Proposed Consent Decree, Clean Air Act Citizen Suit, 65684-65685 [2012-26656]

Download as PDF wreier-aviles on DSK7SPTVN1PROD with NOTICES 65684 Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the docket ID number identified above. EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in www.regulations.gov as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in www.regulations.gov. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in www.regulations.gov. For further information about the electronic docket, go to www.regulations.gov. Title: EPA’s Design for the Environment (DfE) Partner of the Year Awards Program. ICR Status: This is a request to establish a new information collection activity. Abstract: EPA has developed the Partner of the Year Awards to recognize DfE stakeholders who have furthered the goals of DfE through active and exemplary participation in and promotion of the DfE program. Making DfE’s mission known to the widest possible audience, through its safer product label and in other forms of communication, is critical to fully realizing the program’s goals of protecting human health and the environment, promoting a sustainable economy, and creating green jobs, especially in the small business sector. The Partner of the Year Awards will be an annual event, with recognition for DfE stakeholder organizations from five broad categories: (1) Formulators/ product manufacturers (of both consumer and institutional/industrial (I/ I) products), (2) purchasers and distributors, (3) retailers, (4) influencers (e.g., non-governmental organizations, including environmental and health advocates, trade associations, academia, sports teams, and others), and (5) innovators (e.g., chemical manufacturers, technology developers, and others). Within these categories and based on the criteria, DfE may elect to give additional awards in the subcategories of ‘‘small business’’ and VerDate Mar<15>2010 13:17 Oct 29, 2012 Jkt 229001 ‘‘sustained excellence.’’ This information collection activity addresses the reporting burden associated with making application to EPA for recognition in the Partner of the Year Awards program. Responses to this information collection are voluntary. Respondents may claim all or part of a notice as CBI. EPA will disclose information that is covered by a CBI claim only to the extent permitted by, and in accordance with, the procedures in 40 CFR part 2. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average about 15 hours per response. Burden is defined in 5 CFR 1320.3(b). Respondents/Affected Entities: Entities potentially affected by this action are establishments engaged in the production, use, and/or advancement of safer chemicals, that have furthered the goals of DfE through active and exemplary participation in and promotion of the program, and that wish to receive recognition for their achievements. Frequency of Collection: On occasion. Estimated average number of responses for each respondent: 1. Estimated No. of Respondents: 110. Estimated Total Annual Burden on Respondents: 1,650 hours. Estimated Total Annual Costs: $69,790. Changes in Burden Estimates: Since this is a new ICR, change in respondent burden is not applicable. John Moses, Director, Collection Strategies Division. [FR Doc. 2012–26612 Filed 10–29–12; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [FRL–9747–8] 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’’), 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 District of Columbia: Sierra Club v. Jackson, No. 1: 12–cv–00705 (CKK). On May 2, 2012, the Plaintiff filed a First Amended Complaint alleging that EPA failed to perform nondiscretionary duties under the Clean Air Act. Specifically, the Plaintiff alleged that EPA failed to take timely action to approve, disapprove, or approve in part and disapprove in part, pursuant to CAA, the state implementation plan (‘‘SIP’’) submission made by Oklahoma on July 16, 2010, that is captioned ‘‘Excess Emissions Reporting Requirements’’ (referred to herein as ‘‘OK SIP’’). The proposed consent decree establishes deadlines for EPA to take proposed and final action on the OK SIP. The proposed consent decree also provides that once EPA has completed the actions specified in the decree the case will be dismissed with prejudice. DATES: Written comments on the proposed consent decree must be received by November 29, 2012. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2012–0824, online at www.regulations.gov (EPA’s preferred method); by email to oei.docket@epa.gov; mailed 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: Kaytrue Ting, Air and Radiation Law Office (2344A), Office of General SUMMARY: E:\FR\FM\30OCN1.SGM 30OCN1 Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Notices Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–6380; fax number (202) 564–5601; email address: ting.kaytrue@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree The proposed consent decree would resolve a lawsuit filed by the Sierra Club seeking to compel the Administrator to take final action under sections 110(k)(2) and (3) of the CAA, 42 U.S.C. 7410(k)(2) and (3), on a SIP submission made by Oklahoma on July 16, 2010, regarding Excess Emissions Reporting Requirements. The proposed consent decree requires EPA to sign for publication in the Federal Register a notice of proposed rulemaking to act on the OK SIP no later than May 31, 2013, and requires EPA to sign for publication in the Federal Register a notice of final rulemaking acting on the OK SIP no later than January 31, 2014. Following signature of the proposed and final rule described in the proposed consent decree, EPA is required to send the notice to the Office of the Federal Register within fifteen business days for review and publication in the Federal Register. The proposed consent decree also states that after EPA fulfills its obligations under the consent decree, this case shall be dismissed with prejudice. 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. wreier-aviles on DSK7SPTVN1PROD with NOTICES 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–2012–0824) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of VerDate Mar<15>2010 13:17 Oct 29, 2012 Jkt 229001 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 the 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 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 65685 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: October 23, 2012. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2012–26656 Filed 10–29–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9747–4] Senior Executive Service Performance Review Board; Membership U.S. Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: Notice is hereby given of the membership of the U.S. Environmental Protection Agency Performance Review Board for 2012. FOR FURTHER INFORMATION CONTACT: Karen D. Higginbotham, Director, Executive Resources Division, 3606A, Office of Human Resources, Office of Administration and Resources Management, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 564–7287. SUPPLEMENTARY INFORMATION: Section 4314(c)(1) through (5) of Title 5, U.S.C., requires each agency to establish in accordance with regulations prescribed by the Office of Personnel Management, SUMMARY: E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65684-65685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26656]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9747-8]


