[Federal Register: December 7, 2009 (Volume 74, Number 233)]
[Notices]
[Page 64076-64077]
[DOCID:fr07de09-892]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL--9089-7]

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 (``Act''), 42 U.S.C. 7413(g), 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 Northern District
of California: WildEarth Guardians v. Jackson, No. 4:09-CV-02453-CW
(N.D. CA). On June 3, 2009, Plaintiff filed a complaint alleging that
EPA failed to perform a non-discretionary duty to either approve a
State Implementation Plan (``SIP'') or promulgate a Federal
Implementation Plan (``FIP'') for California, Colorado, Idaho, New
Mexico, North Dakota, Oklahoma, and Oregon to satisfy the requirements
of Clean Air Act section 110(a)(2)(D)(i), 42 U.S.C. 7410(a)(2)(D)(i),
with regard to the 1997 National Ambient Air Quality Standards
(``NAAQS'') for 8-hour ozone and fine particulate matter
(``PM2.5''). Under the terms of the proposed consent decree,
deadlines are established for EPA to take action.

DATES: Written comments on the proposed consent decree must be received
by December 7, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0849, online at www.regulations.gov (EPA's preferred method);
by e-mail to<EMAIL_ADDRESS>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: Geoffrey L. Wilcox, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would settle the complaint filed by
Plaintiff for EPA's alleged failure either to approve a State
Implementation Plan (``SIP'') or promulgate a Federal Implementation
Plan (``FIP'') for California, Colorado, Idaho, New Mexico, North
Dakota, Oklahoma, and Oregon to satisfy the requirements of Clean Air
Act section 110(a)(2)(D)(i), 42 U.S.C. 7410(a)(2)(D)(i) with regard to
the 1997 National Ambient Air Quality Standards (``NAAQS'') for 8-hour
ozone and fine particulate matter (``PM2.5''). Under the
terms of the proposed consent decree, after the date of lodging of the
proposed consent decree, the Administrator shall sign a notice or
notices either approving a State Implementation Plan (``SIP''),
promulgating a Federal Implementation Plan (``FIP'') or approving a SIP
in part with promulgation of a partial FIP, for California, Colorado,
Idaho, New Mexico, North Dakota, Oklahoma, and Oregon to satisfy the
four separate requirements of Clean Air Act section 110(a)(2)(D)(i), 42
U.S.C. 7410(a)(2)(D)(i), with regard to the 1997 National Ambient Air
Quality Standards (``NAAQS'') for 8-hour ozone and fine particulate
matter (``PM2.5'') as identified by the deadlines specified
for each requirement in the consent decree. These dates fall 6 months,
12 months, or 18 months from the date of lodging of the proposed
consent decree, depending upon the specific requirements of section
110(a)(2)(D)(i) and the specific state in question. In addition, under
the proposed consent decree, if any of the States has not submitted an
administratively complete proposed SIP to address the visibility
requirement of 42 U.S.C. 7410(a)(2)(D)(i)(II) by 6 months after lodging
of the proposed consent decree, then by 12 months after lodging of the
proposed consent decree, the Administrator shall sign a notice or
notices proposing for each such State either promulgation of a FIP,
approval of a SIP (if one has been submitted in the interim), or
partial promulgation of a FIP and partial approval of a SIP, to address
the visibility requirement.
    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, based on any comment 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 Proposed Consent Decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2009-0849) 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<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    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 e-mail 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, e-mail 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
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through
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: November 26, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-29080 Filed 12-4-09; 8:45 am]

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