
[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Notices]
[Pages 27790-27792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13730]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8917-2]


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 (CAA or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of 
a proposed consent decree, to address a lawsuit filed by Association of 
Irritated Residents in the United States District Court for the 
Northern District of California: Association of Irritated Residents v. 
EPA, No. 08-cv-05650 CW (N.D. Cal.). Plaintiff filed a deadline suit to 
compel the Administrator to take action under section 110(k) of the Act 
on two specific revisions to the state implementation plan (SIP) 
submitted by the California Air Resources Board on behalf of the San 
Joaquin Valley Unified Air Pollution Control District (``District''). 
The two SIP revisions include Rule 3170, which provides for the payment 
of fees by certain sources when the District fails to attain certain 
air quality standards by a specified date and Rule 4570, which is 
intended to reduce emissions from volatile organic compounds on certain 
confined animal facilities located in the District. Under the terms of 
the proposed consent decree, the parties agree that the Rule

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4570 claim is moot and warrants dismissal with prejudice in light of 
the state court ruling setting aside the District's adoption of Rule 
4570. In addition, the proposed consent decree establishes deadlines 
for EPA to take action on Rule 3170.

DATES: Written comments on the proposed consent decree must be received 
by July 13, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0376, online at http://www.regulations.gov (EPA's preferred 
method); by e-mail to oei.docket@epa.gov; by mail 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: Jan Tierney, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5598; fax number (202) 564-5603; e-mail address: 
tierney.jan@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking to 
compel action by EPA under section 110(k) of the CAA on the following 
two SIP revisions submitted by the California Air Resources Board on 
behalf of the San Joaquin Valley Unified Air Pollution Control District 
(``District''). The two SIP revisions include Rule 3170, which provides 
for the payment of fees by certain sources when the District fails to 
attain certain air quality standards by a specified date and Rule 4570, 
which is intended to reduce emissions from volatile organic compounds 
on certain confined animal facilities located in the District. On 
January 22, 2009, the Superior Court of California, upon remand from 
the Court of Appeals for the State of California, in Association of 
Irritated Residents v. San Joaquin Valley Unified Air Pollution Control 
District, 168 Cal. App. 4th 535 (Cal. App. 5 Dist. 2008) entered a 
judgment and writ of mandate which was amended on March 12, 2009, 
declaring that the District failed to perform an adequate assessment of 
Rule 4570's impact on the public health before its adoption as required 
by California Health and Safety Code section 40724.6(e)(2). The court 
ordered the District to perform the public health assessment and to set 
aside the adoption of Rule 4750 pending that assessment. Under the 
terms of the proposed consent decree, the parties agree that the claim 
regarding Rule 4570 is moot and warrants dismissal with prejudice.
    In addition, the proposed consent decree provides that EPA will 
sign for publication in the Federal Register notice of the Agency's 
proposed action pursuant to CAA section 110(k) on Rule 3170 by June 30, 
2009. EPA will sign notice of the Agency's final action pursuant to CAA 
section 110(k) on Rule 3170 by November 13, 2009. If EPA fulfills its 
obligations, Plaintiff has agreed to dismiss this suit with prejudice.
    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 
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-2009-0376) 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 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,

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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, 2009.
Sara Schneeberg,
Acting Associate General Counsel.
[FR Doc. E9-13730 Filed 6-10-09; 8:45 am]
BILLING CODE 6560-50-P


