[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Notices]
[Pages 73029-73031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29687]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9759-2]
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''), 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. 1:08-cv-00424 RWR (D. DC). Sierra Club filed a complaint
alleging that EPA failed to meet its obligations under section
112(e)(1)(E) of
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the CAA to promulgate emission standards for hazardous air pollutant
emissions from brick and structural clay products manufacturing
facilities and clay ceramics manufacturing facilities located at major
sources by November 15, 2000. The proposed consent decree establishes
deadlines for EPA's proposed and final actions for meeting these
obligations.
DATES: Written comments on the proposed consent decree must be received
by January 7, 2013.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0905, 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: Scott Jordan, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone: (202) 564-7508; fax number (202) 564-5603; email address:
jordan.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would resolve a lawsuit filed by Sierra
Club seeking to compel EPA to promulgate emission standards for
hazardous air pollutant emissions from brick and structural clay
products manufacturing facilities and clay ceramics manufacturing
facilities located at major sources under section 112(e)(1)(E) of the
CAA. Under the proposed consent decree, EPA shall no later than August
30, 2013, sign a notice of proposed rulemaking to set national emission
standards for hazardous air pollutants (``NESHAP'') pursuant to section
112(d) of the CAA, 42 U.S.C. 7412(d), for brick and structural clay
products manufacturing facilities and clay ceramics manufacturing
facilities located at major sources. In addition, under the proposed
consent decree, EPA shall no later than July 31, 2014, sign a notice of
final rulemaking to set NESHAP for the source categories covered by the
proposed rule.
The proposed consent decree further requires that, within 10
business days of signing a proposed or final rule, EPA shall deliver a
notice of such action to the Office of the Federal Register for
publication and that once EPA fulfills its obligations under the decree
it may move to have the 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, 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-2012-0905) 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 on 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
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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: November 29, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-29687 Filed 12-6-12; 8:45 am]
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