

[Federal Register: October 30, 2007 (Volume 72, Number 209)]
[Notices]               
[Page 61334-61335]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc07-34]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8488-7]

 
Proposed Consent Decree Modification, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Modification to 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 modification to a consent decree, to address a lawsuit filed 
by Environmental Defense: Environmental Defense v. Environmental 
Protection Agency, No. C 05 2090 (N.D.Cal.). On June 6, 2005, plaintiff 
Environmental Defense filed a complaint claiming that EPA had failed to 
perform a nondiscretionary duty to either grant or deny, within 
eighteen months of receipt, an August 11, 2003 petition submitted to 
EPA by Environmental Defense asking the Administrator to list diesel 
engine exhaust as a hazardous air pollutant under section 112(b)(3) of 
the Clean Air Act, 42 U.S.C. 7412(b)(3). Under the terms of the initial 
consent decree, EPA agreed to sign a notice for publication in the 
Federal Register that contained either a proposal to grant (in whole or 
in part) or a final determination that denies the petition by June 12, 
2006. If EPA proposed to grant the petition, then EPA agreed to sign a 
final notice for publication in the Federal Register either granting or 
denying (in whole or in part) the petition by May 1, 2007. The original 
deadlines have been extended to January 7, 2008 and April 2, 2008, 
respectively, as a result of previous modifications to the original 
consent decree. Under the terms of the proposed modification, the 
deadlines above would be changed, respectively, to August 11, 2010 and 
May 11, 2011. However, EPA will not have to act on Environmental 
Defense's petition if EPA signs a notice for publication in the Federal 
Register of a proposed rule proposing to establish emissions standards 
for the emission of hazardous air pollutants from existing non-
emergency stationary diesel engines of 300 horsepower or greater 
manufactured prior to 1996 pursuant to section 112 of the Clean Air 
Act, 42 U.S.C. 7412 by February 25, 2009, and signs a notice for 
publication in the Federal Register of a final rule establishing 
emission standards for such engines by February 10, 2010.

DATES: Written comments on the proposed consent decree modification 
must be received by November 29, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-1070, 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: Michael Horowitz, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5583; fax number (202) 564-5603; e-mail address: 
horowitz.michael@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The consent decree modification would establish new deadlines by 
which date EPA must either grant or deny Environmental Defense's 
petition to list diesel exhaust as a hazardous air pollutant under 
section 112 of the CAA. Under the proposed modification, no later than 
August 11, 2010, EPA shall sign a notice for publication in the Federal 
Register either a proposal to grant or a final determination to deny 
the petition with a written explanation of the reasons for EPA's 
decision. If EPA proposes to grant the petition, then no later than May 
11, 2011, EPA shall sign a final notice for publication in the Federal 
Register either granting or denying the petition. However, EPA will not 
have to act on Environmental Defense's petition if EPA signs a notice 
for publication in the Federal Register of a proposed rule proposing to 
establish emissions standards for the emission of hazardous air 
pollutants from existing non-emergency stationary diesel engines of 300 
horsepower or greater manufactured prior to 1996 pursuant to section 
112 of the Clean Air Act, 42 U.S.C. 7412 by February 25, 2009, and 
signs a notice for publication in the Federal Register of a final rule 
establishing emission standards for such engines by February 10, 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 modification to the 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 
modification should be withdrawn, the terms of the modification 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-2007-1070) contains a copy of the proposed consent 
decree. The official public docket is available for public viewing at 
the Office of

[[Page 61335]]

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 http://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: October 24, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-21321 Filed 10-29-07; 8:45 am]

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