[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23560-23561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09292]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9803-7]


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''), 
notice is hereby given of a proposed consent decree to resolve a 
lawsuit filed by the Center for Biological Diversity and the Center for 
Environmental Health (``Plaintiffs'') in the United States District 
Court for the Northern District of California: Center for Biological 
Diversity, et al. v. Jackson, No. C-12-04968 JWT (N.D. CA.). On 
September 24, 2012, Plaintiffs filed a complaint alleging that EPA 
failed to make a finding of failure to submit infrastructure state 
implementation plans (SIPs) for Colorado, Hawaii, Illinois, Maryland, 
Massachusetts, New Jersey, Oklahoma, Oregon, Pennsylvania, South 
Dakota, Vermont, and Washington with regard to the 2008 lead National 
Ambient Air Quality Standard (2008 lead NAAQS) by the statutory 
deadline established by CAA. Plaintiffs' complaint also alleged that 
EPA failed to take final action on the infrastructure SIP submitted by 
Tennessee with regard to the 2008 Lead NAAQs by the statutory deadline 
established by CAA. In addition, the complaint alleges that EPA failed 
to determine whether the Herculaneum nonattainment area, in Jefferson 
County, Missouri attained the 1978 lead National Ambient Air Quality 
Standard (1978 lead NAAQS) by its attainment date as mandated by CAA. 
The proposed consent decree establishes a deadline of August 15, 2013 
for EPA to take action with respect to the Tennessee infrastructure SIP 
and the Herculaneum nonattainment area.

DATES: Written comments on the proposed consent decree must be received 
by May 20, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0236, 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: David Orlin, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-1222; fax number (202) 564-5601; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 23561]]

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by 
Plaintiffs seeking to compel the Agency to satisfy certain mandatory 
duties under the Clean Air Act. The proposed consent decree provides 
that no later than August 15, 2013, EPA shall sign for publication in 
the Federal Register a notice of EPA's action approving, disapproving, 
or approving in part and disapproving in part the infrastructure SIP 
for the 2008 lead NAAQS submitted by Tennessee. In addition, the 
proposed consent decree provides that no later than August 15, 2013, 
EPA shall sign for publication in the Federal Register a notice of 
EPA's determination whether the Herculaneum nonattainment area, in 
Jefferson County, Missouri attained the 1978 lead NAAQS by its 
attainment date, unless as of that date, EPA issues a determination 
that it has received from Missouri a nonattainment area SIP for the 
2008 lead NAAQS for the Herculaneum nonattainment area which meets the 
requirements of 40 CFR 51.103(a) or EPA signs for publication in the 
Federal Register a notice finding that Missouri has failed to submit a 
complete nonattainment area SIP for the 2008 lead NAAQS for the 
Herculaneum nonattainment area. The proposed consent decree also notes 
that on February 15, 2013, EPA signed a notice making certain findings 
that the States of Hawaii, Illinois, Massachusetts, New Jersey, Oregon, 
Vermont and Washington had failed to submit complete infrastructure 
SIPs for the 2008 lead NAAQS, and noted that as of February 14, 2013, 
Colorado, Maryland, Oklahoma, Pennsylvania, and South Dakota had 
submitted complete infrastructure SIPs for the 2008 lead NAAQS.
    Following signature of each final action described in the proposed 
consent decree, EPA shall promptly deliver notice of such action to the 
Office of the Federal Register for review and publication in the 
Federal Register. After EPA fulfills its obligations under the consent 
decree, the consent decree provides that this case shall be dismissed 
with prejudice.
    The proposed consent decree also states that that the consent 
decree can be modified by the parties, or by the court following a 
motion by a party and a response thereto. In addition, the parties 
agree to seek to resolve informally Plaintiffs' claim for litigation 
costs pursuant to 42 U.S.C. 7604(d), but the court would retain 
jurisdiction to resolve that claim.
    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- 2013-0236) 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 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: April 8, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-09292 Filed 4-18-13; 8:45 am]
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