
[Federal Register: November 16, 2009 (Volume 74, Number 219)]
[Notices]               
[Page 58954-58955]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no09-35]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8981-5]

 
Proposed Consent Decree

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 Environmental 
Integrity Project and Sierra Club (collectively ``Plaintiffs'') in the 
United States District Court for the District of Columbia: 
Environmental Integrity Project, et al. v. EPA, No. 1:09-CV-00218 (D. 
D.C.). On or about February 4, 2009, Plaintiffs filed a deadline suit 
alleging that EPA failed to perform a non-discretionary duty to review, 
and if appropriate revise, 40 CFR part 60, subpart G, New Source 
Performance Standards for Nitric Acid Plants. Under the terms of the 
proposed consent decree, on or before November 15, 2010, EPA will sign 
and submit for publication in the Federal Register one or a combination 
of the following: (a) A proposed rule containing revisions to NSPS 
Subpart G pursuant to CAA 111(b)(1)(B); and/or (b) a proposed and/or 
final determination under CAA 111(b)(1)(B) not to revise NSPS Subpart 
G. If EPA signs a proposed rule or proposed determination, then on or 
before November 15, 2011, EPA will sign and submit for publication in 
the Federal Register, one or a combination of the following: (a) A 
final rule containing revisions to NSPS Subpart G pursuant to CAA 
111(b)(1)(B); and/or (b) a final determination under CAA 111(b)(1)(B) 
not to revise NSPS Subpart G.

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-2009-0854, 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-

[[Page 58955]]

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: Scott Jordan, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-7508; fax number (202) 564-5603; e-mail address: 
jordan.scott@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would settle a deadline suit filed by 
Plaintiffs for EPA's failure to review, and if appropriate revise, 40 
CFR part 60, subpart G, New Source Performance Standards for Nitric 
Acid Plants. Under the terms of the proposed consent decree, on or 
before November 15, 2010, EPA will sign and submit for publication in 
the Federal Register one or a combination of the following: (a) A 
proposed rule containing revisions to NSPS Subpart G pursuant to CAA 
111(b)(1)(B); and/or (b) a proposed and/or final determination under 
CAA 111(b)(1)(B) not to revise NSPS Subpart G. If EPA signs a propose 
rule or propose determination, then on or before November 15, 2011, EPA 
will sign and submit for publication in the Federal Register, one or a 
combination of the following: (a) A final rule containing revisions to 
NSPS Subpart G pursuant to CAA 111(b)(1)(B); and/or (b) a final 
determination under CAA 111(b)(1)(B) not to revise NSPS Subpart G. If 
EPA signed a final determination under CAA 111(b)(1)(B) not to revise 
NSPS Subpart G, then EPA shall have no obligation to take action. The 
proposed consent decree states that, after EPA fulfills its obligations 
under 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 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-2009-0854) 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, 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, 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 9, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-27412 Filed 11-13-09; 8:45 am]

BILLING CODE 6560-50-P
