

[Federal Register: December 19, 2006 (Volume 71, Number 243)]
[Notices]               
[Page 75962-75963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de06-59]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8258-6]

 
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 deadline suit filed by Sierra 
Club and Coosa River Basin Initiative (``Coosa River''): Sierra Club v. 
EPA, No. 1:06CV1523 (N.D. GA). On December 20, 2005 and January 3, 
2006, Sierra Club, Coosa River, and the Georgia Public Interest 
Research Group petitioned EPA to object to certain Clean Air Act Title 
V permit amendments proposed by the Georgia Environmental Protection 
Division for steam generating plants at Georgia Power's (1) Bowen and 
Branch Steam-Electric Generating Plants, and (2) Hammond and Scherer 
Steam-Electric Generating Plants, all of which are in the State of 
Georgia. Subsequently, Sierra Club and Coosa River filed suit, alleging 
that the Administrator failed to perform his nondiscretionary duty to 
respond to the petitions within sixty days of the date they were filed. 
Under the terms of today's proposed consent decree, EPA has agreed to 
respond to the petitions by January 8, 2007, and Sierra Club and Coosa 
River have agreed that if EPA does so, and after parties negotiate 
attorneys' fees, they will move to dismiss their suit with prejudice.

DATES: Written comments on the proposed consent decree must be received 
by January 18, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0972, 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 
above.

FOR FURTHER INFORMATION CONTACT: Howard J. Hoffman, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5582; fax number (202) 564-5603; e-mail address: 
hoffman.howard@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information about the Proposed Consent Decree

    This proposed consent decree would resolve a deadline suit to 
require EPA to respond to two administrative petitions that EPA object 
to certain Title V permit

[[Page 75963]]

amendments proposed by the Georgia Environmental Protection Division 
for the Bowen and Branch plants as well as the Hammond and Scherer 
plants in the State of Georgia. Under the proposed decree, the parties 
would seek to stay the pending litigation, and Sierra Club and Coosa 
River would agree to dismiss the lawsuit if the Administrator responds 
to the petitions by January 8, 2007. The consent decree does not 
specify the type of response that the Administrator must make to the 
petitions. If the consent decree becomes final and the Administrator 
responds to the petitions by January 8, 2007, and after the parties 
negotiate attorneys' fees, Sierra Club and Coosa River will dismiss the 
case.
    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 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 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-2006-0972) 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 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 the 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.

    Dated: December 12, 2006.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E6-21600 Filed 12-18-06; 8:45 am]

BILLING CODE 6560-50-P
