Proposed Consent Decree, Clean Air Act Citizen Suit, 23562-23563 [2013-09294]

Download as PDF 23562 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Notices ENVIRONMENTAL PROTECTION AGENCY [FRL–9803–8] Proposed Consent Decree, Clean Air Act Citizen Suit Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–1222; fax number (202) 564–5601; email address: orlin.david@epa.gov. SUPPLEMENTARY INFORMATION: AGENCY: I. Additional Information About the Proposed Consent Decree In accordance with the Clean Air Act, as amended (‘‘CAA’’), notice is hereby given of a proposed consent decree, to resolve a lawsuit filed by Clean Air Council in the United States District Court for the District of Columbia: Clean Air Council v. Jackson, No. 1:12-cv-00707 (D. DC). On May 2, 2012, Plaintiff filed a complaint alleging that EPA failed to promulgate a Federal Implementation Plan (‘‘FIP’’) as mandated by the CAA, addressing certain nonattainment planning provisions for the 1997 fine particulate matter National Ambient Air Quality Standard (‘‘NAAQS’’) in the Commonwealth of Pennsylvania (‘‘Pennsylvania’’). The complaint also alleges that EPA failed to make a determination regarding whether the Liberty-Clairton nonattainment area in Pennsylvania (‘‘Liberty-Clairton Area’’) has attained the 1997 fine particulate matter NAAQS by the applicable attainment date as mandated by the CAA,. The proposed consent decree establishes deadlines for EPA to take action. DATES: Written comments on the proposed consent decree must be received by May 20, 2013. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2013–0234, 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: David Orlin, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection The proposed consent decree would resolve a lawsuit filed by the Clean Air Council seeking to compel the Agency to satisfy certain mandatory duties under the Clean Air Act. Specifically the consent decree provides for EPA to promulgate a FIP by December 15, 2013, for the Liberty-Clairton Area including the following elements: an attainment demonstration, emission inventory, reasonably available control measures/ reasonably available control technology (‘‘RACM/RACT’’), reasonable further progress (‘‘RFP’’), and contingency measures for the 1997 fine particulate matter annual NAAQS under CAA section 110(c)(1)(A), 42 U.S.C. 7410(c)(1)(A). However, pursuant to CAA section 110(k)(3), 42 U.S.C. 7410(k)(3), should EPA approve a state implementation plan for the LibertyClairton Area to attain the 1997 fine particulate matter annual NAAQS for any of the elements listed above, EPA’s obligation to promulgate a federal implementation plan for that element is void. In addition, should EPA make a determination that the Liberty Clairton Area has attained the 1997 fine particulate matter annual NAAQS prior to December 15, 2013 and has not revoked that determination by December 15, 2013, the obligation to promulgate a FIP for an attainment demonstration, reasonably available control measures/reasonably available control technology (‘‘RACM/RACT’’), reasonable further progress (‘‘RFP’’), and contingency measures is void. The proposed consent decree also provides for EPA to make a determination by December 15, 2013, as to whether the Liberty-Clairton Area attained the 1997 fine particulate matter annual NAAQS by the applicable attainment date, unless as of December 15, 2013, EPA has signed a final notice extending the attainment deadline for the 1997 fine particulate matter annual NAAQS for the Liberty-Clairton Area to a date after April 5, 2010. Under the proposed consent decree, within 15 business days following signature of each final action described in the proposed consent decree, EPA shall deliver the notice to the Office of the Federal Register for review and publication in the Federal Register. After EPA fulfills its obligations under the consent decree, the consent decree Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:11 Apr 18, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 provides that this case shall be dismissed with prejudice. The proposed consent decree also states that the consent decree can be modified by the parties, or by the court following a motion by a party and a response thereto. In addition, the parties agree to seek to resolve informally Clean Air Council’s claim for litigation costs pursuant to 42 U.S.C. 7604(d), but the court would retain jurisdiction to resolve that claim. 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–2013–0234) contains a copy of the proposed consent decree (including Attachment A). 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 E:\FR\FM\19APN1.SGM 19APN1 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:11 Apr 18, 2013 Jkt 229001 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. 23563 Dated: April 11, 2013. Anita L. Davis, Chief, Superfund Enforcement & Information Management Branch, Superfund Division. [FR Doc. 2013–09306 Filed 4–18–13; 8:45 am] BILLING CODE 6560–50–P Dated: April 8, 2013. Lorie J. Schmidt, Associate General Counsel. FEDERAL COMMUNICATIONS COMMISSION [FR Doc. 2013–09294 Filed 4–18–13; 8:45 am] [GN Docket No. 13–86; DA 13–581] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9805–2; CERCLA–04–2013–3751] LWD, Inc. Superfund Site; Calvert City, Marshall County, Kentucky; Notice of Settlement Environmental Protection Agency (EPA). ACTION: Notice of Settlement. AGENCY: Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement with one hundred twenty-five (125) parties and nineteen (19) Federal Agencies addressing past costs concerning the LWD, Inc., Superfund Site located in Calvert City, Marshall County, Kentucky. The settlement addresses costs from a federally funded Removal Action taken by EPA at the Site and response costs incurred by the settling parties in connection with the Site pursuant to a 2007 work AOC. DATES: The Agency will consider public comments on the settlement until May 20, 2013. 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. ADDRESSES: Copies of the settlement are available from EPA’s Environmental Protection Specialist, Ms. Paula V. Painter. Submit your comments by Site name LWD, Inc., Superfund Site by one of the following methods: • www.epa.gov/region4/superfund/ programs/enforcement/ enforcement.html • Email. Painter.Paula@epa.gov • U.S. Environmental Protection Agency, Attn: Paula V. Painter, Superfund Division, 61 Forsyth Street SW., Atlanta, Georgia 30303 FOR FURTHER INFORMATION CONTACT: Paula V. Painter at 404/562–8887. SUMMARY: PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 FCC Reduces Backlog of Broadcast Indecency Complaints by 70% (More Than One Million Complaints); Seeks Comments on Adopting Egregious Cases Policy Federal Communications Commission. ACTION: Notice. AGENCY: In this document, the Federal Communications Commission Enforcement Bureau and Office of General Counsel seek comment on whether the full Commission should make changes to its current broadcast indecency policies or maintain them as they are. For example, should the Commission treat isolated expletives in a manner consistent with its decision in Pacifica Foundation, Inc. or instead maintain the approach to isolated expletives set forth in its decision in Complaints Against Various Broadcast Licensees Regarding Their Airing of the ‘‘Golden Globe Awards’’ Program? As another example, should the Commission treat isolated (non-sexual) nudity the same as or differently than isolated expletives? Commenters are invited to address these issues as well as any other aspect of the Commission’s substantive indecency policies. DATES: Written comments may be filed on or before May 20, 2013. Reply comments may be filed on or before June 18, 2013. ADDRESSES: Office of the Secretary, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. See Supplementary Information. FOR FURTHER INFORMATION CONTACT: Eloise Gore, Associate Bureau Chief, Enforcement Bureau, at (202) 418–1066 or Jacob Lewis, Associate General Counsel, Office of the General Counsel, at (202) 418–1767. Please direct press inquiries to Mark Wigfield at (202) 418– 0253. SUPPLEMENTARY INFORMATION: Each document that is filed in this proceeding must display the docket number of this Notice, GN Docket No. 13–86, on the front page. The Public Notice, DA 13–581, released April 1, 2013, is available for inspection and SUMMARY: E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23562-23563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09294]



