[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74048-74049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30098]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9234-5]
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''), 42 U.S.C. 7413(g), notice is hereby
given of a proposed consent decree to address a lawsuit filed by Sierra
Club and Kentucky Environmental Foundation (collectively
``Plaintiffs'') in the United States District Court for the District of
Columbia: Sierra Club, et al. v. Jackson, No. 10-cv-00889-CKK (D. DC).
On May 26, 2010, Plaintiffs filed a complaint alleging that EPA failed
to perform nondiscretionary duties, under section 110(k)(2) of the CAA,
42 U.S.C. 7410(k)(2), to take action on certain State Implementation
Plan (``SIP'') submittals by the State of Kentucky. The proposed
consent decree establishes deadlines for EPA to take action.
DATES: Written comments on the proposed consent decree must be received
by December 30, 2010.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0956, online at http://www.regulations.gov (EPA's preferred
method); by e-mail 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: Winifred Okoye, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-5446; fax number (202) 564-5603; e-mail address:
okoye.winifred@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would resolve a lawsuit seeking to
compel action by the Administrator to take final action under section
110(k) of the CAA on certain Kentucky SIP submissions. The proposed
consent decree requires EPA, on or before April 15, 2011, to sign and
thereafter forward within fifteen (15) business days to the Office of
Federal Register for review and publication a notice of final action on
the Commonwealth of Kentucky's May 27, 2008 SIP submittals titled as
follows: (a) Ozone maintenance plan SIP revision for a portion of
Greenup County located within the Kentucky portion of the Huntington-
Ashland 8-hour ozone 110(a)(1) maintenance area; (b) the Edmonson
County 8-hour ozone 110(a)(1) maintenance area; and (c) the Lexington
8-hour ozone 110(a)(1) maintenance area (Fayette and Scott Counties).
The proposed consent decree also requires EPA, on or before March
15, 2012, to sign and thereafter forward within fifteen (15) days to
the Office of Federal Register for review and publication a notice of
final action on the Commonwealth of Kentucky's June 25, 2008 SIP
submittal of a Regional Haze State Implementation Plan.
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-2010-0956) 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
http://www.regulations.gov. You may use http://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 http://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
[[Page 74049]]
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 e-mail 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 http://www.regulations.gov website 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, e-mail 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
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://www.regulations.gov, your e-mail 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 22, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-30098 Filed 11-29-10; 8:45 am]
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