Proposed Consent Decree, Clean Air Act Citizen Suit, 58953-58954 [E9-27415]

Download as PDF Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices this guidance document may include the following: • Past generators, current owners, and custodians of elemental mercury; • Recyclers of mercury bearing materials, wastes, and products (e.g., companies that recover dental amalgam); • Major industrial generators of mercury, including the minerals mining industry (especially gold), chlor-alkali (chlorine and caustic soda production) industry, and electrical lighting (e.g., fluorescent lamp) industry; • Private and government contractors managing stockpiled mercury; • Shippers of elemental mercury; • State and Federal regulatory agencies (e.g., EPA); and • Future operators of an elemental mercury storage facility (or facilities) for DOE. As required by the Act, this Interim Guidance outlines existing requirements and standards and applicable procedures for the receipt (including acceptance criteria and packaging/ transfer/transport requirements), management, and long-term storage of elemental mercury by DOE. infrastructure issues along the U.S. border with Mexico. Purpose of Meeting: The purpose of this teleconference is to discuss and approve the Good Neighbor Environmental Board’s draft advice letter to the President on the environmental effects of the U.S.-Mexico border fence and associated infrastructure. The Board will also continue discussion on the Thirteenth Report to the President. SUPPLEMENTARY INFORMATION: If you wish to make oral comments or submit written comments to the Board, please contact Dolores Wesson at least five days prior to the meeting. General Information: Additional information concerning the GNEB can be found on its Web site at http:// www.epa.gov/ocem/gneb. Meeting Access: For information on access or services for individuals with disabilities, please contact Dolores Wesson at (202) 564–1351 or e-mail her at: wesson.dolores@epa.gov. To request accommodation of a disability, please contact Dolores Wesson at least 10 days prior to the meeting to give EPA as much time as possible to process your request. Issued in Washington, DC, on November 9, 2009. Frank Marcinowski, Acting Deputy Assistant Secretary for Technical and Regulatory Support, Office of Environmental Management. [FR Doc. E9–27395 Filed 11–13–09; 8:45 am] Dated: November 3, 2009. Dolores Wesson, Designated Federal Officer. [FR Doc. E9–27417 Filed 11–13–09; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY ENVIRONMENTAL PROTECTION AGENCY [FRL–8981–2] Proposed Consent Decree, Clean Air Act Citizen Suit [FRL–8981–3] Good Neighbor Environmental Board AGENCY: Environmental Protection Agency (EPA). ACTION: Notification of meeting. Pursuant to the Federal Advisory Committee Act, Public Law 92–463, notice is hereby given that the Good Neighbor Environmental Board (GNEB) will hold a public teleconference on December 1, 2009 from 1 p.m. to 3 p.m. Eastern Standard Time. The meeting is open to the public. For further information regarding the teleconference and background materials, please contact Dolores Wesson at the number listed below. Background: GNEB is a federal advisory committee chartered under the Federal Advisory Committee Act, Public Law 92463. GNEB provides advice and recommendations to the President and Congress on environmental and mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 BILLING CODE 6560–50–P 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 Sierra Club and Valley Watch, Inc. (collectively ‘‘Plaintiffs’’) in the United States District Court for the District of Columbia: Sierra Club, et al. v. Jackson, No. 1:09–cv–00312 (D.D.C). Plaintiffs filed suit to compel the Administrator to respond to two administrative petitions seeking EPA’s objection to a combined CAA Title V operating permit and Prevention of Significant Deterioration permit No. V–07–017 issued by the Kentucky Department of Environmental Protection for the proposed Cash Creek Generating Station in Cash Creek, PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 58953 Kentucky. Under the terms of the proposed consent decree, EPA has agreed to respond to the petitions by December 14, 2009. DATES: Written comments on the proposed consent decree must be received by December 16, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0671, online at http:// 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: Mark Kataoka, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–5584; fax number (202) 564–5603; e-mail address: kataoka.mark@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree This proposed consent decree would resolve a lawsuit alleging that the Administrator failed to perform a nondiscretionary duty to grant or deny, within 60 days of submission, two administrative petitions to object to the combined CAA Title V permit and Prevention of Significant Deterioration permit No. V–07–017 issued by the Kentucky Department of Environmental Protection for the proposed Cash Creek Generating Station in Cash Creek, Kentucky. Under the terms of the proposed consent decree, EPA has agreed to respond to the petitions by December 14, 2009, or within 3 days after entry of the consent decree, whichever date is later. In addition, the proposed consent decree states that, after EPA fulfills its obligations under the decree, and the Plaintiffs’ claims for costs of litigation have been resolved pursuant to the process described in the decree, the case shall be dismissed with prejudice. For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written E:\FR\FM\16NON1.SGM 16NON1 58954 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices 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. mstockstill on DSKH9S0YB1PROD with NOTICES 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–2009–0671) 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 http:// www.regulations.gov. You may use the http://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, 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 http:// 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 VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 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. Use of the http://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 http://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: November 5, 2009. Richard B. Ossias, Associate General Counsel. [FR Doc. E9–27415 Filed 11–13–09; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [FRL–8981–5] Proposed Consent Decree 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 the Environmental Integrity Project and Sierra Club (collectively ‘‘Plaintiffs’’) in the United States District Court for the District of Columbia: Environmental Integrity Project, et al. v. EPA, No. 1:09– CV–00218 (D. D.C.). On or about February 4, 2009, Plaintiffs filed a deadline suit alleging that EPA failed to perform a non-discretionary duty to review, and if appropriate revise, 40 CFR part 60, subpart G, New Source Performance Standards for Nitric Acid Plants. Under the terms of the proposed consent decree, on or before November 15, 2010, EPA will sign and submit for publication in the Federal Register one or a combination of the following: (a) A proposed rule containing revisions to NSPS Subpart G pursuant to CAA 111(b)(1)(B); and/or (b) a proposed and/ or final determination under CAA 111(b)(1)(B) not to revise NSPS Subpart G. If EPA signs a proposed rule or proposed determination, then on or before November 15, 2011, EPA will sign and submit for publication in the Federal Register, one or a combination of the following: (a) A final rule containing revisions to NSPS Subpart G pursuant to CAA 111(b)(1)(B); and/or (b) a final determination under CAA 111(b)(1)(B) not to revise NSPS Subpart G. DATES: Written comments on the proposed consent decree must be received by December 16, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0854, online at http:// 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– E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58953-58954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27415]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8981-2]


