[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46759-46760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19167]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9711-3]


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 section 113(g) of the Clean Air Act, as 
amended (``CAA'' or the ``Act''), 7413(g), notice is hereby given of a 
proposed consent decree to address a lawsuit filed by National Parks 
Conservation Association, Montana Environmental Information Center, 
Grand Canyon Trust, San Juan Citizens Alliance, Our Children's Earth 
Foundation, Plains Justice, Powder River Basin Resource Council, Sierra 
Club, and Environmental Defense Fund (collectively ``Plaintiffs'') in 
the United States District Court for the District of Columbia: National 
Parks Conservation Association, et al. v. Jackson, No. 1:11-cv-1548 
(D.D.C.). Plaintiffs filed a complaint alleging that EPA failed to 
promulgate regional haze federal implementation plans (FIPs) or approve 
regional haze state implementation plans (SIPs) for various states, 
including Florida, as required by section 110(c) of the CAA. The 
complaint further alleged that EPA had also failed to act on ten 
regional haze SIP submissions, as required by section 110(k) of the 
CAA. On March 30, 2012, the Court entered a partial consent decree 
resolving all claims asserted by Plaintiffs, except those with respect 
to Florida. The proposed consent decree establishes proposed and final 
promulgation deadlines for EPA to meet its obligations with respect to 
Florida to resolve Plaintiffs' remaining claims.

DATES: Written comments on the proposed consent decree must be received 
by September 5, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0617, 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: Lea Anderson, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5571; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Under section 110(c) of the CAA, EPA has a mandatory duty to 
promulgate a federal implementation plan (``FIP'') within two years of 
a finding that a state has failed to make a required state 
implementation plan (``SIP'') submittal. EPA is not required to 
promulgate a FIP, however, if the state submits the required SIP and 
EPA approves the plan within the two years of EPA's finding. On January 
15, 2009, EPA found that 37 states, the District of Columbia, and the 
U.S. Virgin Islands had failed to submit CAA SIPs for improving 
visibility in mandatory Federal Class I areas. 74 FR 2392. Plaintiffs 
filed a complaint in 2011 pursuant to CAA section 304(a)(2), 42 U.S.C. 
7604(a)(2), alleging, inter alia, failure by the Administrator to 
promulgate regional haze FIPs or approve regional haze SIPs for 34 
states within two years of its January 15, 2009 finding, as required by 
section 110(c) of the CAA.
    EPA published notice of a proposed consent decree to resolve the 
deadline suit filed by Plaintiffs, requesting comment in accordance 
with section 113(g) of the CAA. 76 FR 75544 (Dec. 2, 2011). Following 
its review of the comments, EPA concluded that it would be 
inappropriate to move forward with the consent decree as it applied to 
Florida, and EPA withdrew its consent to the provisions of the consent 
decree establishing deadlines for action with respect to Florida. As a 
result, in March 2012, the Court entered a partial consent decree 
resolving all Plaintiffs' claims, except those with respect to Florida. 
EPA is requesting comment today on a new proposed consent that 
addresses the Agency's failure to promulgate a regional haze FIP or 
approve a regional haze SIP for Florida within two years of its finding 
that Florida had failed to submit a plan by the December 17, 2007 
deadline.
    The proposed consent decree would resolve the remaining claims by 
Plaintiffs in National Parks Conservation Association, et al. v. 
Jackson, No. 1:11-cv-1548 (D.D.C.). EPA recently proposed action on 
certain revisions to the Florida SIP addressing regional haze. 77 FR 
31240 (May 25, 2012). The proposed consent decree requires EPA to sign 
for publication in the Federal Register by November 15, 2012, a 
notice(s) of final rulemaking taking action on the matters addressed in 
the May 25, 2012 notice of proposed rulemaking. The proposed consent 
decree also establishes proposed and final promulgation deadlines of 
December 3, 2012, and July 13, 2013, respectively, for EPA to approve a 
SIP or promulgate a FIP that will meet all remaining regional haze 
requirements for Florida. The proposed consent decree further requires 
that within ten business days of signing a proposed or final 
rulemaking, EPA will deliver the notice to the Office of the Federal 
Register and will provide a copy of the notice to Plaintiffs within 
five business days. After EPA fulfills its obligations under the 
proposed consent 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 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-2012-0617) contains a copy of the proposed consent 
decree.

[[Page 46760]]

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 27, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-19167 Filed 8-3-12; 8:45 am]
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