Proposed Consent Decree, Clean Air Act Citizen Suit, 74046-74048 [2010-30106]

Download as PDF jdjones on DSK8KYBLC1PROD with NOTICES 74046 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 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 https:// www.regulations.gov or superfund.docket@epa.gov. The https:// www.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 https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public 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. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. 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, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the EPA Docket Center—Public Reading Room, EPA/DC, EPA West, Room 3334; 1301 Constitution Ave., NW., Washington, DC. The 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 Superfund docket is (202) 566–0276. FOR FURTHER INFORMATION CONTACT: Chip Love, phone: (703) 603–0695, email: love.chip@epa.gov, Construction and Post Construction Management Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology VerDate Mar<15>2010 15:13 Nov 29, 2010 Jkt 223001 Innovation (mail code 5204P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: EPA’s interim final guidance on Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites addresses some of the common issues that may be encountered during the cleanup process and provides recommendations on how ICs can complement other response actions (such as engineered response action components) at a site. This interim final guidance also provides an overview of EPA’s policy regarding the roles and responsibilities of the parties involved in the various aspects of planning, implementing, maintaining, and enforcing institutional controls. The guidance is available at https:// www.regulations.gov. This guidance does not represent a regulation, and is not subject to the formal provisions of the Administrative Procedures Act. However, EPA recognizes the potential importance of this guidance to its Federal, state, local, and tribal partners, to the regulated community, and to the public, and therefore through this Federal Register notice seeks public input on the topics addressed in this interim final guidance and its implementation. This public input opportunity will be available until January 14, 2011. EPA intends to evaluate whether any changes to the interim final guidance are appropriate and expects to issue a final version of this guidance. For purposes of this Federal Register notice, EPA in particular seeks input on the following: • Are there ways EPA can better evaluate the capacity, willingness, and financial assurance of state, tribal and local governments to assist with ICs and engineering controls when such controls are necessary at a site? • What potential barriers exist with respect to state, local, and tribal government involvement with ICs and what tools or possible solutions could EPA promote to improve the awareness of and involvement in IC activities? • How can site managers better engage and involve affected community stakeholders and local land use decision-makers concerning ICs that may be needed and relied upon to complement other response actions (i.e., engineered response action components) at cleanup sites? • How can information concerning ICs and the underlying land and/or resource use restrictions be made more PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 available to local land use decisionmakers? • How can EPA better identify and account for the full life cycle costs of ICs? EPA intends to accept input on the interim final guidance until January 14, 2011. EPA also intends to fully consider all public input in evaluating whether changes to the interim final guidance are appropriate, and to issue a final version of this guidance. Dated: November 23, 2010. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. 2010–30111 Filed 11–29–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9234–1] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of Proposed Consent Decree; Request for Public Comment. AGENCY: 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 WildEarth Guardians: WildEarth Guardians v. Jackson, Civil Action No. 1:10–cv–01672–RPM (D. CO). On or about July 14, 2010, WildEarth Guardians filed a complaint alleging that EPA Administrator Jackson failed to fulfill a mandatory duty to respond to an administrative petition to object to issuance of air permit No. 96OPMR129 to the Public Service Company of Colorado doing business as Xcel Energy to operate the Pawnee coal-fired power plant in Morgan County, Colorado (the ‘‘Pawnee Petition’’) within the 60 days specified in section 505(b)(2) of the Clean Air Act and asking the court to enter judgment: (i) Declaring that EPA has violated the Clean Air Act by failing to grant or deny the administrative petition; and, (ii) Ordering EPA to grant or deny the administrative petition in accordance with an expeditious schedule prescribed by the Court. On September 1, 2010, WildEarth Guardians filed a first amended complaint alleging that EPA Administrator Jackson failed to fulfill a mandatory duty to respond to administrative petitions to object to the issuance of air permit No. 96OPAD137 to Xcel Energy to operate the Cherokee SUMMARY: E:\FR\FM\30NON1.SGM 30NON1 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices jdjones on DSK8KYBLC1PROD with NOTICES coal-fired power plant in Denver, Colorado (the ‘‘Cherokee Petition’’) and air permit No. 960PBO131 to Xcel Energy to operate the Valmont coal-fired power plant in Boulder County, Colorado (the ‘‘Valmont Petition’’). Under the terms of the proposed consent decree, EPA agrees to: (i) Sign a response to the Pawnee Petition no later than June 30, 2011; (ii) sign a response to the Valmont Petition no later than September 30, 2011; and, (iii) sign a response to the Cherokee Petition no later than October 31, 2011. DATES: Written comments on the proposed consent decree must be received by December 30, 2010. