[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26752-26753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10691]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9910-61-OGC]


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 partial consent 
decree to address lawsuits filed by the States of New York, 
Connecticut, Maryland, Oregon, Rhode Island, and Vermont; the 
Commonwealth of Massachusetts; and Puget Sound Clean Air Agency 
(collectively ``State Plaintiffs''); the American Lung Association, 
Environmental Defense Fund, Clean Air Council and Environment and Human 
Health, Inc. (collectively ``Environmental Plaintiffs''); and 
interveners the Hearth, Patio & Barbecue Association (``Association 
Plaintiff'') in the United States District Court for the District of 
Columbia: State of New York, et al. v. McCarthy, No. 13-1553 and 
consolidated case No. 13-1555 (D. D.C). Plaintiffs each filed a 
complaint alleging that EPA failed to perform a nondiscretionary duty 
to review, and, if necessary, revise the new performance standards for 
new residential wood heaters, at least every eight years. The consent 
decree would require EPA to sign a notice to take final action by 
February 3, 2015.

DATES: Written comments on the proposed consent decree must be received 
by June 9, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0363, 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: 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 settle claims by the State and 
Environmental Plaintiffs in deadline suits alleging that EPA failed to 
perform a nondiscretionary duty pursuant to section 111(b)(1)(B) of the 
Act, 42 U.S.C. 7411(b)(1)(B) to review, and, if necessary, revise, the 
new source performance standards for new residential wood heaters at 
least once every eight years. The Association Plaintiff has not agreed 
to settle its claims against EPA and does not join in this Consent 
Decree. The proposed consent decree would require EPA, by February 3, 
2015, to sign a Federal Register notice taking final action with 
respect to the Wood Heater NSPS Standards, 40 CFR part 60, Subpart AAA, 
with such modifications as EPA deems appropriate under CAA section 
111(b)(1)(B), 42 U.S.C. 7411(b)(l)(B). Under the proposed consent 
decree, once EPA has met its obligations, and the parties have resolved 
any claims for litigation costs, the State and Environmental Plaintiffs 
and EPA agree that this consent decree shall constitute a complete and 
final settlement of all claims that the State and Environmental 
Plaintiffs asserted against EPA, in State of New York, et al. v. EPA, 
Case No. 1:13-cv-1553-GK (and consolidated case).
    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-2014-0363 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

[[Page 26753]]

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 30, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-10691 Filed 5-8-14; 8:45 am]
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