

[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Notices]               
[Page 53768-53769]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-41]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8471-3]

 
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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree. On February 3, 2006, the Center for Biological 
Diversity and four other plaintiffs (collectively, ``Plaintiffs'') 
filed an amended complaint alleging that EPA failed to perform its 
mandatory duty under CAA section 109(d)(1) to periodically review the 
air quality criteria for nitrogen oxides (``NOX'') and 
sulfur oxides (``SOX'') and the National Ambient Air Quality 
Standards (``NAAQS'') for nitrogen dioxide (``NO2'') and 
sulfur dioxide (``SO2''), to make such revisions to these 
air quality criteria and NAAQS as may be appropriate, and to promulgate 
such new NAAQS as may be appropriate. Center for Biological Diversity, 
et al. v. Johnson, No. 05-1814 (D.D.C.). The proposed consent decree 
establishes a schedule for EPA's review and, if appropriate, revisions 
of the air quality criteria for SOX and NOX and 
the NAAQS for NO2 and SO2 NAAQS.

DATES: Written comments on the proposed consent decree must be received 
by October 22, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0962, 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: M. Lea Anderson, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5571; fax number (202) 564-5603; e-mail address: 
anderson.lea@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Under section 109(d) of the CAA, EPA is required to periodically 
review air quality criteria and NAAQS and to make such revisions as may 
be appropriate. Plaintiffs allege that EPA has failed to do this by the 
deadline set forth in the CAA. The proposed consent decree establishes 
a schedule for EPA's review and, if appropriate, revisions of the air 
quality criteria for NOX and SOX and the 
NO2 and SO2 NAAQS. The schedule establishes dates 
for issuance of Integrated Science Assessments (document containing air 
quality criteria) addressing the human health effects of 
NOX, the human health effects of SOX, and the 
public welfare effects of NOX and SOX. The 
proposed consent decree also establishes a schedule for EPA's issuance 
of notices of proposed rulemaking and final rules concerning its review 
of the primary and secondary NO2 and SO2 NAAQS. 
The consent decree provides that EPA will sign a notice setting forth 
its decision concerning its review of (1) the primary NO2 
NAAQS no later than December 18, 2009; (2) the primary SO2 
NAAQS no later than March 2, 2010; and (3) the secondary NO2 
and SO2 NAAQS no later than October 19, 2010.
    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-2007-0962) contains a copy of the proposed consent 
decree.

[[Page 53769]]

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: September 14, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-18573 Filed 9-19-07; 8:45 am]

BILLING CODE 6560-50-P
