA''), 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: 12-
cv-00012 (CKK). On March 2, 2012, the Plaintiff filed a First Amended 
Complaint alleging that EPA failed to perform nondiscretionary duties 
under the Clean Air Act related to the attainment of National Ambient 
Air Quality Standards (NAAQS) for ozone in the Houston-Galveston-
Brazoria area. Specifically, the Plaintiff alleged that EPA failed to 
take timely action to approve, disapprove, or approve in part and 
disapprove in part, pursuant to CAA, portions of the State of Texas' 
State Implementation Plan (SIP) submittals for the 1997 8-hour ozone 
NAAQS, including an ozone attainment demonstration, contingency 
provisions, reasonably available control technology requirements, 
reasonable further progress provisions, and transportation control 
measures and demonstrations in the Houston-Galveston-Brazoria area. The 
proposed consent decree establishes deadlines for EPA to take action on 
the SIP submittals listed in the consent decree. The proposed consent 
decree also provides that once EPA has completed the actions specified 
in the decree the case will be dismissed with prejudice.

DATES: Written comments on the proposed consent decree must be received 
by August 2, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0516, online at www.regulations.gov (EPA's preferred method); 
by email 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: Kaytrue Ting, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-6380; fax number (202) 564-5601; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Sierra Club seeking to compel the Administrator to take final action 
under sections 110(k)(2) and (3) of the CAA, 42 U.S.C. 7410(k)(2) and 
(3), on portions of the State of Texas' State Implementation Plan (SIP) 
submittals for the 1997 8-hour ozone NAAQS. Specifically, the lawsuit 
seeks to compel the Administrator to take final action, pursuant to 
section 110(k) of the CAA, 42 U.S.C. 7410(k), on several SIP submittals 
related to 1997 8-hour ozone NAAQS nonattainment area requirements in 
the Houston-Galveston-Brazoria area, including: an ozone attainment 
demonstration submitted to EPA on or about April 6, 2010; contingency 
provisions submitted to EPA on or about April 1, 2010; reasonably 
available control technology requirements submitted to EPA on or about 
June 13, 2007; reasonable further progress provisions submitted to EPA 
on or about April 1, 2010; and transportation control measures and 
demonstrations submitted to EPA on or about April 6, 2010.
    The proposed consent decree provides various dates by which EPA 
must take proposed and final action on the SIP submittals at issue. 
Following signature of each proposed and final rule described in the 
proposed consent decree, EPA is required to send the notice to the 
Office of the Federal Register promptly for review and publication in 
the Federal Register. The proposed consent decree also states that 
after EPA fulfills its obligations under the consent decree, 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- 2012-0516) 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 the 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

[[Page 39494]]

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: June 26, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-16304 Filed 7-2-12; 8:45 am]
BILLING CODE 6560-50-P