Federal Register: November 2, 2009 (Volume 74, Number 210)
DOCID: fr02no09-44 FR Doc E9-26338
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
FRL ID: [FRL-8975-9]
NOTICE: NOTICES
DOCID: fr02no09-44
ACTION: Integrated Risk Information System (IRIS):
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 December 2, 2009.
DOCUMENT SUMMARY:
In accordance with section 113(g) of the Clean Air Act, as amended (CAA or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Association of Irritated Residents (``Plaintiff'') in the United States District Court for the Northern District of California: Association of Irritated Residents v. EPA, No. 09cv1890CW (N.D. Cal.). On or about April 30, 2009, Plaintiff filed a complaint alleging that EPA failed to perform a nondiscretionary duty to take action under section 110(k) of the Act on a revision to the state implementation plan (SIP) submitted by the State of California. Specifically, the complaint alleges that EPA failed to take action on two rules amended by the San Joaquin Valley Unified Air Pollution Control District (``District'') on September 21, 2006 and included in a SIP revision submitted to EPA by the California Air Resources Board (CARB) on December 29, 2006: Rule 2020 (``Exemptions'') and Rule 2020 (``New and Modified Stationary Source Review Rule''). The subject rule amendments relate to permitting of agricultural sources. In the SIP revision dated December 29, 2006, CARB submitted amended District Rule 2020 in its entirety but only Paragraph 4.6.9 of District Rule 2020. Under the terms of the proposed consent decree, a deadline has been established for EPA to take action on the amended District rules as submitted on December 29, 2006. If EPA fulfills its obligations, Plaintiff has agreed to dismiss this suit with prejudice.
SUMMARY:
Proposed Consent Decree, Clean Air Act Citizen Suit
SUPPLEMENTAL INFORMATION
I. Additional Information About the Proposed Consent Decree
This proposed consent decree would resolve a lawsuit seeking action by EPA under section 110(k) of the CAA on two rules amended by the District on September 21, 2006 and included in a SIP revision submitted by CARB on December 29, 2006: Rule 2020 (``Exemptions'') and Paragraph 4.6.9 of Rule 2020 (``New and Modified Stationary Source Review Rule''). The subject rule amendments relate to permitting of agricultural sources. The District has adopted further amendments to Rules 2020 and 2201, and CARB has submitted the further amended rules, which carry forward the specific amendments to the rules submitted on December 29, 2006, to EPA as SIP revisions. The further amended District Rule 2020 was submitted on March 7, 2008, and the further amended District Rule 2201 was submitted on March 17, 2009.
Under the terms of the proposed consent decree, EPA will sign for publication in the Federal Register notice of the Agency's final action pursuant to CAA section 110(k) on Rule 2020 (``Exemptions'') and Paragraph 4.6.9 of Rule 2020 (``New and Modified Stationary Source Review Rule''), submitted to EPA for review on December 29, 2006, by March 15, 2010. However, the proposed consent decree provides that EPA final action on the more recent amendments to District Rules 2020 and 2201 shall discharge EPA's obligations to act on the subject rules as submitted on December 29, 2006.
In the proposed consent decree, EPA agrees that, pursuant to CAA section 304(d), 42 U.S.C. 7604(d), Plaintiff is both eligible and entitled to recover its costs of litigation in this action, including reasonable attorneys' fees, incurred prior to entry of the consent decree. The consent decree becomes an order of the Court upon entry, and, consistent with the terms of the consent decree, the case shall be dismissed with prejudice after EPA takes final action on the amended rules.
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
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, 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?
The official public docket for this action (identified by Docket ID No. EPAHQOGC20090831) 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 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.
Use of the http://www.regulations.gov website 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
[[Page 56614]]
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 e
mail 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 26, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E926338 Filed 103009; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Jefferson Wehling, Office of Regional Counsel (ORC2), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105; telephone: (415) 9723901; fax number (415) 9473571; email address: wehling.jefferson@epa.gov.