
[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23562-23563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09294]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9803-8]


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 the Clean Air Act, as amended (``CAA''), 
notice is hereby given of a proposed consent decree, to resolve a 
lawsuit filed by Clean Air Council in the United States District Court 
for the District of Columbia: Clean Air Council v. Jackson, No. 1:12-
cv-00707 (D. DC). On May 2, 2012, Plaintiff filed a complaint alleging 
that EPA failed to promulgate a Federal Implementation Plan (``FIP'') 
as mandated by the CAA, addressing certain nonattainment planning 
provisions for the 1997 fine particulate matter National Ambient Air 
Quality Standard (``NAAQS'') in the Commonwealth of Pennsylvania 
(``Pennsylvania''). The complaint also alleges that EPA failed to make 
a determination regarding whether the Liberty-Clairton nonattainment 
area in Pennsylvania (``Liberty-Clairton Area'') has attained the 1997 
fine particulate matter NAAQS by the applicable attainment date as 
mandated by the CAA,. The proposed consent decree establishes deadlines 
for EPA to take action.

DATES: Written comments on the proposed consent decree must be received 
by May 20, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0234, online at www.regulations.gov (EPA's preferred method); 
by email to oei.docket@epa.gov; mailed 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: David Orlin, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1222; fax number (202) 564-5601; email address: 
orlin.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Clean Air Council seeking to compel the Agency to satisfy certain 
mandatory duties under the Clean Air Act. Specifically the consent 
decree provides for EPA to promulgate a FIP by December 15, 2013, for 
the Liberty-Clairton Area including the following elements: an 
attainment demonstration, emission inventory, reasonably available 
control measures/reasonably available control technology (``RACM/
RACT''), reasonable further progress (``RFP''), and contingency 
measures for the 1997 fine particulate matter annual NAAQS under CAA 
section 110(c)(1)(A), 42 U.S.C. 7410(c)(1)(A). However, pursuant to CAA 
section 110(k)(3), 42 U.S.C. 7410(k)(3), should EPA approve a state 
implementation plan for the Liberty-Clairton Area to attain the 1997 
fine particulate matter annual NAAQS for any of the elements listed 
above, EPA's obligation to promulgate a federal implementation plan for 
that element is void. In addition, should EPA make a determination that 
the Liberty Clairton Area has attained the 1997 fine particulate matter 
annual NAAQS prior to December 15, 2013 and has not revoked that 
determination by December 15, 2013, the obligation to promulgate a FIP 
for an attainment demonstration, reasonably available control measures/
reasonably available control technology (``RACM/RACT''), reasonable 
further progress (``RFP''), and contingency measures is void. The 
proposed consent decree also provides for EPA to make a determination 
by December 15, 2013, as to whether the Liberty-Clairton Area attained 
the 1997 fine particulate matter annual NAAQS by the applicable 
attainment date, unless as of December 15, 2013, EPA has signed a final 
notice extending the attainment deadline for the 1997 fine particulate 
matter annual NAAQS for the Liberty-Clairton Area to a date after April 
5, 2010.
    Under the proposed consent decree, within 15 business days 
following signature of each final action described in the proposed 
consent decree, EPA shall deliver the notice to the Office of the 
Federal Register for review and publication in the Federal Register. 
After EPA fulfills its obligations under the consent decree, the 
consent decree provides that this case shall be dismissed with 
prejudice.
    The proposed consent decree also states that the consent decree can 
be modified by the parties, or by the court following a motion by a 
party and a response thereto. In addition, the parties agree to seek to 
resolve informally Clean Air Council's claim for litigation costs 
pursuant to 42 U.S.C. 7604(d), but the court would retain jurisdiction 
to resolve that claim.
    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 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-2013-0234) contains a copy of the proposed consent 
decree (including Attachment A). 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 the 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

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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 email 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, email 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 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email 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: April 8, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-09294 Filed 4-18-13; 8:45 am]
BILLING CODE 6560-50-P


