Federal Register: October 28, 2009 (Volume 74, Number 207)
DOCID: fr28oc09-50 FR Doc E9-25992
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
FRL ID: [FRL-8974-3]
NOTICE: NOTICES
DOCID: fr28oc09-50
DOCUMENT ACTION: Notice of proposed consent decree; request for public comment.
SUBJECT CATEGORY:
Proposed Consent Decree, Clean Air Act Citizen Suit
DATES: Written comments on the proposed consent decree must be received by November 27, 2009.
DOCUMENT 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 American Nurses Association, Chesapeake Bay Foundation, Inc., Conservation Law Foundation, Environment America, Environmental Defense Fund, Izaak Walton League of America, Natural Resources Council of Maine, Natural Resources Defense Council, Physicians for Social Responsibility, Sierra Club, The Ohio Environmental Council, and Waterkeeper Alliance, Inc. (collectively ``Plaintiffs'') in the United States District Court for the District of Columbia: American Nurses Association, et al. v. Jackson, No. 1:08cv02198 (RMC) (D. DC). On December 18, 2008, Plaintiffs filed a complaint alleging that EPA failed to perform a non discretionary duty to promulgate final maximum achievable control technology emissions standards for hazardous air pollutants from coal and oilfired electric utility steam generating units (``EGUs or power plants''), pursuant to CAA section 112(d), by the statutorilymandated deadline. Under the terms of the proposed consent decree, EPA shall, no later than March 16, 2011, sign for publication in the Federal Register a notice of proposed rulemaking setting forth EPA's proposed emission standards for coal and oilfired EGUs pursuant to CAA section 112(d). In addition, EPA shall, no later than November 16, 2011, sign for publication in the Federal Register a notice of final rulemaking setting forth EPA's final emission standards for coal and oilfired EGUs pursuant to CAA section 112(d).
SUMMARY:
Proposed Consent Decree, Clean Air Act Citizen Suit
SUPPLEMENTAL INFORMATION
I. Additional Information About the Proposed Consent Decree
This proposed consent decree would settle the complaint filed by Plaintiffs for EPA's alleged failure to promulgate final maximum achievable control technology emissions standards for hazardous air pollutants from coal and oilfired electric utility steam generating units (``EGUs or power plants''), pursuant to CAA section 112(d), by the statutorily mandated deadline. Under the terms of the proposed consent decree, EPA shall, no later than March 16, 2011, sign for publication in the Federal Register a notice of proposed rulemaking setting forth EPA's proposed emission standards for coal and oilfired EGUs pursuant to CAA section 112(d). In addition, EPA shall, no later than November 16, 2011, sign for publication in the Federal a notice of final rulemaking setting forth EPA's final emission standards for coal and oilfired EGUs pursuant to CAA section 112(d). The proposed consent decree also provides that, no later than 5 business days after signing both the notice of proposed rulemaking and the notice of final rulemaking, EPA shall deliver such notices to the Office of the Federal Register for prompt publication.
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 [[Page 55548]]
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. EPAHQOGC20090764) 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) 5661744, and the telephone number for the OEI Docket is (202) 5661752.
An electronic version of the public docket is available through 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, 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 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 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 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, 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 http:// 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: October 22, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E925992 Filed 102709; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Paul Versace, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 5640219; fax number (202) 5645603; email address: versace.paul@epa.gov.