[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Pages 9204-9205]
[FR Doc No: 2014-03427]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9906-90-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 Sierra Club in the United
States District Court for the District of Columbia: Sierra Club v.
McCarthy, Civil Action No. 1:13-cv-00385 (BAH) (D.D.C.). On March 25,
2013, Plaintiff filed a complaint, and on June 7, 2013 filed an amended
complaint, alleging that Gina McCarthy, in her official capacity as
Administrator of the United States Environmental Protection Agency
(``EPA''), failed to: (a) Take timely final action to approve,
disapprove, or partially approve/disapprove a State Implementation Plan
(``SIP'') submission made by Georgia on July 20, 2010 addressing
Georgia Rule for Air Quality 391-3-1-.02(uuu) and (b) take action,
within 60 days after they were filed, granting or denying several
petitions submitted by Sierra Club requesting that EPA object to CAA
Title V permits issued by the Georgia Environmental Protection Division
for Georgia Power Company's Scherer Steam-Electric Generating Plant,
Hammond Steam-Electric Generating Plant, Wansley Steam-Electric
Generating Plant, Kraft Steam-Electric Generating Plant, and McIntosh
Steam-Electric Generating Plant. The proposed consent decree would
establish deadlines for EPA to take such actions.

DATES: Written comments on the proposed consent decree must be received
by March 20, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0150, online at www.regulations.gov (EPA's preferred method);
by email 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: Karen Bennett Bianco, 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: (202) 564-
5603; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by Sierra
Club seeking to compel the Administrator to take actions under CAA
sections 110(k)(2), (3) and 505(b)(2). Under the terms of the proposed
consent decree, EPA would agree to sign a notice of final rulemaking to
approve, disapprove, or approve in part and disapprove in part
Georgia's July 20, 2010 SIP Submittal addressing Georgia Rule for Air
Quality 391-3-1-.02(uuu) (``GA SIP'') no later than November 16, 2016,
unless Georgia withdraws its July 20, 2010 SIP submittal. The proposed
consent decree also states that no later than April 14, 2014, EPA shall
sign its response granting or denying the Sierra Club petitions
regarding Georgia Power Company's Scherer Steam-Electric Generating
Plant, Permit No. 4911-207-0008-V-03-0, Hammond Steam-Electric
Generating Plant, Permit No. 4911-115-0003-V-03-0, Wansley Steam-
Electric Generating Plan, Permit No. 4911-149-0001-V-03-0, Kraft Steam-
Generating Plant, Permit No. 4911-051-0006-V-03-0, and McIntosh Steam-
Electric Generating Plant, Permit No. 4911-103-0003-V-03-0, pursuant to
section 505(b)(2) of the CAA.
    Under the terms of the proposed consent decree, EPA will deliver
notice of each action to the Office of the Federal Register for review
and publication within 15 business days of signature. In addition, the
proposed consent decree outlines the procedure for the Plaintiff to
request costs of litigation, including attorney fees.
    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.

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-2014-0150) 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 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: February 7, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-03427 Filed 2-14-14; 8:45 am]
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