

[Federal Register: March 15, 2007 (Volume 72, Number 50)]
[Notices]               
[Page 12174-12175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr07-60]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8288-2]

 
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 the Sierra Club: 
Sierra Club v. The United States Environmental Protection Agency, No. 
CV 06-00663 BB(LFG) (District of New Mexico). On or about July 26, 
2006, Sierra Club filed a complaint alleging that EPA had failed to 
perform a non-discretionary duty and had unreasonably delayed 
publication of a final rule, known as a Federal Implementation Plan 
(``FIP''), regulating air emissions from the Four Corners Power Plant 
(``FCPP''). Under the terms of the proposed consent decree, a deadline 
of April 30, 2007, is established for EPA to take final action on the 
FIP proposed by EPA on September 12, 2006.

DATES: Written comments on the proposed consent decree must be received 
by April 16, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
HQ7-OGC-2007-0194, 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. Please provide a separate copy of your comments to the 
person identified in the For Further Information Contact section of 
this notice.

FOR FURTHER INFORMATION CONTACT: Richard H. Vetter, c/o Cheryl Graham 
Air and Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone: (919) 541-2127; fax number (919) 541-
4991; email address: vetter.rick@epa.gov.

SUPPLEMENTARY INFORMATION:

 I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve the suit filed by Sierra 
Club alleging that EPA had a non-discretionary duty and had 
unreasonably delayed finalizing a FIP regulating air emissions from 
FCPP.
    The background to Sierra Club's Complaint is that EPA had proposed 
a FIP in 1999 for FCPP, see 64 FR 48731 (September 8, 1999), but by 
2006 had not taken final action on the 1999 proposed FIP. Shortly after 
1999, FCPP began negotiations with EPA, Navajo Nation EPA, the National 
Park Service and several environmental groups (not including Sierra 
Club). Between 2003 and 2005, FCPP tested changes to its SO2 control 
devices that increased the overall control efficiency of these control 
devices.
    EPA proposed a new FIP for FCPP on September 12, 2006 that, among 
other things, reflected the increase in efficiency of the SO2 control 
devices at the facility. 71 FR 53631. The proposed consent decree 
provides that on or before April 30, 2007, EPA will take final action 
on the FIP we proposed on September 12, 2006.
    On December 14, 2006, the parties filed with the Court a notice of 
lodging of the proposed consent decree. The notice informed the Court 
of the decree but noted that the decree was not ready for entry as it 
is subject to the requirements of section 113(g) of the Clean Air Act.
    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 
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. EPA7-HQ-OGC-2007-0194) 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,

[[Page 12175]]

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: March 8, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-4778 Filed 3-14-07; 8:45 am]

BILLING CODE 6560-50-P