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 Sierra Club and 
Valley Watch, Inc. (collectively ``Plaintiffs'') in the United States 
District Court for the District of Columbia: Sierra Club, et al. v. 
Jackson, No. 1:09-cv-00312 (D.D.C). Plaintiffs filed suit to compel the 
Administrator to respond to two administrative petitions seeking EPA's 
objection to a combined CAA Title V operating permit and Prevention of 
Significant Deterioration permit No. V-07-017 issued by the Kentucky 
Department of Environmental Protection for the proposed Cash Creek 
Generating Station in Cash Creek, Kentucky. Under the terms of the 
proposed consent decree, EPA has agreed to respond to the petitions by 
December 14, 2009.

DATES: Written comments on the proposed consent decree must be received 
by December 16, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0671, online at http://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: Mark Kataoka, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5584; fax number (202) 564-5603; e-mail address: 
kataoka.mark@epa.gov.

SUPPLEMENTARY INFORMATION:

 I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit alleging that 
the Administrator failed to perform a nondiscretionary duty to grant or 
deny, within 60 days of submission, two administrative petitions to 
object to the combined CAA Title V permit and Prevention of Significant 
Deterioration permit No. V-07-017 issued by the Kentucky Department of 
Environmental Protection for the proposed Cash Creek Generating Station 
in Cash Creek, Kentucky. Under the terms of the proposed consent 
decree, EPA has agreed to respond to the petitions by December 14, 
2009, or within 3 days after entry of the consent decree, whichever 
date is later. In addition, the proposed consent decree states that, 
after EPA fulfills its obligations under the decree, and the 
Plaintiffs' claims for costs of litigation have been resolved pursuant 
to the process described in the decree, the case shall be dismissed 
with prejudice.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written

[[Page 58954]]

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-2009-0671) 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 
http://www.regulations.gov. You may use the http://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, 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 http://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 comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Use of the http://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 http://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: November 5, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-27415 Filed 11-13-09; 8:45 am]
BILLING CODE 6560-50-P