[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Pages 42493-42494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17627]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9699-9]
Proposed Consent Decree Relating to the New Source Performance
Standards for Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
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SUMMARY: In accordance with of the Clean Air Act, as amended (``Act''),
notice is hereby given of a proposed consent decree to settle an action
in the United States District Court for the Southern District of New
York (Environmental Defense Fund v. Jackson, Case No. 11 Civ. 04492
(KBF) ECF Case) alleging that EPA failed to perform its obligations
under the Act as they relate to the new source performance standards
(``NSPS'') for municipal solid waste landfills (``MSW Landfills''). The
Act requires EPA to review, and if appropriate, revise NSPS not later
than 8 years after their promulgation unless EPA determines that such
review is not appropriate in light of readily available information on
the efficacy of the standard. Under the terms of the proposed consent
decree, EPA agrees that: (1) By May 1, 2013, EPA shall: (i) Perform an
appropriate review and sign for publication one or a combination of the
following: (A) a proposed rule containing revisions to the MSW
Landfills NSPS; or (B) a proposed determination not to revise the MSW
Landfills NSPS; or (ii) sign for publication a determination that
review is not appropriate; and, (2) if EPA signs a proposed rule or a
proposed determination, then no later than May 1, 2014, sign one or a
combination of the following: (i) A final rule containing revisions to
the MSW Landfills NSPS, based on appropriate review; or, (ii) a final
determination not to revise the MSW Landfills NSPS, based on an
appropriate review.
DATES: Written comments on the proposed consent decree must be received
by August 20, 2012.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0490, 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
[[Page 42494]]
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: Richard H. Vetter, Air and Radiation
Law Office, Office of General Counsel, U.S. Environmental Protection
Agency, at Office of Air Quality Planning and Standards, Sector
Policies and Program Division (D205-01) 109 T.W. Alexander Drive,
Research Triangle Park, NC 27711; telephone: (919) 541-2127; fax number
(919) 541-4991; email address: vetter.rick@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement Agreement
This proposed consent decree would potentially resolve a law suit
filed in the U.S. District Court for the Southern District of New York
by the Environmental Defense Fund EDF). EDF alleges that EPA failed to
perform its obligations under section 111(b)(1)(B) of the Act, 42
U.S.C. 7411(b)(1)(B), as they relate to the new source performance
standards (``NSPS'') for municipal solid waste landfills (``MSW
Landfills''), 40 CFR part 60, subpart WWW (40 CFR 60.750--60.759).
Section 111(b)(1)(B) of the Act requires EPA to review, and if
appropriate, revise NSPS not later than 8 years after their
promulgation unless EPA determines that such review is not appropriate
in light of readily available information on the efficacy of the
standard. Under the terms of the proposed consent decree, EPA agrees
that: (1) By May 1, 2013, EPA shall: (i) Perform an appropriate review
and sign for publication one or a combination of the following: (A) a
proposed rule containing revisions to NSPS Subpart WWW; or (B) a
proposed determination not to revise NSPS Subpart WWW; or (ii) sign for
publication a determination that review is not appropriate; and, (2) if
EPA signs a proposed rule or a proposed determination, then no later
than May 1, 2014, sign one or a combination of the following: (i) A
final rule containing revisions to NSPS Subpart WWW, based on
appropriate review; or, (ii) a final determination not to revise
Subpart WWW, based on an appropriate review.
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 proposed consent decree should be withdrawn, the terms of the
consent decree will be affirmed and the consent decree will be
submitted for entry by the court.
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-2012-0490) 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: July 5, 2012.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-17627 Filed 7-18-12; 8:45 am]
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