

[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Notices]               
[Page 20087-20089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-72]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8160-1]

 
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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree, to address a lawsuit filed by Our Children's 
Earth Foundation and Sierra Club (collectively, ``plaintiffs'') in the 
U.S. District Court Northern District of California--Oakland Division: 
Our Children's Earth Foundation, et al. v. EPA, No. C 0505184 (N.D. 
CA). On December 14, 2005, plaintiffs filed a complaint alleging that 
EPA failed to perform a non-discretionary duty to review and, if 
necessary, revise the standards for emissions of hazardous air 
pollutants for petroleum refineries as required by section 112(d)(6) of 
the Clean Air Act (``CAA''), 42 U.S.C. 7412(d)(6). Under the terms of 
the proposed consent decree, within 12 months, EPA must make a proposed 
determination whether or not to revise the standards for petroleum 
refineries, and within 24 months, EPA must make a final determination 
whether or not to revise the standards for petroleum refineries.

[[Page 20088]]


DATES: Written comments on the proposed consent decree must be received 
by May 19, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0346, 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: Apple Chapman, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5666; fax number (202) 564-5603; e-mail address: 
chapman.apple@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The CAA section 112(d)(6) requires EPA to review and revise as 
necessary each emission standard for hazardous air pollutants every 8 
years. In 1995, EPA promulgated emission standards for petroleum 
refineries at 40 CFR part 63, subpart CC. Plaintiffs filed a complaint 
alleging that EPA failed to perform a non-discretionary duty to review 
and, if necessary, revise the standards for emissions of hazardous air 
pollutants for petroleum refineries as required by section 112(d)(6) of 
the Clean Air Act, 42 U.S.C. 7412(d)(6). Under the terms of the 
proposed consent decree, within 12 months of entry of this consent 
decree, EPA shall sign and submit for publication in the Federal 
Register a notice of proposed revisions to the standards for petroleum 
refineries in 40 CFR part 63, subpart CC pursuant to 42 U.S.C. 
7412(d)(6) or a notice of proposed determination that no revisions are 
necessary. Within 24 months of entry of this consent decree EPA shall 
sign and submit for publication in the Federal Register a notice of 
final revisions to the standards for petroleum refineries in 40 CFR 
part 63, subpart CC pursuant to 42 U.S.C. 7412(d)(6) or a notice of 
final determination that no revisions are necessary.
    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 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 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 Settlement

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-2006-0346 which contains a copy of the 
settlement. 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 ``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 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.
    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.


[[Page 20089]]


    Dated: April 13, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6-5872 Filed 4-18-06; 8:45 am]

BILLING CODE 6560-50-P
