[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56840-56842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22762]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[9728-3]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby
given of a proposed consent decree to address a
[[Page 56841]]
lawsuit filed by the Center for Biological Diversity, Greenpeace, Inc.,
and Port Townsend Airwatchers (collectively, ``Plaintiffs'') in the
United States District Court for the Northern District of California:
Center for Biological Diversity, et al. v. EPA, No. C-11-06059 YGR
(N.D. CA). On December 6, 2011, Plaintiffs filed a complaint alleging
that EPA failed to review, and if appropriate revise, the New Source
Performance Standards for Kraft Pulp Mills (``Kraft Pulp NSPS'') under
CAA section 111(b)(1)(B), 42 U.S.C. 7411(b)(1)(B). The proposed consent
decree establishes deadlines for EPA to take action.
DATES: Written comments on the proposed consent decree must be received
by October 15, 2012.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0730, online at www.regulations.gov (EPA's preferred method);
by email to oei.docket@epa.gov; 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: Scott Jordan, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone: (202) 564-7508; fax number (202) 564-5603; email address:
jordan.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would resolve a lawsuit filed by the
Plaintiffs seeking to compel EPA to review the existing Kraft Pulp NSPS
under CAA Section 111(b)(1)(B), 42 U.S.C. 7411(b)(1)(B).
Under the proposed consent decree EPA shall review no later than
May 15, 2013, the Kraft Pulp NSPS and sign for publication one or a
combination of the following: (1) A proposed rule containing revisions
to the Kraft Pulp NSPS, 40 CFR part 60, Subpart BB (``NSPS Subpart
BB''), under section 111(b)(1)(B) of the CAA, 42 U.S.C. 7411(b)(1)(B);
(2) a proposed determination under section 111(b)(1)(B) not to revise
NSPS Subpart BB; or (3) sign for publication a determination that
review is not appropriate in light of readily available information on
the efficacy of NSPS Subpart BB. The proposed consent decree also
states that if EPA signs a proposed rule or a proposed determination
then no later than March 14, 2014, EPA shall sign one or a combination
of the following: (1) A final rule containing revisions to NSPS Subpart
BB under section 111(b)(1)(B) of the CAA, 42 U.S.C. 7411(b)(1)(B); or
(2) a final determination under section 111(b)(1)(B) not to revise
Subpart BB.
The proposed consent decree requires that, within 10 business days
following signature of the proposed or final rules or determinations
required in the proposed consent decree, EPA shall forward it or them
to the Office of the Federal Register for publication in the Federal
Register. After EPA fulfills its obligations under the proposed consent
decree, the matter shall be terminated and the case dismissed with
prejudice.
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 that consent to this 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?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2012-0730) 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 (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
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 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
[[Page 56842]]
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: September 7, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-22762 Filed 9-13-12; 8:45 am]
BILLING CODE 6560-50-P