

[Federal Register: December 21, 2005 (Volume 70, Number 244)]
[Notices]               
[Page 75797-75798]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de05-42]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8011-8]

 
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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree, to address a lawsuit filed by Environmental 
Defense: Environmental Defense v. EPA, No. C 05-2090 SC (N.D. CA). On 
June 6, 2005, Environmental Defense filed a complaint alleging that EPA 
had failed to perform a non-discretionary duty by not granting or 
denying within 18 months Environmental Defense's Petition asking the 
Administrator to add diesel engine exhaust to the list of hazardous air 
pollutants contained in section 112(b)(3) of the Clean Air Act 
(``CAA''). Under the terms of the proposed consent decree, by June 12, 
2006, EPA shall either deny or propose to grant Environmental Defense's 
petition to list diesel exhaust as a hazardous air pollutant. If EPA 
proposes to grant the petition, then by May, 2007, EPA shall either 
grant or deny the petition.

DATES: Written comments on the proposed consent decree must be received 
by January 20, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2005-0473, 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 B102, 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 Wordperfect 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: Michael Horowitz, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5583; fax number (202) 564-5603; e-mail address: 
horowitz.michael@epa.gov.


SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This consent decree would establish deadlines by which EPA must 
either grant or deny Environmental Defense petition to list diesel 
exhaust as a hazardous air pollutant under section 112 of the CAA. 
Under the proposed consent decree no later than June 12, 2006, EPA 
shall sign a notice for publication in the Federal Register a proposal 
to grant or a final determination that denies the petition with written 
explanation of the reasons for EPA's decision. If the petition is 
granted, then no later than May 1, 2007, EPA shall sign a final notice 
for publication in the Federal Register either granting or denying the 
Environmental Defense petition to list diesel engine exhaust as a 
hazardous air pollutant.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the proposed consent decree from persons who were not named as parties 
or interveners 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 determine, based on any comment which may be submitted, that 
consent to the 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?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-0473 which contains a copy of the 
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 B102, 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 the 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, select ``advance search,'' then key in the appropriate docket 
identification number. 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

[[Page 75798]]

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 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.
    Your 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: December 15, 2005.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E5-7626 Filed 12-20-05; 8:45 am]

BILLING CODE 6560-50-P
