[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Pages 38519-38520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16173]

[[Page 38519]]




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 section 113(g) of the Clean Air Act, as 
amended (CAA), 42 U.S.C. 7413(g), notice is hereby given of a proposed 
consent decree, to address a lawsuit filed by Comite Civico Del Valle, 
Inc. in the United States District Court for the Northern District of 
California: Comite Civico Del Valle, Inc. v. Jackson, No. 10-cv-00946 
PJH (N.D. C.A.). On March 5, 2010, Plaintiff filed a complaint to 
compel the U. S. Environmental Protection Agency (EPA or Agency) to 
take final action under section 110(k) of the CAA on the ``Imperial 
County Air Pollution Control District Rule 420'' (Imperial Rule 420), a 
State implementation plan (SIP) revision submitted by the State of 
California to EPA on or about August 24, 2007, which pertains to 
measures to control particulate matter emissions from beef feedlot 
operations within the Imperial Valley. Under the terms of the proposed 
consent decree, EPA has agreed to take final action no later than 
November 15, 2010.

DATES: Written comments on the proposed consent decree must be received 
by August 2, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0509, online at http://www.regulations.gov (EPA's preferred 
method); by e-mail 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 

FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5601; fax number (202) 564-5603; e-mail address: 


I. Additional Information About the Proposed Consent Decree

    The proposed consent decree establishes a deadline of November 15, 
2010, for the Administrator to sign a notice or notices, pursuant to 
section 110(k)(2) of the CAA, either approving, disapproving, or 
approving in part and disapproving in part, Imperial Rule 420. In 
addition, the proposed consent decree requires that following signature 
on such notice or notices, EPA shall deliver such notice or notices to 
the Office of the Federal Register for publication. The proposed 
consent decree also provides that after EPA's completion of the 
obligations under the decree, the parties will file a joint request to 
the Court to dismiss the litigation 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 

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-2010-0509) 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 on 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 electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 

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 
    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,

[[Page 38520]]

EPA may not be able to consider your comment.
    Use of the http://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, 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: June 28, 2010.
Kevin W. McLean,
Acting Associate General Counsel.
[FR Doc. 2010-16173 Filed 7-1-10; 8:45 am]