
[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Notices]               
[Page 38015-38016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy09-61]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8937-3]

 
Proposed Consent Decree and Proposed Settlement Agreement, Clean 
Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree and proposed settlement 
agreement; 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 degree and proposed settlement agreement to 
address a lawsuit filed by the Business Coalition for Clean Air (BCCA) 
Appeal Group, Texas Association of Business, and Texas Oil and Gas 
Association in the United States District Court for the Northern 
District of Texas, Dallas Division in BCCA Appeal Group, et al. v. EPA, 
No. 3-08CV1491-G (N.D. Tex.). Plaintiffs filed a complaint in this 
action on August 25, 2008, which alleges that EPA has failed to perform 
nondiscretionary duties pursuant to section 110(k)(1)(B) and (k)(2) of 
the Federal CAA, 42 U.S.C. 7410(k)(1)(B) and (k)(2), to take final 
action on numerous Texas State Implementation Plan (``SIP'') air 
quality revisions by the statutory deadline. The SIP revisions are 
related to Texas New Source Review (NSR) air permitting and banking and 
trading rules. The proposed consent decree and proposed settlement 
agreement, if finalized, will collectively resolve plaintiffs' claims 
in this matter. A schedule for acting on the SIP revisions is attached 
to the proposed consent decree and proposed settlement agreement.

DATES: Written comments on the proposed consent decree and proposed 
settlement agreement must be received by August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0560, 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: Victoria L. Johnson, Office of 
Regional Counsel, U.S. Environmental Protection Agency, Region 6 (6RC-
M), 1445 Ross Ave., Dallas, TX 75202-2733; telephone: (214) 665-7569; 
fax number (214) 665-2182; e-mail address: johnson.victoria@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree and 
Proposed Settlement Agreement

    The proposed consent decree and proposed settlement agreement 
resolve a lawsuit filed by BCCA seeking to compel action by the EPA 
under section 110(k) of the CAA on identified SIP revisions submitted 
by the Texas Commission on Environmental Quality (TCEQ). The SIP 
revisions involve Texas NSR air permitting and banking and trading 
rules. The proposed consent decree and proposed settlement agreement 
provide that EPA shall sign for publication in the Federal Register a 
notice of final rulemaking to approve or disapprove, in whole or in 
part, the SIP revisions identified by the deadline specified in the 
Exhibit attached to each document and to deliver the notice promptly to 
the Office of the Federal Register. If EPA has discharged its 
obligations under the consent decree, the case will be dismissed with 
prejudice. Plaintiffs have agreed to stay this case in its entirety 
pending completion of, and subject to the terms of, the consent decree 
and settlement agreement.
    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 and proposed settlement agreement 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 and proposed settlement 
agreement if comments disclose facts or circumstances indicating 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 and settlement agreement should be 
withdrawn, the terms of the decree and agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Consent 
Decree and Proposed Settlement Agreement

A. How Can I Get A Copy of the Proposed Consent Decree and Proposed 
Settlement Agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2009-0560) contains a copy of the proposed consent 
decree and proposed settlement agreement. 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

[[Page 38016]]

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: July 23, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-18197 Filed 7-29-09; 8:45 am]

BILLING CODE 6560-50-P
