Proposed Consent Decree, Clean Air Act Citizen Suit, 80808-80809 [2010-32268]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Pages 80808-80809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32268]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9242-5]


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 
Natural Resources Defense Council, Inc. and Coalition for a Safe 
Environment (collectively ``Plaintiffs'') in the United States District 
Court for the Central District of California: Natural Resources Defense 
Council, Inc., et al. v. Jackson, No. CV-10-6029-MMM-AGR (C.D. CA.). On 
August 12, 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 final action to approve or disapprove (1) 
the State Strategy for the 2007 State Implementation Plan (``2007 State 
SIP''), submitted to EPA on November 16, 2007, and (2) the 2007 Air 
Quality Management Plan for the South Coast Air Quality Management 
District (``2007 South Coast SIP''), submitted to EPA on November 28, 
2007. The proposed consent decree establishes a deadline for EPA to 
take action.

DATES: Written comments on the proposed consent decree must be received 
by January 24, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-1060, 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: 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 the Administrator to take final action under section 110(k) of 
the CAA to approve or disapprove (1) the State Strategy for the 2007 
State Implementation Plan (``2007 State SIP''), submitted to EPA on 
November 16, 2007, and (2) the 2007 Air Quality Management Plan for the 
South Coast Air Quality Management District (``2007 South Coast SIP''), 
submitted to EPA on November 28, 2007. Specifically, the consent decree 
addresses only those elements of the 2007 State SIP and 2007 South 
Coast SIP that were submitted by the State of California in response to 
EPA's designations of ``nonattainment'' for the South Coast Air Basin 
with respect to the 1997 NAAQS for ozone and PM2.5. The proposed 
consent decree requires that no later than September 30, 2011, EPA 
shall sign for publication in the Federal Register a notice of the 
Agency's final action on the portions of the 2007 State SIP and 2007 
South Coast SIP that relate to EPA's ``nonattainment'' designation of 
the South Coast Air Basin with respect to the 1997 PM2.5 NAAQS, and 
thereafter send the notice to the Office of the Federal Register for 
review and publication.
    The proposed consent decree also requires that no later than 
December 15, 2011, EPA shall sign for publication in the Federal 
Register a notice of the Agency's final action on the portions of the 
2007 State SIP and 2007 South Coast SIP that relate to the 
nonattainment designation of the South Coast Air Basin with respect to 
the 1997 ozone NAAQS, and thereafter send the notice to the Office of 
the Federal Register for review and publication. After EPA fulfills its 
obligations under the decree, the parties shall file a joint request to 
the Court to dismiss this matter with prejudice.

[[Page 80809]]

    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 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-2010-1060) 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: December 16, 2010.
Kevin W. McLean,
Acting Associate General Counsel.
[FR Doc. 2010-32268 Filed 12-22-10; 8:45 am]
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