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2010–0984, 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: Richard H. Vetter, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (919) 541–2127; fax number (919) 541–4991; e-mail address: vetter.rick@epa.gov. SUPPLEMENTARY INFORMATION: filed a first amended complaint alleging that EPA Administrator Jackson failed to fulfill a mandatory duty to respond to administrative petitions to object to the issuance of air permit No. 960PAD137 to Xcel Energy to operate the Cherokee coal-fired power plant in Denver, Colorado (the ‘‘Cherokee Petition’’) and air permit No. 960PBO131 to Xcel Energy to operate the Valmont coal-fired power plant in Boulder County, Colorado (the ‘‘Valmont Petition’’) within the 60 days specified in section 505(b)(2) of the Clean Air Act. The EPA and WildEarth Guardians chose to enter into a proposed consent decree to avoid protracted and costly litigation and to preserve judicial resources. Under the terms of the proposed consent decree, EPA is to: (i) Sign a response to the Pawnee Petition no later than June 30, 2011; (ii) sign a response to the Valmont Petition no later than September 30, 2011; and, (iii) sign a response to the Cherokee Petition no later than October 31, 2011. 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 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 Clean Air Act. Unless EPA or the Department of Justice determines that consent to the consent decree should be withdrawn, the terms of the decree will be affirmed. I. Additional Information About the Proposed Consent Decree On or about July 14, 2010, WildEarth Guardians, a non-profit conservation organization, filed a complaint in the United States District Court for the District of Colorado (Civil Action No. 1:10-cv-01672–RPM). In the complaint, WildEarth Guardians alleges that EPA has failed to fulfill a mandatory duty to respond to an administrative petition to object to issuance of air permit No. 96OPMR129 to the Colorado Public Service Company, doing business as Xcel Energy for the Pawnee coal-fired power plant in Morgan County, Colorado (the ‘‘Pawnee Petition’’) within the 60 days specified in section 505(b)(2) of the Clean Air Act. On September 1, 2010, WildEarth Guardian 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–2010– 0984 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 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. VerDate Mar<15>2010 15:13 Nov 29, 2010 Jkt 223001 II. Additional Information About Commenting On the Proposed Consent Decree PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 74047 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, 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, E:\FR\FM\30NON1.SGM 30NON1 74048 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 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 23, 2010. Richard B. Ossias, Associate General Counsel. [FR Doc. 2010–30106 Filed 11–29–10; 8:45 am] 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: Winifred Okoye, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–5446; fax number (202) 564–5603; e-mail address: okoye.winifred@epa.gov. SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P I. Additional Information About the Proposed Consent Decree ENVIRONMENTAL PROTECTION AGENCY 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 certain Kentucky SIP submissions. The proposed consent decree requires EPA, on or before April 15, 2011, to sign and thereafter forward within fifteen (15) business days to the Office of Federal Register for review and publication a notice of final action on the Commonwealth of Kentucky’s May 27, 2008 SIP submittals titled as follows: (a) Ozone maintenance plan SIP revision for a portion of Greenup County located within the Kentucky portion of the Huntington-Ashland 8-hour ozone 110(a)(1) maintenance area; (b) the Edmonson County 8-hour ozone 110(a)(1) maintenance area; and (c) the Lexington 8-hour ozone 110(a)(1) maintenance area (Fayette and Scott Counties). The proposed consent decree also requires EPA, on or before March 15, 2012, to sign and thereafter forward within fifteen (15) days to the Office of Federal Register for review and publication a notice of final action on the Commonwealth of Kentucky’s June 25, 2008 SIP submittal of a Regional Haze State Implementation Plan. 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 [FRL–9234–5] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: 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 and Kentucky Environmental Foundation (collectively ‘‘Plaintiffs’’) in the United States District Court for the District of Columbia: Sierra Club, et al. v. Jackson, No. 10–cv– 00889–CKK (D. DC). On May 26, 2010, Plaintiffs filed a complaint alleging that EPA failed to perform nondiscretionary duties, under section 110(k)(2) of the CAA, 42 U.S.C. 7410(k)(2), to take action on certain State Implementation Plan (‘‘SIP’’) submittals by the State of Kentucky. The proposed consent decree establishes deadlines for EPA to take action. DATES: Written comments on the proposed consent decree must be received by December 30, 2010. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2010–0956, online at https://www.regulations.gov (EPA’s jdjones on DSK8KYBLC1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:13 Nov 29, 2010 Jkt 223001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 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 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–2010–0956) 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 E:\FR\FM\30NON1.SGM 30NON1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74046-74048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30106]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9234-1]


