[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Notices]
[Pages 41186-41187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17026]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2012-0554; FRL-9699-6]


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 the Clean Air Act, as amended ``CAA'' or 
the ``Act'', 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. 12-cv-
00013-RWR (D. D.C.). Plaintiff filed a complaint and a first amended 
complaint alleging that EPA failed to take timely action to approve, 
disapprove, or approve in part and disapprove in part the state 
implementation plan (``SIP'') submittals or portions of submittals for 
the Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area 
from North Carolina and South Carolina. The proposed consent decree 
establishes a deadline of November 30, 2012, for EPA to take action on 
the North Carolina SIP with respect to the reasonable further progress 
(``RFP'') for volatile organic compounds (``VOC'') and nitrogen oxides 
(``NOX'') requirement and the South Carolina SIP with 
respect to the RFP for VOC and NOX and emissions statements 
requirements. The proposed consent decree also establishes a deadline 
of May 1, 2013, for EPA to take action on the North Carolina SIP with 
respect to the reasonable area control technology (``RACT'') for 
NOX.

DATES: Written comments on the proposed consent decree must be received 
by August 13, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0554, 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: Stephanie L. Hogan, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3244; 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 filed by Sierra 
Club seeking to compel the Agency to take final action under sections 
110(k)(2) and (3) of the CAA, 42 U.S.C. 7410(k)(2) and (3), on the SIP 
submittals or portions of submittals for the Charlotte-Gastonia-Rock 
Hill 1997 8-hour ozone nonattainment area from North Carolina and South 
Carolina. Specifically, the lawsuit seeks to compel the Agency to take 
final action, pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), 
on the 1997 8-hour ozone nonattainment area requirements in the North 
Carolina SIP, including the emissions inventory, the RFP for VOC and 
NOX, the RACT for NOX for major sources, and the 
emissions statements. The lawsuit also seeks to compel the Agency to 
take final action pursuant to section 110(k) of the CAA, 42 U.S.C. 
7410(k), on the 1997 8-hour ozone nonattainment area requirements in 
the South Carolina SIP, including the emissions inventory, the RFP for 
VOC and NOX, and the emissions statements.
    On April 24, 2012, EPA took final action to approve the SIP 
submittal submitted by North Carolina addressing the 1997 ozone NAAQS 
emissions statements requirement for the Charlotte-Gastonia-Rock Hill 
1997 8-hour ozone nonattainment area. 77 FR 24382. On May 4, 2012, EPA 
took final action to approve the SIP submittals submitted by North 
Carolina addressing the 1997 ozone NAAQS emissions inventory for the 
Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area. 77 
FR 26441. On May 18, 2012, EPA took final action to approve the SIP 
submittals submitted by South Carolina addressing the 1997 ozone NAAQS 
emissions inventory for the Charlotte-Gastonia-Rock Hill 1997 8-

[[Page 41187]]

hour ozone nonattainment area. 77 FR 29540.
    The proposed consent decree requires that, no later than November 
30, 2012, the appropriate EPA official shall sign a notice of final 
rulemaking approving, disapproving, or approving in part and 
disapproving in part the SIP submittals submitted by North Carolina 
addressing the 1997 ozone NAAQS RFP for VOC and NOX 
requirements for the Charlotte-Gastonia-Rock Hill area. The proposed 
consent decree also requires that, no later than November 30, 2012, the 
appropriate EPA official shall sign a notice of final rulemaking 
approving, disapproving, or approving in part and disapproving in part 
the SIP submittals submitted by South Carolina addressing the 1997 
ozone NAAQS RFP for VOC and NOX, and emissions statements 
requirements for the Charlotte-Gastonia-Rock Hill area. Finally, the 
proposed consent decree requires that, no later than May 1, 2013, the 
appropriate EPA official shall sign a notice of final rulemaking 
approving, disapproving, or approving in part and disapproving in part 
the SIP submittals submitted by North Carolina addressing the 1997 
ozone NAAQS RACT for NOX for major sources requirement for 
the Charlotte-Gastonia-Rock Hill area.
    On June 25, 2012, the EPA issued a direct final rule approving the 
South Carolina emissions statement. 77 FR 37812. The EPA indicated that 
the rule will take effect on August 24, 2012, unless EPA receives 
adverse comment by July 25, 2012, 77 FR 37813. In the event that 
adverse comment is received on the direct final rule, EPA will withdraw 
the direct final rule in order to address the comments and there will 
be no change to the deadlines and obligations contained in the proposed 
consent decree. However, in the event that adverse comment is not 
received on the direct final rule, the rule will take effect as 
scheduled. In the latter case, the EPA intends to remove from the 
proposed consent decree the obligation to act on the South Carolina 
emissions statement by November 30, 2012, as the EPA will have already 
satisfied that obligation.
    The proposed consent decree requires that, following signature, EPA 
shall promptly deliver the notice to the Office of the Federal Register 
for publication in the Federal Register and shall thereafter provide a 
copy of the notice to Plaintiff within ten (10) days. After EPA 
fulfills its obligations under the proposed consent decree, the consent 
decree may be 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 proposed consent 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-2012-0554) 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 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: July 5, 2012.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-17026 Filed 7-11-12; 8:45 am]
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