[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Pages 40827-40828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17136]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9175-5]
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 (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), 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 Northern District of
California: Sierra Club v. Jackson, No. 09-cv-00152 SBA (N.D. Cal.). On
January 13, 2009, Plaintiff filed a complaint alleging that EPA failed
to meet its obligations under sections 112(d)(6) and 112(f)(2) of the
CAA to take actions relative to the review/revision of the National
Emission Standards for Hazardous Air Pollutants with respect to 28
source categories identified in the complaint. The proposed consent
decree establishes deadlines for EPA's proposed and final actions for
meeting these obligations.
DATES: Written comments on the proposed consent decree must be received
by August 13, 2010.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0508, online at http://www.regulations.gov (EPA's preferred
method); by e-mail 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: Amy Branning, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-1744; fax number: (202) 564-5603; e-mail address:
branning.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
Under sections 112(d)(6) and 112(f)(2) of the CAA, EPA has a
mandatory duty to take actions relative to the review/revision of
national emission standards for hazardous air pollutants (``NESHAP'')
within eight years of the issuance of such standards. The proposed
consent decree would resolve a deadline suit filed by Plaintiff for
EPA's failure to take the above actions within eight years of issuing
the NESHAP for the following 28 source categories:
(1) Marine Tank Vessel Loading Operations (40 CFR part 63, subpart
Y);
(2) Pharmaceuticals Production (40 CFR part 63, subpart GGG);
(3) Printing and Publishing (40 CFR part 63, subpart KK);
(4) Hand and Decorative Chromium Electroplating and Chromium
Anodizing Tanks (40 CFR part 63, subpart N);
(5) Steel Pickling-HCL Process Facilities and Hydrochloric Acid
Regeneration Plants (40 CFR part 63, subpart CCC);
(6) Group I Polymers and Resins (40 CFR part 63, subpart U);
(7) Ship Building and Ship Repair (Surface Coating) Operations (40
CFR part 63, subpart II);
(8) Wood Furniture Manufacturing Operations (40 CFR part 63,
subpart JJ);
(9) Primary Lead Smelting (40 CFR part 63, subpart TTT);
(10) Secondary Lead Smelting (40 CFR part 63, subpart X);
(11) Pulp and Paper Production (40 CFR part 63, subpart S);
(12) Aerospace Manufacturing and Rework Facilities (40 CFR part 63,
subpart GG);
(13) Mineral Wool Production (40 CFR part 63, subpart DDD);
(14) Primary Aluminum Reduction Plants (40 CFR part 63, subpart
LL);
(15) Ferroalloys Production: Ferromanganese and Silicomanganese (40
CFR part 63, subpart XXX);
[[Page 40828]]
(16) Wool Fiberglass Manufacturing (40 CFR part 63, subpart NNN);
(17) Secondary Aluminum Production (40 CFR part 63, subpart RRR);
(18) Pesticide Active Ingredient Production (40 CFR part 63,
subpart MMM);
(19) Polyether Polyols Production (40 CFR part 63, subpart PPP);
(20) Group IV Polymers and Resins (40 CFR part 63, subpart JJJ);
(21) Flexible Polyurethane Foam Production (40 CFR part 63, subpart
III);
(22) Acrylic and Modacrylic Fibers Production (40 CFR part 63,
subpart YY);
(23) Polycarbonate Production (40 CFR part 63, subpart YY);
(24) Off-Site Waste Recovery operations (40 CFR part 63, subpart
DD);
(25) Phosphoric Acid Manufacturing (40 CFR part 63, subpart AA);
(26) Phosphate Fertilizers Production Plants (40 CFR part 63,
subpart BB);
(27) Group III Polymers and Resins--Manufacture of Amino/Phenolic
Resins (40 CFR part 63, subpart OOO); and
(28) Portland Cement manufacturing (40 CFR part 63, subpart LLL).
The proposed Consent Decree establishes deadlines for EPA's
proposed and final actions for meeting these obligations. The proposed
Consent Decree further requires that, within 15 business days of
signing a proposed or final action, EPA shall deliver a notice of such
action to the Office of the Federal Register for prompt publication.
The proposed consent decree states that, after EPA fulfills its
obligations under the decree, EPA may move to have this Decree
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, based on any comment submitted, 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-2010-0508) 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
http://www.regulations.gov. You may use http://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 on paper, will be made available
for public viewing online at http://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 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.
Use of the http://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, 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 http://www.regulations.gov, 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: July 8, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-17136 Filed 7-13-10; 8:45 am]
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