[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Notices]
[Pages 41186-41187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17026]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2012-0554; FRL-9699-6]
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 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. Jackson, No. 12-cv-
00013-RWR (D. D.C.). Plaintiff filed a complaint and a first amended
complaint alleging that EPA failed to take timely action to approve,
disapprove, or approve in part and disapprove in part the state
implementation plan (``SIP'') submittals or portions of submittals for
the Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area
from North Carolina and South Carolina. The proposed consent decree
establishes a deadline of November 30, 2012, for EPA to take action on
the North Carolina SIP with respect to the reasonable further progress
(``RFP'') for volatile organic compounds (``VOC'') and nitrogen oxides
(``NOX'') requirement and the South Carolina SIP with
respect to the RFP for VOC and NOX and emissions statements
requirements. The proposed consent decree also establishes a deadline
of May 1, 2013, for EPA to take action on the North Carolina SIP with
respect to the reasonable area control technology (``RACT'') for
NOX.
DATES: Written comments on the proposed consent decree must be received
by August 13, 2012.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0554, 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: Stephanie L. Hogan, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone: (202) 564-3244; fax number (202) 564-5603; email address:
hogan.stephanie@epa.gov.
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 Agency to take final action under sections
110(k)(2) and (3) of the CAA, 42 U.S.C. 7410(k)(2) and (3), on the SIP
submittals or portions of submittals for the Charlotte-Gastonia-Rock
Hill 1997 8-hour ozone nonattainment area from North Carolina and South
Carolina. Specifically, the lawsuit seeks to compel the Agency to take
final action, pursuant to section 110(k) of the CAA, 42 U.S.C. 7410(k),
on the 1997 8-hour ozone nonattainment area requirements in the North
Carolina SIP, including the emissions inventory, the RFP for VOC and
NOX, the RACT for NOX for major sources, and the
emissions statements. The lawsuit also seeks to compel the Agency to
take final action pursuant to section 110(k) of the CAA, 42 U.S.C.
7410(k), on the 1997 8-hour ozone nonattainment area requirements in
the South Carolina SIP, including the emissions inventory, the RFP for
VOC and NOX, and the emissions statements.
On April 24, 2012, EPA took final action to approve the SIP
submittal submitted by North Carolina addressing the 1997 ozone NAAQS
emissions statements requirement for the Charlotte-Gastonia-Rock Hill
1997 8-hour ozone nonattainment area. 77 FR 24382. On May 4, 2012, EPA
took final action to approve the SIP submittals submitted by North
Carolina addressing the 1997 ozone NAAQS emissions inventory for the
Charlotte-Gastonia-Rock Hill 1997 8-hour ozone nonattainment area. 77
FR 26441. On May 18, 2012, EPA took final action to approve the SIP
submittals submitted by South Carolina addressing the 1997 ozone NAAQS
emissions inventory for the Charlotte-Gastonia-Rock Hill 1997 8-
[[Page 41187]]
hour ozone nonattainment area. 77 FR 29540.
The proposed consent decree requires that, no later than November
30, 2012, the appropriate EPA official shall sign a notice of final
rulemaking approving, disapproving, or approving in part and
disapproving in part the SIP submittals submitted by North Carolina
addressing the 1997 ozone NAAQS RFP for VOC and NOX
requirements for the Charlotte-Gastonia-Rock Hill area. The proposed
consent decree also requires that, no later than November 30, 2012, the
appropriate EPA official shall sign a notice of final rulemaking
approving, disapproving, or approving in part and disapproving in part
the SIP submittals submitted by South Carolina addressing the 1997
ozone NAAQS RFP for VOC and NOX, and emissions statements
requirements for the Charlotte-Gastonia-Rock Hill area. Finally, the
proposed consent decree requires that, no later than May 1, 2013, the
appropriate EPA official shall sign a notice of final rulemaking
approving, disapproving, or approving in part and disapproving in part
the SIP submittals submitted by North Carolina addressing the 1997
ozone NAAQS RACT for NOX for major sources requirement for
the Charlotte-Gastonia-Rock Hill area.
On June 25, 2012, the EPA issued a direct final rule approving the
South Carolina emissions statement. 77 FR 37812. The EPA indicated that
the rule will take effect on August 24, 2012, unless EPA receives
adverse comment by July 25, 2012, 77 FR 37813. In the event that
adverse comment is received on the direct final rule, EPA will withdraw
the direct final rule in order to address the comments and there will
be no change to the deadlines and obligations contained in the proposed
consent decree. However, in the event that adverse comment is not
received on the direct final rule, the rule will take effect as
scheduled. In the latter case, the EPA intends to remove from the
proposed consent decree the obligation to act on the South Carolina
emissions statement by November 30, 2012, as the EPA will have already
satisfied that obligation.
The proposed consent decree requires that, following signature, EPA
shall promptly deliver the notice to the Office of the Federal Register
for publication in the Federal Register and shall thereafter provide a
copy of the notice to Plaintiff within ten (10) days. After EPA
fulfills its obligations under the proposed consent decree, the consent
decree may be terminated.
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 proposed 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-2012-0554) 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 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: July 5, 2012.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-17026 Filed 7-11-12; 8:45 am]
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