Proposed Consent Decree, Clean Air Act Citizen Suit, 40827-40828 [2010-17136]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Pages 40827-40828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17136]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9175-5]


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 Sierra 
Club in the United States District Court for the Northern District of 
California: Sierra Club v. Jackson, No. 09-cv-00152 SBA (N.D. Cal.). On 
January 13, 2009, Plaintiff filed a complaint alleging that EPA failed 
to meet its obligations under sections 112(d)(6) and 112(f)(2) of the 
CAA to take actions relative to the review/revision of the National 
Emission Standards for Hazardous Air Pollutants with respect to 28 
source categories identified in the complaint. The proposed consent 
decree establishes deadlines for EPA's proposed and final actions for 
meeting these obligations.

DATES: Written comments on the proposed consent decree must be received 
by August 13, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0508, 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, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Amy Branning, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1744; fax number: (202) 564-5603; e-mail address: 
branning.amy@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    Under sections 112(d)(6) and 112(f)(2) of the CAA, EPA has a 
mandatory duty to take actions relative to the review/revision of 
national emission standards for hazardous air pollutants (``NESHAP'') 
within eight years of the issuance of such standards. The proposed 
consent decree would resolve a deadline suit filed by Plaintiff for 
EPA's failure to take the above actions within eight years of issuing 
the NESHAP for the following 28 source categories:
    (1) Marine Tank Vessel Loading Operations (40 CFR part 63, subpart 
Y);
    (2) Pharmaceuticals Production (40 CFR part 63, subpart GGG);
    (3) Printing and Publishing (40 CFR part 63, subpart KK);
    (4) Hand and Decorative Chromium Electroplating and Chromium 
Anodizing Tanks (40 CFR part 63, subpart N);
    (5) Steel Pickling-HCL Process Facilities and Hydrochloric Acid 
Regeneration Plants (40 CFR part 63, subpart CCC);
    (6) Group I Polymers and Resins (40 CFR part 63, subpart U);
    (7) Ship Building and Ship Repair (Surface Coating) Operations (40 
CFR part 63, subpart II);
    (8) Wood Furniture Manufacturing Operations (40 CFR part 63, 
subpart JJ);
    (9) Primary Lead Smelting (40 CFR part 63, subpart TTT);
    (10) Secondary Lead Smelting (40 CFR part 63, subpart X);
    (11) Pulp and Paper Production (40 CFR part 63, subpart S);
    (12) Aerospace Manufacturing and Rework Facilities (40 CFR part 63, 
subpart GG);
    (13) Mineral Wool Production (40 CFR part 63, subpart DDD);
    (14) Primary Aluminum Reduction Plants (40 CFR part 63, subpart 
LL);
    (15) Ferroalloys Production: Ferromanganese and Silicomanganese (40 
CFR part 63, subpart XXX);

[[Page 40828]]

    (16) Wool Fiberglass Manufacturing (40 CFR part 63, subpart NNN);
    (17) Secondary Aluminum Production (40 CFR part 63, subpart RRR);
    (18) Pesticide Active Ingredient Production (40 CFR part 63, 
subpart MMM);
    (19) Polyether Polyols Production (40 CFR part 63, subpart PPP);
    (20) Group IV Polymers and Resins (40 CFR part 63, subpart JJJ);
    (21) Flexible Polyurethane Foam Production (40 CFR part 63, subpart 
III);
    (22) Acrylic and Modacrylic Fibers Production (40 CFR part 63, 
subpart YY);
    (23) Polycarbonate Production (40 CFR part 63, subpart YY);
    (24) Off-Site Waste Recovery operations (40 CFR part 63, subpart 
DD);
    (25) Phosphoric Acid Manufacturing (40 CFR part 63, subpart AA);
    (26) Phosphate Fertilizers Production Plants (40 CFR part 63, 
subpart BB);
    (27) Group III Polymers and Resins--Manufacture of Amino/Phenolic 
Resins (40 CFR part 63, subpart OOO); and
    (28) Portland Cement manufacturing (40 CFR part 63, subpart LLL).
    The proposed Consent Decree establishes deadlines for EPA's 
proposed and final actions for meeting these obligations. The proposed 
Consent Decree further requires that, within 15 business days of 
signing a proposed or final action, EPA shall deliver a notice of such 
action to the Office of the Federal Register for prompt publication. 
The proposed consent decree states that, after EPA fulfills its 
obligations under the decree, EPA may move to have this Decree 
terminated.
    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-2010-0508) 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 on 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: July 8, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-17136 Filed 7-13-10; 8:45 am]
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