Proposed Consent Decree, Clean Air Act Citizen Suit, 46168-46169 [05-15739]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Pages 46168-46169]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15739]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7949-6]


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 Sierra Club and 
United States Public Interest Research Group (collectively, 
``Plaintiffs''): Sierra Club, et al. v. Johnson, No. 1:04CV00094 (RBW) 
(D.D.C.) to compel EPA to issue further regulations containing 
requirements to control hazardous air pollutants from motor vehicles 
and motor vehicle fuels. The proposed consent decree would establish a 
deadline of February 28, 2006 for EPA to sign a notice of proposed 
rulemaking containing requirements to control hazardous air pollutants 
from motor vehicles and motor vehicle fuels as the Administrator 
determines are appropriate pursuant to section 202(l)(2) of the Act, 
or, in the alternative, propose that no such requirements are 
necessary. No later than February 9, 2007, EPA shall sign a final rule 
taking final action on such proposal.

DATES: Written comments on the proposed consent decree must be received 
by September 8, 2005.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0010, online at https://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to oei.docket@epa.gov; 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 B102, 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 Wordperfect 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: Steven Silverman, Air and Radiation 
Law Office (2366A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5523.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would establish a schedule for EPA to 
take action pursuant to section 202(l)(2) of the Clean Air Act. That 
provision requires EPA to issue regulations controlling emissions of 
toxic air pollutants from motor vehicles and motor vehicle fuels. EPA 
is to establish standards for motor vehicles and motor vehicle fuels 
reflecting the greatest degree of emission reduction of hazardous air 
pollutants achievable through application of technology which will be 
available, taking into consideration, among other things, costs of the 
technology, noise, energy and safety factors, and lead time.
    EPA issued an initial set of standards implementing this provision, 
and as part of those regulations, indicated that the agency would 
propose further requirements considered appropriate by July 1, 2003, 
and would take final action on such a proposal by July 1, 2004. 40 CFR 
80.1045 (``What additional rulemaking will EPA conduct?''). EPA did not 
propose rules or take final action by these dates.
    Plaintiffs filed suit pursuant to section 304(a)(2) of the Act (42 
U.S.C. 7604(a)(2)) claiming that this regulation established a 
mandatory duty to act by the dates specified in the regulation. EPA 
moved to dismiss, arguing that the rule did not create a mandatory 
duty, and if it did, it was not a duty arising under the relevant 
chapter of the Act, as required by section 304(a)(2). The District 
Court rejected both arguments, holding that the rule created a 
mandatory duty and that it arose from the Clean Air Act. Sierra Club v. 
Leavitt, 355 F. Supp. 2d 544, 557 (D.D.C. 2005).
    Rather than litigate deadlines for EPA to take the actions 
specified in section 80.1045, the parties have negotiated a draft 
consent decree. Under the terms of the proposed decree, no later than 
February 28, 2006, EPA shall sign a proposed rule containing 
requirements to control hazardous air pollutants from motor vehicles 
and motor vehicle fuels as the Administrator determines are appropriate 
pursuant to section 202(l)(2) of the Act, or, in the alternative, 
propose that no such requirements are necessary. No later than February 
9, 2007, EPA shall sign a final rule taking final action on that 
proposal.
    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 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 determine, based on any comment which may be submitted, 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?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2005-0010 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 B102, 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 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at https://www.epa.gov/edocket/ 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,''

[[Page 46169]]

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 in EPA's electronic public docket as EPA receives 
them and 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 EPA's 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 e-mail 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.
    Your use of EPA's electronic public docket 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, e-mail 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 
(e-mail) system is not an ``anonymous access'' system. If you send an 
e-mail comment directly to the Docket without going through EPA's 
electronic public docket, your e-mail 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: August 1, 2005.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office, Office 
of General Counsel.
[FR Doc. 05-15739 Filed 8-8-05; 8:45 am]
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