[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Pages 46168-46169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15739]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7949-6]
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 Sierra Club and
United States Public Interest Research Group (collectively,
``Plaintiffs''): Sierra Club, et al. v. Johnson, No. 1:04CV00094 (RBW)
(D.D.C.) to compel EPA to issue further regulations containing
requirements to control hazardous air pollutants from motor vehicles
and motor vehicle fuels. The proposed consent decree would establish a
deadline of February 28, 2006 for EPA to sign a notice of proposed
rulemaking containing requirements to control hazardous air pollutants
from motor vehicles and motor vehicle fuels as the Administrator
determines are appropriate pursuant to section 202(l)(2) of the Act,
or, in the alternative, propose that no such requirements are
necessary. No later than February 9, 2007, EPA shall sign a final rule
taking final action on such proposal.
DATES: Written comments on the proposed consent decree must be received
by September 8, 2005.
ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0010, 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: Steven Silverman, Air and Radiation
Law Office (2366A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-5523.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would establish a schedule for EPA to
take action pursuant to section 202(l)(2) of the Clean Air Act. That
provision requires EPA to issue regulations controlling emissions of
toxic air pollutants from motor vehicles and motor vehicle fuels. EPA
is to establish standards for motor vehicles and motor vehicle fuels
reflecting the greatest degree of emission reduction of hazardous air
pollutants achievable through application of technology which will be
available, taking into consideration, among other things, costs of the
technology, noise, energy and safety factors, and lead time.
EPA issued an initial set of standards implementing this provision,
and as part of those regulations, indicated that the agency would
propose further requirements considered appropriate by July 1, 2003,
and would take final action on such a proposal by July 1, 2004. 40 CFR
80.1045 (``What additional rulemaking will EPA conduct?''). EPA did not
propose rules or take final action by these dates.
Plaintiffs filed suit pursuant to section 304(a)(2) of the Act (42
U.S.C. 7604(a)(2)) claiming that this regulation established a
mandatory duty to act by the dates specified in the regulation. EPA
moved to dismiss, arguing that the rule did not create a mandatory
duty, and if it did, it was not a duty arising under the relevant
chapter of the Act, as required by section 304(a)(2). The District
Court rejected both arguments, holding that the rule created a
mandatory duty and that it arose from the Clean Air Act. Sierra Club v.
Leavitt, 355 F. Supp. 2d 544, 557 (D.D.C. 2005).
Rather than litigate deadlines for EPA to take the actions
specified in section 80.1045, the parties have negotiated a draft
consent decree. Under the terms of the proposed decree, no later than
February 28, 2006, EPA shall sign a proposed rule containing
requirements to control hazardous air pollutants from motor vehicles
and motor vehicle fuels as the Administrator determines are appropriate
pursuant to section 202(l)(2) of the Act, or, in the alternative,
propose that no such requirements are necessary. No later than February
9, 2007, EPA shall sign a final rule taking final action on that
proposal.
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
or interveners 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 determine, 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?
EPA has established an official public docket for this action under
Docket ID No. OGC-2005-0010 which contains a copy of the 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.
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,''
[[Page 46169]]
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: August 1, 2005.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office, Office
of General Counsel.
[FR Doc. 05-15739 Filed 8-8-05; 8:45 am]
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