[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51040-51041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17123]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7961-2]
Proposed Settlement Agreement, 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 Our Children's
Earth Foundation and the Sierra Club (collectively ``Plaintiffs''): Our
Children's Earth Found. et al. v. U.S. EPA, No. C 05-00094 CW (N.D.
Cal.). On or about January 6, 2005, Plaintiffs filed a complaint
alleging that EPA had failed to perform a non-discretionary duty to
review and, if appropriate, revise the new source performance standards
(``NSPS'') for petroleum refineries and equipment leaks as required by
Section 111(b) of the Clean Air Act, 42 U.S.C. 7411(b)(1)(B). Under the
terms of the proposed Consent Decree, deadlines are established for EPA
to review and, if appropriate, revise the NSPS standards for Subparts
J, VV and GGG, 40 CFR 60.100-109, 60.480-498, 60.590-593.
DATES: Written comments on the proposed Consent Decree must be received
by September 28, 2005.
ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0013, 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: Sonja Petersen, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
telephone: (202) 564-4079.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed Consent Decree would resolve the deadline suit filed
by Plaintiffs alleging that EPA failed to review and, if appropriate,
revise the new source performance standards (``NSPS'') for petroleum
refineries and equipment leaks (NSPS subparts J, VV and GGG). The
proposed Consent Decree establishes deadlines by which EPA must review
and revise all standards in subparts J, VV, and GGG except to the
extent that EPA sets forth a proposed determination that review and/or
revision is not appropriate. The Consent Decree relates only to these
deadlines. It does not require the Administrator to make any specific
revisions to the standards.
The Consent Decree provides the following schedule for reviewing
and, if appropriate, revising these subparts. EPA must: (1) Within
twelve months of entry of the Consent Decree, propose any appropriate
revisions to the standards in NSPS subparts VV and GGG; (2) within
twenty-four months of entry of the Consent Decree, sign a final rule
containing any appropriate revisions to the standards in NSPS subparts
VV and GG; (3) within eighteen months of entry of the Consent Decree,
[[Page 51041]]
propose any appropriate revisions to the standards in NSPS subpart J;
and (4) within thirty months from the date of entry of the Consent
Decree, sign a final rule containing any appropriate revisions to the
standards in NSPS subpart J. In addition, under the proposed Consent
Decree, EPA would acknowledge that plaintiffs are eligible and entitled
to recover their litigation costs in this action. On July 22, 2005, the
parties filed with the Court a notice of lodging of the Consent Decree.
This notice informed the Court of the Decree but noted that the Decree
was not ready for entry as it is subject to the requirements of section
113(g) of the Clean Air Act.
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 settlement agreement 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?
EPA has established an official public docket for this action under
Docket ID No. OGC-2005-0013 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, to access the index listing 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: August 18, 2005.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office, Office
of General Counsel.
[FR Doc. 05-17123 Filed 8-26-05; 8:45 am]
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