Proposed Consent Decree, Clean Air Act Citizen Suit, 75544-75545 [2011-31019]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Notices]
[Pages 75544-75545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31019]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9497-4]


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 
National Parks Conservation Association, Montana Environmental 
Information Center, Grand Canyon Trust, San Juan Citizens Alliance, Our 
Children's Earth Foundation, Plains Justice, Powder River Basin 
Resource Council, Sierra Club, and Environmental Defense Fund 
(collectively ``Plaintiffs'') in the United States District Court for 
the District of Columbia: National Parks Conservation Association, et 
al. v. Jackson, No. 1:11-cv-1548 (D.D.C.). Plaintiffs filed a complaint 
alleging that EPA failed to promulgate regional haze federal 
implementation plans (FIPs) or approve regional haze state 
implementation plans (SIPs) for 34 states, as required by section 
110(c) of the CAA. The complaint further alleges that EPA has also 
failed to act on ten regional haze SIPs submissions, as required by 
section 110(k) of the CAA. The proposed consent decree establishes 
proposed and final promulgation deadlines for EPA for meeting these 
obligations.

DATES: Written comments on the proposed consent decree must be received 
by January 3, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0929, online at https://www.regulations.gov (EPA's preferred 
method); by email 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: Lea Anderson, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5571; fax number (202) 564-5603; email address: 
anderson.lea@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Under section 110(c) of the CAA, EPA has a mandatory duty to 
promulgate a federal implementation plan (``FIP'') within two years of 
a finding that a state has failed to make a required state 
implementation plan (``SIP'') submittal. EPA is not required to 
promulgate a FIP, however, if the state submits the required SIP and 
EPA approves the plan within the two years of EPA's finding. On January 
15, 2009, EPA found that 37 states, the District of Columbia, and the 
U.S. Virgin Islands had failed to submit CAA SIPs for improving 
visibility in mandatory Federal Class I areas.
    Where a state has submitted a SIP and the SIP has been deemed 
complete, section 110(k)(2) of the CAA requires EPA to act on the SIP 
within twelve months. EPA has received regional haze SIP submissions 
from a number of states but has not yet taken action on these SIPs.
    The proposed consent decree would resolve a deadline suit filed by 
Plaintiffs for EPA to take action on a number of regional haze SIPs. 
The proposed consent decree would address EPA's failure to promulgate 
regional haze FIPs

[[Page 75545]]

or approve regional haze SIPs for 34 of the states that the Agency 
found on January 15, 2009 had failed to submit SIPs addressing the 
requirements of the regional haze program. These 34 states are Alaska, 
California, Connecticut, District of Columbia, Florida, Georgia, 
Hawaii, Idaho, Illinois, Indiana, Kansas, Maine, Maryland, 
Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New 
Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, 
Rhode Island, South Dakota, Texas, Vermont, U.S. Virgin Islands, 
Virginia, Washington, and Wisconsin. The proposed consent decree would 
also address EPA's failure to act on ten regional haze SIPs that have 
been submitted to EPA and deemed complete. These SIPs were submitted by 
Alabama, Albuquerque, NM, Iowa, Louisiana, Mississippi, Missouri, North 
Carolina, South Carolina, Tennessee, and West Virginia.
    The proposed consent decree establishes proposed and final 
promulgation deadlines for EPA for meeting these obligations. It 
further requires that, within ten (10) business days of signing a 
proposed or final rulemaking, EPA shall deliver a notice of such 
rulemaking to the Office of the Federal Register for prompt publication 
and shall provide a copy of the notice to Plaintiffs within five (5) 
days. After EPA fulfills its obligations under the proposed consent 
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 that consent to this consent decree should be 
withdrawn, the terms of the proposed consent 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-2011-0929) 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 email 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, email 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 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through https://www.regulations.gov, your email 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 22, 2011.
Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-31019 Filed 12-1-11; 8:45 am]
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