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 WildEarth 
Guardians: WildEarth Guardians v. Jackson, Civil Action No. 1:10-cv-
01672-RPM (D. CO). On or about July 14, 2010, WildEarth Guardians filed 
a complaint alleging that EPA Administrator Jackson failed to fulfill a 
mandatory duty to respond to an administrative petition to object to 
issuance of air permit No. 96OPMR129 to the Public Service Company of 
Colorado doing business as Xcel Energy to operate the Pawnee coal-fired 
power plant in Morgan County, Colorado (the ``Pawnee Petition'') within 
the 60 days specified in section 505(b)(2) of the Clean Air Act and 
asking the court to enter judgment: (i) Declaring that EPA has violated 
the Clean Air Act by failing to grant or deny the administrative 
petition; and, (ii) Ordering EPA to grant or deny the administrative 
petition in accordance with an expeditious schedule prescribed by the 
Court. On September 1, 2010, WildEarth Guardians filed a first amended 
complaint alleging that EPA Administrator Jackson failed to fulfill a 
mandatory duty to respond to administrative petitions to object to the 
issuance of air permit No. 96OPAD137 to Xcel Energy to operate the 
Cherokee

[[Page 74047]]

coal-fired power plant in Denver, Colorado (the ``Cherokee Petition'') 
and air permit No. 960PBO131 to Xcel Energy to operate the Valmont 
coal-fired power plant in Boulder County, Colorado (the ``Valmont 
Petition''). Under the terms of the proposed consent decree, EPA agrees 
to: (i) Sign a response to the Pawnee Petition no later than June 30, 
2011; (ii) sign a response to the Valmont Petition no later than 
September 30, 2011; and, (iii) sign a response to the Cherokee Petition 
no later than October 31, 2011.

DATES: Written comments on the proposed consent decree must be received 
by December 30, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0984, 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: Richard H. Vetter, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (919) 541-2127; fax number (919) 541-4991; e-mail address: 
vetter.rick@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    On or about July 14, 2010, WildEarth Guardians, a non-profit 
conservation organization, filed a complaint in the United States 
District Court for the District of Colorado (Civil Action No. 1:10-cv-
01672-RPM). In the complaint, WildEarth Guardians alleges that EPA has 
failed to fulfill a mandatory duty to respond to an administrative 
petition to object to issuance of air permit No. 96OPMR129 to the 
Colorado Public Service Company, doing business as Xcel Energy for the 
Pawnee coal-fired power plant in Morgan County, Colorado (the ``Pawnee 
Petition'') within the 60 days specified in section 505(b)(2) of the 
Clean Air Act. On September 1, 2010, WildEarth Guardian filed a first 
amended complaint alleging that EPA Administrator Jackson failed to 
fulfill a mandatory duty to respond to administrative petitions to 
object to the issuance of air permit No. 960PAD137 to Xcel Energy to 
operate the Cherokee coal-fired power plant in Denver, Colorado (the 
``Cherokee Petition'') and air permit No. 960PBO131 to Xcel Energy to 
operate the Valmont coal-fired power plant in Boulder County, Colorado 
(the ``Valmont Petition'') within the 60 days specified in section 
505(b)(2) of the Clean Air Act.
    The EPA and WildEarth Guardians chose to enter into a proposed 
consent decree to avoid protracted and costly litigation and to 
preserve judicial resources. Under the terms of the proposed consent 
decree, EPA is to: (i) Sign a response to the Pawnee Petition no later 
than June 30, 2011; (ii) sign a response to the Valmont Petition no 
later than September 30, 2011; and, (iii) sign a response to the 
Cherokee Petition no later than October 31, 2011.
    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 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 Clean Air Act. Unless EPA or the 
Department of Justice determines 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-2010-0984 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 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 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, 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,

[[Page 74048]]

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 23, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-30106 Filed 11-29-10; 8:45 am]
BILLING CODE 6560-50-P

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