[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16667-16668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06194]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9792-1]


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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree to address a lawsuit filed by Preserve 
Pepe'ekeo Health and Environment in the United States District Court 
for the District of Hawaii: Preserve Pepe'ekeo Health and Environment 
v. EPA, No. CV 12 00520 ACK-RLP (D. HI). On September 19, 2012, 
Preserve Pepe'ekeo Health and Environment filed a complaint that EPA 
failed to perform its nondiscretionary duty pursuant to section 
505(b)(2) of the Act, 42 U.S.C. 7661d(b)(2), to grant or deny, within 
60 days after it was filed, a petition requesting that EPA object to a 
proposed title V operating permit for the Hu Honua Bioenergy Facility 
issued by the Hawai'i Department of Health to Hu Honua. Under the terms 
of the proposed consent decree, EPA would be required to sign its 
response to Plaintiff's petition by August 7, 2013, or within 30 days 
of the entry of this Consent Decree, whichever is later.

DATES: Written comments on the proposed consent decree must be received 
by April 17, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0477, 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-

[[Page 16668]]

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: Susan Stahle, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-1272; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would settle Plaintiff's claims in a 
title V deadline suit concerning an administrative petition dated 
August 29, 2011, to object to a permit issued by the Hawai'i Department 
of Health to Hu Honua to operate a Bioenergy Facility, a power 
generating facility that is proposed to be built in Pepe'ekeo, Hawai'i. 
The proposed consent decree would require EPA to sign its response to 
Plaintiff's petition by August 7, 2013, or within 30 days of the entry 
of this Consent Decree, whichever is later. Once EPA has signed its 
response, EPA would be required to expeditiously deliver notice of its 
response to the Office of the Federal Register for publication. In 
addition, the proposed consent decree would require EPA to promptly 
transmit its determination to Preserve Pepe'ekeo Health and Environment 
and, if such determination contains an objection in whole or in part, 
to the State of Hawai'i, Department of Health. Under the proposed 
consent decree, once EPA has met these obligations, and any claims by 
Plaintiffs for costs of litigation have been resolved pursuant to the 
process provided in the proposed consent decree, the court would 
dismiss the suit with prejudice.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive 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 the 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?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2012-0477 which contains a copy of the 
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, select 
``search,'' then key in the appropriate docket identification number.
    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: March 12, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-06194 Filed 3-15-13; 8:45 am]
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