[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 26028-26029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10557]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9808-8]


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''), 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-
00347 (D.D.C.). On May 24, 2012, Plaintiff filed a second amended 
complaint alleging that EPA failed to take final action on specific 
state implementation plan (``SIP'') submissions or portions of 
submissions intended to meet applicable infrastructure SIP requirements 
of CAA section 110(a)(2) for Colorado, Kansas, Missouri, Montana, New 
Jersey, New York, North Dakota, and Utah with regard to the 2006 
PM2.5 National Ambient Air Quality Standard (``NAAQS''). The 
proposed consent decree establishes new deadlines for EPA to take 
action on the SIP submissions at issue in the lawsuit.

DATES: Written comments on the proposed consent decree must be received 
by June 3, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0359, 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: Geoffrey L. Wilcox, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5601; 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 
Sierra Club seeking to compel the Administrator to take final action 
under sections 110(k)(2), (3) and/or (4) of the CAA, 42 U.S.C. 
7410(k)(2), (3) and/or (4), to approve or disapprove, in whole or in 
part, specific ``infrastructure'' SIP submissions for the 2006 
PM2.5 NAAQS submitted by Colorado, Kansas, Missouri, 
Montana, New Jersey, New York, North Dakota, and Utah which are 
identified in Attachment A to the proposed consent decree. By statute, 
EPA must take action on such a SIP submission within 12 months after 
EPA determines the submission to be complete, or within 12 months after 
the submission is deemed complete by operation of law. Because EPA had 
not taken action on the SIP submissions at issue in this litigation by 
the statutorily required dates, EPA determined that it was preferable 
to enter into a consent decree to specify the new date by which EPA 
would take these actions, rather than have a date imposed by a court.
    The proposed consent decree provides that no later than June 13, 
2013, EPA shall sign one or more final rules to approve or disapprove, 
in whole or in part, pursuant to CAA section 110(k)(2), (3) and/or (4), 
the specific infrastructure SIP submissions for the 2006 
PM2.5 NAAQS submitted by Colorado, Kansas, Missouri, 
Montana, New Jersey, New York, North Dakota, and Utah identified in 
Attachment A to the proposed consent decree. The proposed consent 
decree also identifies the specific section 110(a)(2) infrastructure 
SIP elements that EPA must address in the required action for each 
state.
    Within 15 business days following signature of each final rule 
described in the proposed consent decree, EPA is also required to send 
the signed notice to the Office of the Federal Register for review and 
publication in the Federal Register. After EPA fulfills all of its 
obligations under the consent decree, the proposed consent decree 
provides that this case shall be dismissed with prejudice.
    The proposed consent decree also states 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 Sierra Club's 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-2013-0359) contains a copy of the proposed consent 
decree (including Attachment A). 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,

[[Page 26029]]

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.

Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-10557 Filed 5-2-13; 8:45 am]
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