

[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Notices]               
[Page 16347-16348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap07-57]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8295-3]

 
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 by Rocky 
Mountain Clean Air Action and Jeremy Nichols (collectively 
``Plaintiffs''): Rocky Mountain Clean Air Action, et al. v. Johnson, 
No. 06-01992 (D. D.C.). Plaintiffs filed deadline suits to compel the 
Administrator to respond to petitions seeking EPA's objection to CAA 
Title V operating permits filed in 2005 for the Public Service 
Company's Fort Saint Vrain Power Station (``Ft. St. Vrain Station'') in 
Colorado and in 2006 for the GCC Dacotah cement plant (``GCC Dacotah'') 
in South Dakota. Under the terms of the proposed consent decree, EPA 
has agreed to respond to the GCC Dacotah petition by June 15, 2007, and 
the Ft. St. Vrain Station petition is dismissed as moot because EPA 
took final action on February 5, 2007.

DATES: Written comments on the proposed consent decree must be received 
by May 4, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0267, online at http://www.regulations.gov (EPA's preferred


[[Page 16348]]

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: David Orlin, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1222; fax number (202) 564-5603; e-mail address: 
orlin.david@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking a 
response to petitions to object to CAA Title V permits issued to the 
Ft. St. Vrain Station in Colorado and the GCC Dacotah plant in South 
Dakota. On February 5, 2007, EPA took final action on Plaintiffs' CAA 
Title V petition regarding Ft. St. Vrain Station. See 72 FR 13277 (Mar. 
21, 2007). Under the consent decree, Plaintiffs' claim for relief for 
Ft. St. Vrain petition will be dismissed as moot except as to the issue 
of costs of litigation, including attorneys' fees. No later than June 
15, 2007, EPA shall sign a decision, pursuant to 42 U.S.C. 7661d(b)(2), 
taking final action on Plaintiffs' petition on the GCC Dacotah permit. 
During a 60-day period after the decree is entered by the court, the 
parties shall seek to informally resolve any claim for litigation 
costs, including attorneys' fees, and if they cannot, Plaintiffs may 
seek such costs from the Court.
    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?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2007-0267) 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, 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 29, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-6235 Filed 4-3-07; 8:45 am]

BILLING CODE 6560-50-P
