
[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60280-60281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23785]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9901-56-OGC]


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 (``CAA'' or the ``Act''), 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 District of Colorado: WildEarth 
Guardians v. McCarthy, Civil Action No. 1:12-cv-03307. On December 19, 
2012, Plaintiffs filed a complaint alleging that EPA failed to perform 
a mandatory duty under CAA section 110(k)(2) to take final action on 
three State Implementation Plan (SIP) revisions submitted to EPA by the 
State of Colorado on June 18, 2009. On May 2, 2013, Plaintiffs filed an 
amended complaint alleging that EPA failed to take final action on 
several other SIP submissions from the States of Colorado, North 
Dakota, South Dakota, and Utah. The proposed consent decree would 
establish deadlines for EPA to take action on these submissions.

DATES: Written comments on the proposed consent decree must be received 
by October 31, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0702, 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: Susmita Dubey, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5577; fax number (202) 564-5603; email address: 
dubey.susmita@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by 
WildEarth Guardians (``Plaintiffs'') seeking to compel the 
Administrator to take actions under CAA sections 110(k)(2) to take 
action on several SIP submissions from the States of Colorado, North 
Dakota, South Dakota, and Utah. These SIP revisions were submitted to 
EPA between June of 2009 and June of 2011. Section 110(k)(2) requires 
EPA to take action on SIP revisions within twelve months of the 
submission of a SIP revision that has been determined to be or deemed 
to be complete. EPA did not take action on the SIP revisions listed 
above within the statutory deadline and this is the basis for the 
Plaintiffs' mandatory duty lawsuit at issue in the proposed consent 
decree.
    The proposed consent decree would require EPA to sign a notice of 
final action to approve, disapprove, approve in part and disapprove in 
part, or conditionally approve the above-listed SIP revisions by the 
specific dates identified in the proposed consent decree. The proposed 
consent decree would also require EPA, following signature of the 
notices of final action on the SIP revisions, to promptly submit such 
notices to the Office of the Federal Register for review and 
publication in the Federal Register. After EPA fulfills its obligations 
under the proposed consent decree, the consent decree would be 
terminated and the case dismissed. In addition, the proposed consent 
decree contains a provision addressing Plaintiffs' attorneys' fees, 
costs, and expenses incurred in this litigation.
    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 are 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 consent decree will be affirmed.

[[Page 60281]]

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-2013-0702) 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 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: September 23, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-23785 Filed 9-30-13; 8:45 am]
BILLING CODE 6560-50-P


