
[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Notices]
[Pages 281-282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33759]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9615-7]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental Notice of Proposed Consent Decree; Request for 
Public Comment.

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SUMMARY: On December 2, 2011, EPA provided notice in accordance with 
section 113(g) of the Clean Air Act, as amended (``CAA'' or the 
``Act''), 42 U.S.C. 7413(g), of a proposed consent decree to address a 
lawsuit filed by National Parks Conservation Association, Montana 
Environmental Information Center, Grand Canyon Trust, San Juan Citizens 
Alliance, Our Children's Earth Foundation, Plains Justice, Powder River 
Basin Resource Council, Sierra Club, and Environmental Defense Fund 
(collectively ``Plaintiffs'') in the United States District Court for 
the District of Columbia: National Parks Conservation Association, et 
al. v. Jackson, No. 1:11-cv-1548 (D. DC). The proposed consent decree 
establishes proposed and final promulgation deadlines for EPA to 
promulgate regional haze federal implementation plans (FIPs) or approve 
regional haze state implementation plans (SIPs) for 34 states, as 
required by section 110(c) of the CAA. In EPA's notice, we 
inadvertently failed to identify Arizona, Michigan, and New Mexico as 
states addressed by the proposed consent decree. Notice is hereby given 
that the proposed consent decree addresses these three states. We are 
extending the comment period to provide an opportunity to comment on

[[Page 282]]

the proposed consent decree as it affects these three states only.

DATES: Written comments on the proposed consent decree as it affects 
Arizona, Michigan, and New Mexico must be received by February 3, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0929, online at www.regulations.gov (EPA's preferred method); 
by email 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: Lea Anderson, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5571; fax number (202) 564-5603; email address: 
anderson.lea@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    Under section 110(c) of the CAA, EPA has a mandatory duty to 
promulgate a federal implementation plan (``FIP'') within two years of 
a finding that a state has failed to make a required state 
implementation plan (``SIP'') submittal. EPA is not required to 
promulgate a FIP, however, if the state submits the required SIP and 
EPA approves the plan within the two years of EPA's finding. On January 
15, 2009, EPA found that 37 states, the District of Columbia, and the 
U.S. Virgin Islands had failed to submit CAA SIPs for improving 
visibility in mandatory Federal Class I areas.
    The proposed consent decree would resolve a deadline suit filed by 
Plaintiffs for EPA to take action on a number of regional haze SIPs. 
The proposed consent decree would address, inter alia, EPA's failure to 
promulgate regional haze FIPs or approve regional haze SIPs for 34 of 
the states that the Agency found on January 15, 2009 had failed to 
submit SIPs addressing the requirements of the regional haze program. 
EPA's prior notice inadvertently excluded Arizona, Michigan, and New 
Mexico from the list of the 34 states addressed by the consent decree. 
In addition, EPA erroneously identified California, Montana, and North 
Dakota as states addressed by the proposed consent decree. These states 
are not addressed by the proposed consent decree.
    For a period of thirty (30) days following the date of publication 
of this supplemental notice, the Agency will accept written comments 
relating to the provisions in the proposed consent decree addressing 
Arizona, Michigan, and New Mexico from persons who were not named as 
parties or intervenors to the litigation in question. Other written 
comments on the proposed consent decree must be received by January 3, 
2012. 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 that consent to this 
consent decree should be withdrawn, the terms of the proposed consent 
decree will be affirmed.
    Additional information about commenting on the proposed consent 
decree can be found in the notice published on December 2, 2011.

    Dated: December 23, 2011.
Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-33759 Filed 1-3-12; 8:45 am]
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