Federal Register: July 23, 2004 (Volume 69, Number 141)
DOCID: FR Doc 04-16833
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
FRL ID: [FRL-7792-1]
ACTION: Air pollution control:
DOCUMENT ACTION: Notice of Proposed Consent Decree; Request for Public Comment.
Proposed Consent Decree, Clean Air Act Citizen Suit
DATES: Written comments on the proposed consent decree must be received by August 23, 2004.
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 Environmental Defense in the U.S. District Court for the Northern District of California: Environmental Defense v. EPA, No. C 03 5508 (N.D. CA). Environmental Defense filed a complaint pursuant to section 304(a) of the Act, 42 U.S.C. section 7604(a), which concerns the U.S. Environmental Protection Agency's (EPA's) alleged failure to meet a mandatory deadline under section 111(b) of the Act, 42 U.S.C. section 7411(b), by failing to promulgate a New Source Performance Standard for stationary Internal Combustion Engines. Under the proposed consent decree, rulemaking schedules will be provided to establish New Source Performance Standards for stationary internal combustion engines.
Citizens suits; proposed settlements—; Environmental Defense,
I. Additional Information About the Proposed Consent Decree
Section 111(b)(2) of the Clean Air Act (the Act) requires that EPA publish proposed regulations proposing federal new source performance standards for new sources in categories of stationary sources listed under section 112(b)(1) of the Act, and that EPA promulgate final regulations within one year after publication of the proposed regulations. In the abovecaptioned case, Environmental Defense alleges that EPA has failed to meet a mandatory deadline under the Act by failing to promulgate a New Source Performance Standard for stationary Internal Combustion Engines.
The proposed consent decree provides a rulemaking schedule to establish New Source Performance Standards for stationary internal combustion engines, with separate schedules for proposal and promulgation of such standards for compressionignition engines and for sparkignition engines.
For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed consent decree from persons who were not named as parties
or interveners 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 determine, based on any comment which may be 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 Consent Decree?
EPA has established an official public docket for this action under Docket ID No. OGC20040007 which contains a copy of the 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 B102, 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) 5661744, and the telephone number for the OEI Docket is (202) 5661752.
An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ 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 in EPA's electronic public docket as EPA receives them and 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 EPA's 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 CDROM 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.
Your use of EPA's electronic public docket 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 EPA's electronic public docket, 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: July 15, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of General Counsel.
[FR Doc. 0416833 Filed 72204; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Michael Horowitz, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone: (202) 5645583.