Proposed Consent Decree, Clean Air Act Citizen Suit, 6030-6031 [E9-2342]

Download as PDF 6030 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices docket, and made available in EPA’s electronic public docket. and may be mailed to the mailing address above. Dated: January 16, 2009. Richard B. Ossias, Associate General Counsel. [FR Doc. E9–2341 Filed 2–3–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: Leslie Darman, Office of General Counsel (Mail Code 2355A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–5452; fax number (202) 564–5477; e-mail address: darman.leslie@epa.gov. SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8768–9] 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 (‘‘CAA’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Environmental Integrity Project, Refinery Reform Campaign, Citizens For Environmental Justice, and Suzie Canales (collectively ‘‘Plaintiffs’’) in the United States District Court for the District of Columbia: Environmental Integrity Project, et al. v. Johnson, No. 1:09–cv–00088 RJL (D.D.C.). Plaintiffs filed a deadline suit to compel the Administrator to respond to an administrative petition seeking EPA’s objection to a CAA Title V operating permit issued by the Texas Commission on Environmental Quality to Citgo Refining and Chemicals Company (‘‘Citgo’’) for a refinery plant in Corpus Christi, Texas. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by April 30, 2009. DATES: Written comments on the proposed consent decree must be received by March 6, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0048, online at www.regulations.gov (EPA’s preferred method); by e-mail to oei.docket@epa.gov; 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 a disk or CD– ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, VerDate Nov<24>2008 14:33 Feb 03, 2009 Jkt 217001 I. Additional Information About the Proposed Consent Decree This proposed consent decree would resolve a lawsuit seeking a response to an administrative petition to object to a CAA Title V permit issued by the Texas Commission on Environmental Quality to Citgo for a refinery plant in Corpus Christi, Texas. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by April 30, 2009. In addition, the proposed consent decree states that within fifteen (15) business days EPA shall deliver notice of such action to the Office of the Federal Register for prompt publication. 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, based on any comment submitted, 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–2009–0048) 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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, select ‘‘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 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 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 E:\FR\FM\04FEN1.SGM 04FEN1 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 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, 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 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: January 16, 2009. Richard B. Ossias, Associate General Counsel. [FR Doc. E9–2342 Filed 2–3–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0941; FRL–8399–1] Pesticide Experimental Use Permit; Receipt of Amendment/Extension Application; Comment Request AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA’s receipt of an application 524–EUP–1 from Monsanto Company requesting to amend and extend an experimental use permit (EUP) for the plant-incorporated protectant (PIP) Bacillus thuringiensis Cry1Ac protein and the genetic material necessary for its production (vector PVGMIR9) in MON 87701 soybean. The Agency has determined that the permit may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application. DATES: Comments must be received on or before March 6, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2008–0941, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), VerDate Nov<24>2008 14:33 Feb 03, 2009 Jkt 217001 Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2008– 0941. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at https:// www.regulations.gov, or, if only PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 6031 available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Alan Reynolds, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 605–0515; e-mail address: reynolds.alan@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to those persons interested in agricultural biotechnology or those who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the document by docket ID number and other identifying E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Pages 6030-6031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2342]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8768-9]


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 (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree to address a lawsuit filed by Environmental 
Integrity Project, Refinery Reform Campaign, Citizens For Environmental 
Justice, and Suzie Canales (collectively ``Plaintiffs'') in the United 
States District Court for the District of Columbia: Environmental 
Integrity Project, et al. v. Johnson, No. 1:09-cv-00088 RJL (D.D.C.). 
Plaintiffs filed a deadline suit to compel the Administrator to respond 
to an administrative petition seeking EPA's objection to a CAA Title V 
operating permit issued by the Texas Commission on Environmental 
Quality to Citgo Refining and Chemicals Company (``Citgo'') for a 
refinery plant in Corpus Christi, Texas. Under the terms of the 
proposed consent decree, EPA has agreed to respond to the petition by 
April 30, 2009.

DATES: Written comments on the proposed consent decree must be received 
by March 6, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0048, online at www.regulations.gov (EPA's preferred method); 
by e-mail to oei.docket@epa.gov; 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 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: Leslie Darman, Office of General 
Counsel (Mail Code 2355A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564-
5452; fax number (202) 564-5477; e-mail address: darman.leslie@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking a 
response to an administrative petition to object to a CAA Title V 
permit issued by the Texas Commission on Environmental Quality to Citgo 
for a refinery plant in Corpus Christi, Texas. Under the terms of the 
proposed consent decree, EPA has agreed to respond to the petition by 
April 30, 2009. In addition, the proposed consent decree states that 
within fifteen (15) business days EPA shall deliver notice of such 
action to the Office of the Federal Register for prompt publication.
    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, based on any comment submitted, 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-2009-0048) 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 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, select 
``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 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 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

[[Page 6031]]

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, 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 
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: January 16, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-2342 Filed 2-3-09; 8:45 am]
BILLING CODE 6560-50-P
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