

[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]               
[Page 14801-14803]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr07-84]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8293-5]

 
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 (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed consent decree to address a lawsuit filed

[[Page 14802]]

by Sierra Club in the United States District Court for the Northern 
District of California San Francisco Division: Sierra Club v. EPA, No. 
C 06-5288 MHP (N.D. CA). On August 29, 2006, Sierra Club filed a 
complaint claiming that EPA had failed to perform a non-discretionary 
duty under CAA section 111(b) to review and, if appropriate, revise the 
new source performance standards (``NSPS'') for new and modified 
Portland cement plants (Subpart F). Under the terms of the proposed 
consent decree, or before May 31, 2008, the appropriate EPA official 
shall sign, and within 10 business days of signing, forward to the 
Federal Register for publication one or a combination of the following: 
(a) A proposed rule revising the NSPS Subpart F, and/or (b) a proposed 
and/or final determination not to revise NSPS Subpart F. On or before 
May 31, 2009, the appropriate EPA official shall sign, and within 10 
business days of signing, forward to the Federal Register for 
publication, one or a combination of the following: (a) A final rule 
revising the NSPS Subpart F; and/or (b) a final determination not to 
revise NSPS Subpart F.

DATES: Written comments on the proposed consent decree must be received 
by April 30, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0230, 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: Elliott Zenick, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1822; fax number (202) 564-5603; e-mail address: 
zenick.elliott@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Under the terms of the proposed consent decree, on or before May 
31, 2008, the appropriate EPA official shall sign, and within 10 
business days of signing, forward to the Federal Register for 
publication one or a combination of the following: (a) A proposed rule 
revising the NSPS Subpart F, and/or (b) a proposed and/or final 
determination not to revise NSPS Subpart F. On or before May 31, 2009, 
the appropriate EPA official shall sign, and within 10 business days of 
signing, forward to the Federal Register for publication, one or a 
combination of the following: (a) A final rule revising the NSPS 
Subpart F; and/or (b) a final determination not to revise NSPS Subpart 
F.
    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 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-2007-0230 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 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

[[Page 14803]]

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 22, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-5799 Filed 3-28-07; 8:45 am]

BILLING CODE 6560-50-P
