Proposed Consent Decree, Clean Air Act Citizen Suit, 75797-75798 [E5-7626]

Download as PDF Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Notices ENVIRONMENTAL PROTECTION AGENCY pollutants contained in section 112(b)(3) of the Clean Air Act (‘‘CAA’’). Under the terms of the proposed consent decree, by June 12, 2006, EPA shall either deny or propose to grant Environmental Defense’s petition to list diesel exhaust as a hazardous air pollutant. If EPA proposes to grant the petition, then by May, 2007, EPA shall either grant or deny the petition. DATES: Written comments on the proposed consent decree must be received by January 20, 2006. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2005–0473, online at https:// www.regulations.gov (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: Michael Horowitz, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–5583; fax number (202) 564–5603; e-mail address: horowitz.michael@epa.gov. [FRL–8011–8] SUPPLEMENTARY INFORMATION: Proposed Consent Decree, Clean Air Act Citizen Suit I. Additional Information About the Proposed Consent Decree Environmental Protection Agency (EPA). ACTION: Notice of Proposed Consent Decree; request for public comment. This consent decree would establish deadlines by which EPA must either grant or deny Environmental Defense petition to list diesel exhaust as a hazardous air pollutant under section 112 of the CAA. Under the proposed consent decree no later than June 12, 2006, EPA shall sign a notice for publication in the Federal Register a proposal to grant or a final determination that denies the petition with written explanation of the reasons for EPA’s decision. If the petition is granted, then no later than May 1, 2007, EPA shall sign a final notice for publication in the Federal Register either granting or denying the Environmental Defense petition to list diesel engine exhaust as a hazardous air pollutant. reinstatement); (5) response obligation (i.e., mandatory, voluntary, or required to obtain or retain benefits); (6) a description of the need for and proposed use of the information; (7) a categorical description of the likely respondents; and (8) an estimate of the total annual reporting burden (i.e., the estimated number of likely respondents times the proposed frequency of response per year times the average hours per response). 1. ERA–766R. 2. General Counsel. 3. OMB Number 1903–0073. 4. Three-year approval requested. 5. Mandatory. 6. The ERA–766R is the recordkeeping requirements contained in 10 CFR 210.1 of DOE’s General Allocation and Price Rules. The data are used to help DOE’s General Counsel in its efforts to complete the enforcement program with respect to prior petroleum price and allocation regulations. No data are submitted; only maintenance of records is required. 7. Business or other for-profit. 8. 4 hours. Statutory Authority: Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. No. 104–13) (44 U.S.C. 3501 et seq.). Issued in Washington, DC, December 13, 2005. Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E5–7612 Filed 12–20–05; 8:45 am] BILLING CODE 6450–01–P erjones on PROD1PC68 with NOTICES AGENCY: 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 Environmental Defense: Environmental Defense v. EPA, No. C 05–2090 SC (N.D. CA). On June 6, 2005, Environmental Defense filed a complaint alleging that EPA had failed to perform a nondiscretionary duty by not granting or denying within 18 months Environmental Defense’s Petition asking the Administrator to add diesel engine exhaust to the list of hazardous air VerDate Aug<31>2005 15:25 Dec 20, 2005 Jkt 208001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 75797 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? Direct your comments to the official public docket for this action under Docket ID No. EPA–HQ–OGC–0473 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 https:// www.regulations.gov. You may use the https://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, select ‘‘advance search,’’ 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 online at https://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 E:\FR\FM\21DEN1.SGM 21DEN1 75798 Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Notices 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. erjones on PROD1PC68 with NOTICES 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 the https:// 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, 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 https://www.regulations.gov, 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. VerDate Aug<31>2005 15:25 Dec 20, 2005 Jkt 208001 Dated: December 15, 2005. Richard B. Ossias, Associate General Counsel. [FR Doc. E5–7626 Filed 12–20–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2005–0253– FRL–7752–6] Propylene Oxide Risk Assessment; Notice of Availability and Risk Reduction Options; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Notice; extension of comment period. AGENCY: SUMMARY: EPA issued a notice in the Federal Register of November 9, 2005, concerning propylene oxide (PPO). This document is extending the comment period for 30 days, from January 9, 2006, to February 8, 2006, in response to a request by the Almond Board of California. DATES: Comments must be received on or before February 8, 2006. ADDRESSES: Comments, identified by docket identification (ID) EPA–HQ– OPP–2005–0253– may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION of the November 9, 2005 Federal Register document. FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 603– 0065; fax number: (703) 308–8041; email address: bartow.susan@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? The Agency included in the November 9, 2005 Federal Register document notice a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 under docket ID number EPA–HQ– OPP–2005–0253–. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is (703) 305–5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr/. EDOCKET, EPA’s electronic public docket and comment system was replaced on November 25, 2005, by an enhanced Federal-wide electronic docket management and comment system located at https:// www.regulations.gov. Follow the online instructions. 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.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, select ‘‘search,’’ then key in the appropriate docket ID number. C. How and to Whom Do I Submit Comments? To submit comments, or access the official public docket, please follow the detailed instructions as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION of the November 9, 2005 Federal Register document. If you have questions, consult the person listed under FOR FURTHER INFORMATION CONTACT. II. What Action is EPA Taking? This document extends the public comment period established in the Federal Register document of November 9, 2005 (70 FR 68031) (FRL–7740–2). In that document, EPA made available the human health risk assessment for PPO. PPO is an insecticidal fumigant used on several food items such as processed E:\FR\FM\21DEN1.SGM 21DEN1

Agencies

[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Notices]
[Pages 75797-75798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7626]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8011-8]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; request for public comment.

-----------------------------------------------------------------------

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 Environmental 
Defense: Environmental Defense v. EPA, No. C 05-2090 SC (N.D. CA). On 
June 6, 2005, Environmental Defense filed a complaint alleging that EPA 
had failed to perform a non-discretionary duty by not granting or 
denying within 18 months Environmental Defense's Petition asking the 
Administrator to add diesel engine exhaust to the list of hazardous air 
pollutants contained in section 112(b)(3) of the Clean Air Act 
(``CAA''). Under the terms of the proposed consent decree, by June 12, 
2006, EPA shall either deny or propose to grant Environmental Defense's 
petition to list diesel exhaust as a hazardous air pollutant. If EPA 
proposes to grant the petition, then by May, 2007, EPA shall either 
grant or deny the petition.

DATES: Written comments on the proposed consent decree must be received 
by January 20, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2005-0473, online at https://www.regulations.gov (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: Michael Horowitz, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5583; fax number (202) 564-5603; e-mail address: 
horowitz.michael@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This consent decree would establish deadlines by which EPA must 
either grant or deny Environmental Defense petition to list diesel 
exhaust as a hazardous air pollutant under section 112 of the CAA. 
Under the proposed consent decree no later than June 12, 2006, EPA 
shall sign a notice for publication in the Federal Register a proposal 
to grant or a final determination that denies the petition with written 
explanation of the reasons for EPA's decision. If the petition is 
granted, then no later than May 1, 2007, EPA shall sign a final notice 
for publication in the Federal Register either granting or denying the 
Environmental Defense petition to list diesel engine exhaust as a 
hazardous air pollutant.
    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?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-0473 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 
https://www.regulations.gov. You may use the https://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, select ``advance search,'' 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 online at https://
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

[[Page 75798]]

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 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 the https://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, 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 https://www.regulations.gov, 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: December 15, 2005.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E5-7626 Filed 12-20-05; 8:45 am]
BILLING CODE 6560-50-P
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