[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56840-56842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22762]


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ENVIRONMENTAL PROTECTION AGENCY

[9728-3]


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''), 42 U.S.C. 7413(g), notice is hereby 
given of a proposed consent decree to address a

[[Page 56841]]

lawsuit filed by the Center for Biological Diversity, Greenpeace, Inc., 
and Port Townsend Airwatchers (collectively, ``Plaintiffs'') in the 
United States District Court for the Northern District of California: 
Center for Biological Diversity, et al. v. EPA, No. C-11-06059 YGR 
(N.D. CA). On December 6, 2011, Plaintiffs filed a complaint alleging 
that EPA failed to review, and if appropriate revise, the New Source 
Performance Standards for Kraft Pulp Mills (``Kraft Pulp NSPS'') under 
CAA section 111(b)(1)(B), 42 U.S.C. 7411(b)(1)(B). The proposed consent 
decree establishes deadlines for EPA to take action.

DATES: Written comments on the proposed consent decree must be received 
by October 15, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0730, 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: Scott Jordan, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-7508; 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 the 
Plaintiffs seeking to compel EPA to review the existing Kraft Pulp NSPS 
under CAA Section 111(b)(1)(B), 42 U.S.C. 7411(b)(1)(B).
    Under the proposed consent decree EPA shall review no later than 
May 15, 2013, the Kraft Pulp NSPS and sign for publication one or a 
combination of the following: (1) A proposed rule containing revisions 
to the Kraft Pulp NSPS, 40 CFR part 60, Subpart BB (``NSPS Subpart 
BB''), under section 111(b)(1)(B) of the CAA, 42 U.S.C. 7411(b)(1)(B); 
(2) a proposed determination under section 111(b)(1)(B) not to revise 
NSPS Subpart BB; or (3) sign for publication a determination that 
review is not appropriate in light of readily available information on 
the efficacy of NSPS Subpart BB. The proposed consent decree also 
states that if EPA signs a proposed rule or a proposed determination 
then no later than March 14, 2014, EPA shall sign one or a combination 
of the following: (1) A final rule containing revisions to NSPS Subpart 
BB under section 111(b)(1)(B) of the CAA, 42 U.S.C. 7411(b)(1)(B); or 
(2) a final determination under section 111(b)(1)(B) not to revise 
Subpart BB.
    The proposed consent decree requires that, within 10 business days 
following signature of the proposed or final rules or determinations 
required in the proposed consent decree, EPA shall forward it or them 
to the Office of the Federal Register for publication in the Federal 
Register. After EPA fulfills its obligations under the proposed consent 
decree, the matter shall be terminated and the case 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 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-2012-0730) 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

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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: September 7, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-22762 Filed 9-13-12; 8:45 am]
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