Proposed Consent Decree, Clean Air Act Citizen Suit, 14784-14785 [2012-6028]

Download as PDF 14784 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices for the advisory meeting or teleconference. Submitters are requested to provide an unsigned version of each document because the SAB Staff Office does not publish documents with signatures on its Web sites. Members of the public should be aware that their personal contact information, if included in any written comments, may be posted to the CASAC Web site. Copyrighted material will not be posted without explicit permission of the copyright holder. Accessibility: For information on access or services for individuals with disabilities, please contact Mr. Aaron Yeow at (202) 564–2050 or yeow.aaron@epa.gov. To request accommodation of a disability, please contact Mr. Yeow preferably at least ten days prior to the public meeting and/or teleconference to give EPA as much time as possible to process your request. Dated: March 6, 2012. Vanessa T. Vu, Director, EPA Science Advisory Board Staff Office. [FR Doc. 2012–6029 Filed 3–12–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9645–7] Notice of Proposed Administrative Settlement Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act AGENCY: Agency. Notice; request for public comment. In accordance with Section 122 (i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the Arkansas Waste to Energy Superfund Site, located in Osceola, Mississippi County, Arkansas. The settlement requires the six (6) settling parties to pay a total of $118,503.00 as payment of response costs to the Hazardous Substances Superfund, as well as remove the remaining 708 drums still onsite. The settlement includes a covenant not to sue pursuant to Section 106 and 107 of CERCLA, 42, U.S.C. 9606 and 9607. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating mstockstill on DSK4VPTVN1PROD with NOTICES 18:29 Mar 12, 2012 Jkt 226001 [FR Doc. 2012–6026 Filed 3–12–12; 8:45 am] BILLING CODE 6560–50–P [FRL–9646–7] ACTION: VerDate Mar<15>2010 Dated: February 29, 2012. Al Armendariz, Regional Administrator. ENVIRONMENTAL PROTECTION AGENCY Environmental Protection SUMMARY: to this notice and will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency’s response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202–2733. DATES: Comments must be submitted on or before April 12, 2012. ADDRESSES: The proposed settlement and additional background information relating to the settlement are available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202–2733. A copy of the proposed settlement may be obtained from Cynthia Brown at, 1445 Ross Avenue, Dallas, Texas 75202–2733 or by calling (214) 665–7480. Comments should reference the Arkansas Waste to Energy Superfund Site, located in Osceola, Mississippi County, Arkansas, and EPA Docket Number 06–11–08, and should be addressed to Cynthia Brown at the address listed above. FOR FURTHER INFORMATION CONTACT: Cynthia Brown 1445 Ross Avenue, Dallas, Texas 75202–2733 or call (214) 665–7480. 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 Kentucky Environmental Foundation in the United States District Court for the District of Columbia: Kentucky Environmental Foundation v. Jackson, No. 11–1253 (D.D.C.). Plaintiff filed a complaint and a first amended complaint alleging that EPA failed to take timely action to approve, disapprove, or approve in part and disapprove in part the State of SUMMARY: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Kentucky’s State Implementation Plan submittals or potions of submittals for: (1) The Kentucky portion of the Cincinnati-Hamilton area, submitted to EPA on or about December 3, 2008, with regard to the 1997 annual fine particular matter (PM2.5) National Ambient Air Quality Standard ( NAAQS); and (2) the Kentucky portion of the Louisville area, submitted to EPA on or about December 3, 2008, with regard to the 1997 annual PM2.5 NAAQS. The proposed consent decree establishes a deadline of October 1, 2012, for EPA to take action on the Louisville submittal. DATES: Written comments on the proposed consent decree must be received by April 12, 2012. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2012–0190, online at 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: Stephanie L. Hogan, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–3244; fax number (202) 564–5603; email address: Hogan.stephanie@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree The proposed consent decree would resolve a lawsuit filed by Kentucky Environmental Foundation seeking to compel the Agency to take final action under sections 110(k)(2) and (3) of the CAA, 42 U.S.C. 7410(k)(2) and (3), on the State of Kentucky’s State Implementation Plan (SIP) submittals dated December 3, 2008. Specifically, the lawsuit seeks to compel the Agency to take final action, pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k), on the 1997 P.M.2.5 nonattainment area requirements, including the attainment demonstrations, contingency measures, emissions inventories, and reasonably E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES available control measures/reasonably available control technology requirements in the CincinnatiHamilton SIP and the Louisville SIP. On March 9, 2011, and September 29, 2011, respectively, EPA determined that the Cincinnati-Hamilton and the Louisville areas had attained the 1997 annual PM2.5 NAAQS. See 76 FR 12860; 76 FR 60373. On September 30, 2011, the State of Kentucky withdrew its previously submitted attainment demonstrations, contingency measures, and reasonably available control measures for the Cincinnati-Hamilton SIP and the Louisville SIP but did not withdraw any portions of its submittals for the Cincinnati-Hamilton SIP and the Louisville SIP that pertain to emissions inventories. On December 15, 2011, EPA approved the emissions inventory in the Cincinnati-Hamilton SIP. See 76 FR 77903. The proposed consent decree requires that, no later than October 1, 2012, the appropriate EPA official shall sign a notice of final rulemaking approving, disapproving, or approving in part and disapproving in part the emissions inventory in the Louisville SIP. In addition, the proposed consent decree requires that, following signature, EPA shall expeditiously deliver the notice to the Office of the Federal Register for publication in the Federal Register and shall thereafter provide a copy of the notice to Plaintiff within ten (10) days. After EPA fulfills its obligations under the proposed consent decree, the consent decree may be 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–2012–0190) contains a VerDate Mar<15>2010 18:29 Mar 12, 2012 Jkt 226001 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 www.regulations.gov. You may use 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 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 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 14785 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 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 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: March 6, 2012. Patricia Embrey, Acting Associate General Counsel. [FR Doc. 2012–6028 Filed 3–12–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9646–6] 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’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to resolve a lawsuit filed by Midwest Environmental Defense Center, Inc., and Clean Water Action Council of Northeast Wisconsin (‘‘Plaintiffs’’), in the United States District Court for the District of Columbia: Midwest Environmental Defense Center, Inc., et al. v. Jackson, No. 11–cv–02137–BAH (D. D.C.). On July 23, 2011, Plaintiffs filed a deadline suit to compel the SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14784-14785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6028]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9646-7]


