
[Federal Register: December 7, 2009 (Volume 74, Number 233)]
[Notices]               
[Page 64076-64077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de09-892]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL--9089-7]

 
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 WildEarth 
Guardians in the United States District Court for the Northern District 
of California: WildEarth Guardians v. Jackson, No. 4:09-CV-02453-CW 
(N.D. CA). On June 3, 2009, Plaintiff filed a complaint alleging that 
EPA failed to perform a non-discretionary duty to either approve a 
State Implementation Plan (``SIP'') or promulgate a Federal 
Implementation Plan (``FIP'') for California, Colorado, Idaho, New 
Mexico, North Dakota, Oklahoma, and Oregon to satisfy the requirements 
of Clean Air Act section 110(a)(2)(D)(i), 42 U.S.C. 7410(a)(2)(D)(i), 
with regard to the 1997 National Ambient Air Quality Standards 
(``NAAQS'') for 8-hour ozone and fine particulate matter 
(``PM2.5''). Under the terms of the proposed consent decree, 
deadlines are established for EPA to take action.

DATES: Written comments on the proposed consent decree must be received 
by December 7, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0849, online at 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: Geoffrey L. Wilcox, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5601; fax number (202) 564-5603; e-mail address: 
wilcox.geoffrey@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would settle the complaint filed by 
Plaintiff for EPA's alleged failure either to approve a State 
Implementation Plan (``SIP'') or promulgate a Federal Implementation 
Plan (``FIP'') for California, Colorado, Idaho, New Mexico, North 
Dakota, Oklahoma, and Oregon to satisfy the requirements of Clean Air 
Act section 110(a)(2)(D)(i), 42 U.S.C. 7410(a)(2)(D)(i) with regard to 
the 1997 National Ambient Air Quality Standards (``NAAQS'') for 8-hour 
ozone and fine particulate matter (``PM2.5''). Under the 
terms of the proposed consent decree, after the date of lodging of the 
proposed consent decree, the Administrator shall sign a notice or 
notices either approving a State Implementation Plan (``SIP''), 
promulgating a Federal Implementation Plan (``FIP'') or approving a SIP 
in part with promulgation of a partial FIP, for California, Colorado, 
Idaho, New Mexico, North Dakota, Oklahoma, and Oregon to satisfy the 
four separate requirements of Clean Air Act section 110(a)(2)(D)(i), 42 
U.S.C. 7410(a)(2)(D)(i), with regard to the 1997 National Ambient Air 
Quality Standards (``NAAQS'') for 8-hour ozone and fine particulate 
matter (``PM2.5'') as identified by the deadlines specified 
for each requirement in the consent decree. These dates fall 6 months, 
12 months, or 18 months from the date of lodging of the proposed 
consent decree, depending upon the specific requirements of section 
110(a)(2)(D)(i) and the specific state in question. In addition, under 
the proposed consent decree, if any of the States has not submitted an 
administratively complete proposed SIP to address the visibility 
requirement of 42 U.S.C. 7410(a)(2)(D)(i)(II) by 6 months after lodging 
of the proposed consent decree, then by 12 months after lodging of the 
proposed consent decree, the Administrator shall sign a notice or 
notices proposing for each such State either promulgation of a FIP, 
approval of a SIP (if one has been submitted in the interim), or 
partial promulgation of a FIP and partial approval of a SIP, to address 
the visibility requirement.
    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

[[Page 64077]]

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 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 Proposed Consent Decree?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2009-0849) 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 
www.regulations.gov. You may use 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 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 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 
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 26, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-29080 Filed 12-4-09; 8:45 am]

BILLING CODE 6560-50-P