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''), 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 District of Columbia: Sierra Club v. Jackson, No. 1: 12-
cv-00705 (CKK). On May 2, 2012, the Plaintiff filed a First Amended 
Complaint alleging that EPA failed to perform nondiscretionary duties 
under the Clean Air Act. Specifically, the Plaintiff alleged that EPA 
failed to take timely action to approve, disapprove, or approve in part 
and disapprove in part, pursuant to CAA, the state implementation plan 
(``SIP'') submission made by Oklahoma on July 16, 2010, that is 
captioned ``Excess Emissions Reporting Requirements'' (referred to 
herein as ``OK SIP''). The proposed consent decree establishes 
deadlines for EPA to take proposed and final action on the OK SIP. The 
proposed consent decree also provides that once EPA has completed the 
actions specified in the decree the case will be dismissed with 
prejudice.

DATES: Written comments on the proposed consent decree must be received 
by November 29, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0824, online at www.regulations.gov (EPA's preferred method); 
by email to oei.docket@epa.gov; mailed 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: Kaytrue Ting, Air and Radiation Law 
Office (2344A), Office of General

[[Page 65685]]

Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460; telephone: (202) 564-6380; fax number (202) 
564-5601; email address: ting.kaytrue@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Sierra Club seeking to compel the Administrator to take final action 
under sections 110(k)(2) and (3) of the CAA, 42 U.S.C. 7410(k)(2) and 
(3), on a SIP submission made by Oklahoma on July 16, 2010, regarding 
Excess Emissions Reporting Requirements. The proposed consent decree 
requires EPA to sign for publication in the Federal Register a notice 
of proposed rulemaking to act on the OK SIP no later than May 31, 2013, 
and requires EPA to sign for publication in the Federal Register a 
notice of final rulemaking acting on the OK SIP no later than January 
31, 2014. Following signature of the proposed and final rule described 
in the proposed consent decree, EPA is required to send the notice to 
the Office of the Federal Register within fifteen business days for 
review and publication in the Federal Register. The proposed consent 
decree also states that after EPA fulfills its obligations under the 
consent decree, this case shall be dismissed with prejudice.
    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-2012-0824) 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 the 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: October 23, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-26656 Filed 10-29-12; 8:45 am]
BILLING CODE 6560-50-P
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