
[Federal Register: November 16, 2009 (Volume 74, Number 219)]
[Notices]               
[Page 58953-58954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no09-34]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8981-2]

 
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 Sierra Club and 
Valley Watch, Inc. (collectively ``Plaintiffs'') in the United States 
District Court for the District of Columbia: Sierra Club, et al. v. 
Jackson, No. 1:09-cv-00312 (D.D.C). Plaintiffs filed suit to compel the 
Administrator to respond to two administrative petitions seeking EPA's 
objection to a combined CAA Title V operating permit and Prevention of 
Significant Deterioration permit No. V-07-017 issued by the Kentucky 
Department of Environmental Protection for the proposed Cash Creek 
Generating Station in Cash Creek, Kentucky. Under the terms of the 
proposed consent decree, EPA has agreed to respond to the petitions by 
December 14, 2009.

DATES: Written comments on the proposed consent decree must be received 
by December 16, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0671, 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: Mark Kataoka, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5584; fax number (202) 564-5603; e-mail address: 
kataoka.mark@epa.gov.

SUPPLEMENTARY INFORMATION:

 I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit alleging that 
the Administrator failed to perform a nondiscretionary duty to grant or 
deny, within 60 days of submission, two administrative petitions to 
object to the combined CAA Title V permit and Prevention of Significant 
Deterioration permit No. V-07-017 issued by the Kentucky Department of 
Environmental Protection for the proposed Cash Creek Generating Station 
in Cash Creek, Kentucky. Under the terms of the proposed consent 
decree, EPA has agreed to respond to the petitions by December 14, 
2009, or within 3 days after entry of the consent decree, whichever 
date is later. In addition, the proposed consent decree states that, 
after EPA fulfills its obligations under the decree, and the 
Plaintiffs' claims for costs of litigation have been resolved pursuant 
to the process described in the decree, the case shall be dismissed 
with prejudice.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written

[[Page 58954]]

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 submitted, that consent to this 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-2009-0671) 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 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, key in the appropriate docket identification number then select 
``search''.
    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: November 5, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-27415 Filed 11-13-09; 8:45 am]

BILLING CODE 6560-50-P
