
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]               
[Page 55547-55548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc09-50]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8974-3]

 
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 the American 
Nurses Association, Chesapeake Bay Foundation, Inc., Conservation Law 
Foundation, Environment America, Environmental Defense Fund, Izaak 
Walton League of America, Natural Resources Council of Maine, Natural 
Resources Defense Council, Physicians for Social Responsibility, Sierra 
Club, The Ohio Environmental Council, and Waterkeeper Alliance, Inc. 
(collectively ``Plaintiffs'') in the United States District Court for 
the District of Columbia: American Nurses Association, et al. v. 
Jackson, No. 1:08-cv-02198 (RMC) (D. DC). On December 18, 2008, 
Plaintiffs filed a complaint alleging that EPA failed to perform a non-
discretionary duty to promulgate final maximum achievable control 
technology emissions standards for hazardous air pollutants from coal- 
and oil-fired electric utility steam generating units (``EGUs or power 
plants''), pursuant to CAA section 112(d), by the statutorily-mandated 
deadline. Under the terms of the proposed consent decree, EPA shall, no 
later than March 16, 2011, sign for publication in the Federal Register 
a notice of proposed rulemaking setting forth EPA's proposed emission 
standards for coal- and oil-fired EGUs pursuant to CAA section 112(d). 
In addition, EPA shall, no later than November 16, 2011, sign for 
publication in the Federal Register a notice of final rulemaking 
setting forth EPA's final emission standards for coal- and oil-fired 
EGUs pursuant to CAA section 112(d).

DATES: Written comments on the proposed consent decree must be received 
by November 27, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0764, 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: Paul Versace, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-0219; fax number (202) 564-5603; e-mail address: 
versace.paul@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would settle the complaint filed by 
Plaintiffs for EPA's alleged failure to promulgate final maximum 
achievable control technology emissions standards for hazardous air 
pollutants from coal- and oil-fired electric utility steam generating 
units (``EGUs or power plants''), pursuant to CAA section 112(d), by 
the statutorily mandated deadline. Under the terms of the proposed 
consent decree, EPA shall, no later than March 16, 2011, sign for 
publication in the Federal Register a notice of proposed rulemaking 
setting forth EPA's proposed emission standards for coal- and oil-fired 
EGUs pursuant to CAA section 112(d). In addition, EPA shall, no later 
than November 16, 2011, sign for publication in the Federal a notice of 
final rulemaking setting forth EPA's final emission standards for coal- 
and oil-fired EGUs pursuant to CAA section 112(d). The proposed consent 
decree also provides that, no later than 5 business days after signing 
both the notice of proposed rulemaking and the notice of final 
rulemaking, EPA shall deliver such notices to the Office of the Federal 
Register for prompt publication.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept 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

[[Page 55548]]

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-2009-0764) 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, 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: October 22, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-25992 Filed 10-27-09; 8:45 am]

BILLING CODE 6560-50-P
