
[Federal Register: June 11, 2008 (Volume 73, Number 113)]
[Notices]               
[Page 33087-33088]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn08-49]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8578-2]

 
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 Desert Rock 
Energy Company, LLC and Dine Power Authority (collectively, 
``Plaintiffs'') in the United States District Court for the Southern 
District of Texas: Desert Rock Energy Company, LLC, et al. v. EPA, No. 
08-872 (S.D. TX). On March 21, 2008, Plaintiffs served upon the United 
States a Complaint alleging that EPA failed to perform a mandatory duty 
under Clean Air Act section 165(c), 42 U.S.C. 7475(c), to take action 
on Plaintiffs' application (``Permit Application'') for a Prevention of 
Significant Deterioration permit to construct a coal-fired power plant 
on land held by the United States government in trust for the benefit 
of the Navajo Nation. Under the terms of the proposed consent decree, 
by July 31, 2008, EPA shall issue a final permit decision on the Permit 
Application, within the meaning of 40 CFR 124.15(a).

[[Page 33088]]


DATES: Written comments on the proposed consent decree must be received 
by July 11, 2008.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2008-0488, 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: Brian Doster, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1932; fax number (202) 564-5603; e-mail address: 
doster.brian@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve the suit filed by the 
Plaintiffs alleging that EPA has a mandatory duty under Clean Air Act 
section 165(c), 42 U.S.C. 7475(c), to take action on Plaintiffs' 
application (``Permit Application'') for a Prevention of Significant 
Deterioration (``PSD'') permit to construct a coal-fired power plant on 
land held by the United States government in trust for the benefit of 
the Navajo Nation. No later than July 31, 2008, EPA shall issue a final 
permit decision on the Permit Application, within the meaning of 40 CFR 
124.15(a). EPA Region IX is the reviewing authority for the Permit 
Application. Background on the Permit Application and Region IX's 
review may be obtained on the following Web site: http://www.epa.gov/
region09/air/permit/desertrock/index.html.
    The consent decree becomes final and effective after EPA provides 
notice in the Federal Register and provides an opportunity for public 
comment pursuant to Clean Air Act section 113(g). 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?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2008-0488 which contains a copy of the 
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 http://www.regulations.gov 
Web site to review the consent decree, 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: June 5, 2008.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E8-13064 Filed 6-10-08; 8:45 am]

BILLING CODE 6560-50-P
