

[Federal Register: July 18, 2007 (Volume 72, Number 137)]
[Notices]               
[Page 39413-39414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy07-65]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8441-1]

 
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 Sierra Club 
in the U.S. District Court for the District of Columbia: Sierra Club v. 
Johnson, No. 1:07CV00414 (RWR) (D. D.C.). On February 28, 2007, Sierra 
Club filed a deadline suit to compel the Administrator to respond to a 
petition dated June 12, 2006, seeking EPA's objection to a CAA Title V 
operating permit issued by the Kentucky Division of Air Quality to the 
Hugh L. Spurlock Station, operated by the East Kentucky Power 
Cooperative, Inc. Under the terms of the proposed consent decree, EPA 
has agreed to respond to Sierra Club's petition by August 31, 2007. The 
consent decree allows Sierra Club sixty (60) days following entry of 
the decree by the Court to file a motion for costs of litigation 
(including attorneys' fees).

DATES: Written comments on the proposed consent decree must be received 
by August 17, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0598, 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: Kristi Smith, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-3068; fax number: (202) 564-5603; e-mail address: 
smith.kristi@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    On June 12, 2006, Sierra Club submitted a petition to the 
Administrator of the Environmental Protection Agency pursuant to CAA 
section 505(b)(2), requesting that he object to issuance of a Title V 
operating permit by the Kentucky Division of Air Quality to the Hugh L. 
Spurlock Station, operated by the East Kentucky Power Cooperative, Inc. 
Under the terms of the proposed consent decree, EPA shall grant or deny 
Sierra Club's petition no later than August 31, 2007. The consent 
decree allows Sierra Club sixty (60) days following entry of the decree 
by the Court to file a motion for costs of litigation (including 
attorneys' fees). The consent decree becomes an order of the Court upon 
entry, and, consistent with the terms of the consent decree, the case 
shall be dismissed with prejudice after EPA has fulfilled its 
obligation and Sierra Club's claims for litigation costs have been 
resolved.
    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-2007-0598) 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

[[Page 39414]]

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: July 11, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-13903 Filed 7-17-07; 8:45 am]

BILLING CODE 6560-50-P