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 (``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 
Kentucky Environmental Foundation in the United States District Court 
for the District of Columbia: Kentucky Environmental Foundation v. 
Jackson, No. 11-1253 (D.D.C.). Plaintiff filed a complaint and a first 
amended complaint alleging that EPA failed to take timely action to 
approve, disapprove, or approve in part and disapprove in part the 
State of Kentucky's State Implementation Plan submittals or potions of 
submittals for: (1) The Kentucky portion of the Cincinnati-Hamilton 
area, submitted to EPA on or about December 3, 2008, with regard to the 
1997 annual fine particular matter (PM2.5) National Ambient 
Air Quality Standard ( NAAQS); and (2) the Kentucky portion of the 
Louisville area, submitted to EPA on or about December 3, 2008, with 
regard to the 1997 annual PM2.5 NAAQS. The proposed consent 
decree establishes a deadline of October 1, 2012, for EPA to take 
action on the Louisville submittal.

DATES: Written comments on the proposed consent decree must be received 
by April 12, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0190, online at 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: Stephanie L. Hogan, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3244; fax number (202) 564-5603; email address: 
Hogan.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by 
Kentucky Environmental Foundation seeking to compel the Agency to take 
final action under sections 110(k)(2) and (3) of the CAA, 42 U.S.C. 
7410(k)(2) and (3), on the State of Kentucky's State Implementation 
Plan (SIP) submittals dated December 3, 2008. Specifically, the lawsuit 
seeks to compel the Agency to take final action, pursuant to section 
110(k) of the CAA, 42 U.S.C. 7410(k), on the 1997 P.M.2.5 
nonattainment area requirements, including the attainment 
demonstrations, contingency measures, emissions inventories, and 
reasonably

[[Page 14785]]

available control measures/reasonably available control technology 
requirements in the Cincinnati-Hamilton SIP and the Louisville SIP.
    On March 9, 2011, and September 29, 2011, respectively, EPA 
determined that the Cincinnati-Hamilton and the Louisville areas had 
attained the 1997 annual PM2.5 NAAQS. See 76 FR 12860; 76 FR 
60373. On September 30, 2011, the State of Kentucky withdrew its 
previously submitted attainment demonstrations, contingency measures, 
and reasonably available control measures for the Cincinnati-Hamilton 
SIP and the Louisville SIP but did not withdraw any portions of its 
submittals for the Cincinnati-Hamilton SIP and the Louisville SIP that 
pertain to emissions inventories. On December 15, 2011, EPA approved 
the emissions inventory in the Cincinnati-Hamilton SIP. See 76 FR 
77903.
    The proposed consent decree requires that, no later than October 1, 
2012, the appropriate EPA official shall sign a notice of final 
rulemaking approving, disapproving, or approving in part and 
disapproving in part the emissions inventory in the Louisville SIP. In 
addition, the proposed consent decree requires that, following 
signature, EPA shall expeditiously deliver the notice to the Office of 
the Federal Register for publication in the Federal Register and shall 
thereafter provide a copy of the notice to Plaintiff within ten (10) 
days. After EPA fulfills its obligations under the proposed consent 
decree, the consent decree may be 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-2012-0190) 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 
www.regulations.gov. You may use 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 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 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 
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: March 6, 2012.
Patricia Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-6028 Filed 3-12-12; 8:45 am]
BILLING CODE 6560-50-P
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