[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Notices]
[Pages 8406-8407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3935]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7626-2]
Proposed Amendment to Second Consent Decree, Clean Air Act
Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed amendment to second consent decree regarding
Portland, Maine; 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 amendment to the second partial consent decree, to address a
lawsuit filed by Sierra Club and the Group Against SMOG and Pollution
in the District Court for the District of Columbia: Sierra Club and
Group Against SMOG and Pollution, Inc. v. Leavitt, No. 1:00CV02206 (D.
D.C.). On or about September 14, 2000, Sierra Club and the Group
Against SMOG and Pollution filed a complaint seeking to require EPA to
take final actions regarding determinations of whether several PM-10
and ozone nonattainment areas had attained the pertinent air quality
standards by their attainment dates. EPA and the plaintiffs previously
settled the claims regarding a number of the nonattainment areas,
including Portland, Maine, in prior consent decrees. EPA and the
plaintiffs are now proposing to amend the consent decree concerning
Portland to extend the date for EPA's final action regarding Portland.
Under the terms of the proposed amendment to the second consent decree,
EPA will sign for publication in the Federal Register the
Administrator's final determination pursuant to 42 U.S.C. 7511(b)(2) on
whether the Portland area did or did not attain the 1-hour national
ambient air quality standards for ozone by the applicable attainment
date.
DATES: Written comments on the proposed amendment to second consent
decree must be received by March 25, 2004.
ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0003, online at http://www.epa.gov/edocket (EPA's preferred
method); by e-mail to [email protected]; mailed 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 B102, 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 Wordperfect 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: Kevin McLean, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
telephone: (202) 564-5564.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Amendment to Second
Consent Decree
The proposed amendment to the second consent decree expects that
the Maine Department of Environmental Protection (``DEP'') will notify
EPA in writing by March 1, 2004 that it has issued and made publicly
available a study, including supporting data on the feasibility of
implementing the California Zero Emission Vehicle (``ZEV'') mandate in
Maine. In addition, the proposed amendment to the second consent decree
expects that the Maine DEP will submit for EPA's approval eight
specific revisions to its State Implementation Plan by dates set forth
in the consent decree. The proposed amendment to the consent decree
provides that if Maine DEP does not make its ZEV study publicly
available by the specified date or if EPA does not find the SIP
revisions complete or approve them by specified dates, EPA is to take
final action regarding the determination of attainment for Portland.
If, however, the ZEV study is made publicly available and EPA approves
all of the eight SIP revisions, then EPA is to have no further
obligations under the consent decree.
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 amendment to second 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 amendment to second 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 amendment to the second consent decree should be withdrawn, the
terms of the decree will be affirmed.
II. Additional Information About Commenting on the Proposed Amendment
to Second Consent Decree
A. How Can I Get a Copy of the Amendment to the Second Consent Decree?
EPA has established an official public docket for this action under
Docket ID No. OGC-2004-0003 which contains a copy of the amendment to
second 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)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
[[Page 8407]]
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 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.
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, 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 EPA's
electronic public docket, 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: February 17, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of
General Counsel.
[FR Doc. 04-3935 Filed 2-23-04; 8:45 am]
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