

[Federal Register: September 6, 2007 (Volume 72, Number 172)]
[Notices]               
[Page 51225-51226]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se07-52]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8464-7]

 
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 Sierra Club 
(``Plaintiff'') in the United States District Court for the Western 
District of Wisconsin: Sierra Club v. Johnson, No. 07-C-0154-S (W.D. 
WI). Plaintiff filed a deadline suit to compel the Administrator to 
respond to two administrative petitions seeking EPA's objection to CAA 
Title V operating permits issued by the Wisconsin Department of Natural 
Resources to Louisiana Pacific Corporation's Tomahawk facility and the 
University of Wisconsin-Madison's Walnut Street Heating Plant. Under 
the terms of the proposed consent decree, EPA has agreed to respond to 
Plaintiff's petitions within ten (10) days after the entry of this 
decree by the Court, and Plaintiff has agreed to dismiss their suit 
with prejudice. In addition, EPA has agreed to pay Plaintiff a 
specified amount in settlement for attorneys' fees in this matter.

DATES: Written comments on the proposed consent decree must be received 
by October 9, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0885, 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: Amy Huang Branning, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1744; fax number (202) 564-5603; e-mail address: 
branning.amy@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking a 
response to two administrative petitions to object to CAA Title V 
permits issued by the Wisconsin Department of Natural Resources to the 
Louisiana Pacific Corporation's Tomahawk facility and the University of 
Wisconsin-Madison's Walnut Street Heating Plant. The petitions on these 
two permits were filed on May 9, 2006 and May 23, 2005 respectively. 
Under the proposed consent decree, EPA has agreed to respond to the 
Plaintiff's petition within ten (10) days after the entry of this 
decree by the Court and to pay a specified amount in settlement of the 
Plaintiff's claims for 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 
takes final action on Plaintiffs' petitions and pays the specified 
amount in the consent decree in settlement of the Plaintiff's claims 
for attorneys' fees.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept 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 submitted, that consent to 
this 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-2007-0885) 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

[[Page 51226]]

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: August 29, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-17637 Filed 9-5-07; 8:45 am]

BILLING CODE 6560-50-P
