Proposed Consent Decree, Clean Air Act Citizen Suit, 64077-64078 [E9-29079]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Notices]
[Pages 64077-64078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29079]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9089-6]


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 (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby 
given of a proposed consent decree to address a lawsuit filed by 
WildEarth Guardians in the United States District Court for the 
District of Colorado: WildEarth Guardians v. Jackson, No. 09-cv-02109-
MSK-KLM (D. CO.). On September 3, 2009, Plaintiff filed a complaint 
alleging: (a) That EPA failed to perform a mandatory duty under section 
110(k)(5) of the CAA, 42 U.S.C. 7410(k)(5), to require the State of 
Utah to revise the State Implementation Plan regarding Utah Regulation 
307-107-1 through 307-107-5 (``the Utah breakdown provision''), 
relating to excess emissions resulting from the breakdown of pollution 
control equipment, and (b) that EPA failed to timely respond to a 
petition from WildEarth Guardians requesting EPA to require Utah to 
revise the Utah breakdown provision consistent with CAA section 
110(k)(5). The proposed consent decree establishes a deadline for EPA 
to take final action either issuing a rule under section 110(k)(5) 
requiring Utah to revise the Utah breakdown provision or determining 
that a revision is unnecessary.

DATES: Written comments on the proposed consent decree must be received 
by January 6, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0896, online at https://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,

[[Page 64078]]

and may be mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT: Jan Tierney, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5598; fax number (202) 564-5603; e-mail address: 
tierney.jan@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit seeking to 
compel action by the Administrator to take final action under section 
110(k) of the CAA on the Utah SIP Breakdown provision. The proposed 
consent decree requires EPA to sign for publication in the Federal 
Register no later than February 28, 2011 a notice of the Agency's final 
action determining whether the Utah Breakdown provision (Utah 
Regulations 307-107-1 through 307-107-5) renders the Utah SIP 
``substantially inadequate'' within the meaning of section 110(k)(5) of 
the CAA, 42 U.S.C. 7410(k)(5), and if EPA determines that the SIP is 
substantially inadequate, requiring the State to revise the SIP as it 
relates to the Utah breakdown provision. If EPA fulfills its 
obligations, Plaintiff has agreed to dismiss this suit with prejudice.
    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-2009-0896) 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 
https://www.regulations.gov. You may use 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, 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 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 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 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: November 25, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-29079 Filed 12-4-09; 8:45 am]
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