[[Page 23562]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9803-8]


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 the Clean Air Act, as amended (``CAA''), 
notice is hereby given of a proposed consent decree, to resolve a 
lawsuit filed by Clean Air Council in the United States District Court 
for the District of Columbia: Clean Air Council v. Jackson, No. 1:12-
cv-00707 (D. DC). On May 2, 2012, Plaintiff filed a complaint alleging 
that EPA failed to promulgate a Federal Implementation Plan (``FIP'') 
as mandated by the CAA, addressing certain nonattainment planning 
provisions for the 1997 fine particulate matter National Ambient Air 
Quality Standard (``NAAQS'') in the Commonwealth of Pennsylvania 
(``Pennsylvania''). The complaint also alleges that EPA failed to make 
a determination regarding whether the Liberty-Clairton nonattainment 
area in Pennsylvania (``Liberty-Clairton Area'') has attained the 1997 
fine particulate matter NAAQS by the applicable attainment date as 
mandated by the CAA,. The proposed consent decree establishes deadlines 
for EPA to take action.

DATES: Written comments on the proposed consent decree must be received 
by May 20, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0234, 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: David Orlin, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1222; fax number (202) 564-5601; email address: 
orlin.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Clean Air Council seeking to compel the Agency to satisfy certain 
mandatory duties under the Clean Air Act. Specifically the consent 
decree provides for EPA to promulgate a FIP by December 15, 2013, for 
the Liberty-Clairton Area including the following elements: an 
attainment demonstration, emission inventory, reasonably available 
control measures/reasonably available control technology (``RACM/
RACT''), reasonable further progress (``RFP''), and contingency 
measures for the 1997 fine particulate matter annual NAAQS under CAA 
section 110(c)(1)(A), 42 U.S.C. 7410(c)(1)(A). However, pursuant to CAA 
section 110(k)(3), 42 U.S.C. 7410(k)(3), should EPA approve a state 
implementation plan for the Liberty-Clairton Area to attain the 1997 
fine particulate matter annual NAAQS for any of the elements listed 
above, EPA's obligation to promulgate a federal implementation plan for 
that element is void. In addition, should EPA make a determination that 
the Liberty Clairton Area has attained the 1997 fine particulate matter 
annual NAAQS prior to December 15, 2013 and has not revoked that 
determination by December 15, 2013, the obligation to promulgate a FIP 
for an attainment demonstration, reasonably available control measures/
reasonably available control technology (``RACM/RACT''), reasonable 
further progress (``RFP''), and contingency measures is void. The 
proposed consent decree also provides for EPA to make a determination 
by December 15, 2013, as to whether the Liberty-Clairton Area attained 
the 1997 fine particulate matter annual NAAQS by the applicable 
attainment date, unless as of December 15, 2013, EPA has signed a final 
notice extending the attainment deadline for the 1997 fine particulate 
matter annual NAAQS for the Liberty-Clairton Area to a date after April 
5, 2010.
    Under the proposed consent decree, within 15 business days 
following signature of each final action described in the proposed 
consent decree, EPA shall deliver the notice to the Office of the 
Federal Register for review and publication in the Federal Register. 
After EPA fulfills its obligations under the consent decree, the 
consent decree provides that this case shall be dismissed with 
prejudice.
    The proposed consent decree also states that the consent decree can 
be modified by the parties, or by the court following a motion by a 
party and a response thereto. In addition, the parties agree to seek to 
resolve informally Clean Air Council's claim for litigation costs 
pursuant to 42 U.S.C. 7604(d), but the court would retain jurisdiction 
to resolve that claim.
    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-2013-0234) contains a copy of the proposed consent 
decree (including Attachment A). 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

[[Page 23563]]

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: April 8, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-09294 Filed 4-18-13; 8:45 am]
BILLING CODE 6560-50-P
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