[Federal Register Volume 79, Number 133 (Friday, July 11, 2014)]
[Notices]
[Pages 40098-40100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16306]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9913-39-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'' or the ``Act''), notice is hereby given of a proposed 
consent decree to address a lawsuit filed by the National Parks 
Conservation Association, et al., (``Plaintiffs') in the United States 
District Court for the District of Minnesota: National Parks 
Conservation Association v. McCarthy, Civil Action No. 12-3043 (RHK/
JSM) (D. Minn.). On December 5, 2012, Plaintiffs filed a complaint 
alleging that Gina McCarthy, in her official capacity as Administrator 
of the United States Environmental Protection Agency (``EPA''), failed 
to perform a mandatory duty to respond to a 2009 certification by the 
Department of the Interior (``DOI'') that visibility impairment in 
Minnesota's Voyageurs National Park and Michigan's Isle Royale National 
Park is reasonably attributable to emissions from Xcel Energy's coal-
fired Sherburne County Generating Station (``Sherco'') in Minnesota. 
The proposed consent decree would establish deadlines for EPA to take 
such action.

DATES: Written comments on the proposed consent decree must be received 
by August 11, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0508 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

[[Page 40099]]

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: Matthew C. Marks, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-3276; fax number: (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would address a lawsuit filed by 
Plaintiffs alleging that EPA failed to perform a mandatory duty 
pursuant to 40 CFR 51.302(c)(4)(iii) and (iv) to promulgate a federal 
reasonably attributable visibility impairment best available retrofit 
technology (``RAVI BART'') determination for the Sherco power plant in 
Minnesota in response to the DOI's October 21, 2009 certification. In 
response to the lawsuit, EPA filed an answer on February 1, 2013, 
denying that the Administrator has a mandatory duty to promulgate RAVI 
BART for Sherco because EPA has not yet determined that visibility 
impairment at one or more Class I areas is reasonably attributable to 
emissions from Sherco. The proposed consent decree would require EPA to 
sign a proposed rule by February 27, 2015, and a final rule by August 
31, 2015, in which EPA determines under 40 CFR 51.302(c)(4)(i) whether 
visibility impairment in Voyageurs National Park or Isle Royale 
National Park is reasonably attributable to Sherco. If EPA determines 
that visibility impairment in Voyageurs National Park or Isle Royale 
National Park is reasonably attributable to Sherco, then EPA's final 
rulemaking shall also include EPA's final determination of BART for 
Sherco. However, if EPA determines that visibility impairment in 
neither Voyageurs National Park nor Isle Royale National Park is 
reasonably attributable to Sherco, then BART for Sherco will not be 
required. In addition, the proposed consent decree states that if EPA 
signs a proposed rule by February 27, 2015, and a final rule by August 
31, 2015, in which EPA either approves a State Implementation Plan 
(``SIP'') or promulgates a Federal Implementation Plan (``FIP'') under 
40 CFR 51.308 that includes a final determination of BART for Sherco, 
then EPA's obligation is fulfilled. The proposed consent decree also 
resolves any claim the Plaintiffs have for the costs of litigation, 
including attorney fees.
    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 are not named as parties or 
interveners 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 consent 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-2014-0508 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 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.


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    Dated: June 27, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-16306 Filed 7-10-14; 8:45 am]
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