[Federal Register: October 15, 2004 (Volume 69, Number 199)]
[Notices]
[Page 61246-61248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc04-87]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7828-1]
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 agreement, to address consolidated lawsuits
filed by the Sierra Club. Sierra Club v. Leavitt, Nos. 1:02CV00946,
1:02CV00947 and 1:03CV02410 (D. D.C.). In May 2002 and November 2003,
Sierra Club filed
[[Page 61247]]
lawsuits against EPA claiming that EPA had failed to carry out
mandatory duties imposed by sections 112(d)(6) and 112(f)(2)(A) of the
Act with respect to coke oven batteries and dry cleaners. Specifically,
the complaints alleged that EPA had failed to determine within the
deadlines established by the Act whether or not to revise technology-
based standards issued for these source categories pursuant to sections
112(d)(8)(A) and 112(d)(2) to adopt more stringent technology-based
standards or more stringent risk-based standards. Under the terms of
the proposed consent decree, by March 31, 2005, EPA must make a final
determination whether or not to amend the emission standards for coke
oven batteries, and by April 28, 2006, EPA must make a final
determination whether or not to amend the emission standards for dry
cleaning facilities.
DATES: Written comments on the proposed consent decree must be received
by November 15, 2004.
ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0009, online at http://www.epa.gov/edocket (EPA's preferred method); by e-mail to oei.docket@epa.gov; 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 (2344A), 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 addresses lawsuits alleging that EPA
failed to carry out its mandatory duties under section 112(d)(6) and
112(f)(2) to determine whether or not to revise the so-called MACT
(``maximum achievable control technology'') standards for coke oven
batteries and for dry cleaners by the deadlines established by the Act.
Section 112(d)(6) requires that EPA periodically review and revise as
necessary, taking into account developments in practices, processes,
and control technologies, MACT standards issued pursuant to section
112(d). Section 112(f)(2) requires that EPA evaluate on a prescribed
schedule whether risks to human health or the environment remaining
after promulgation of a MACT standard warrant revision of that
standard.
Under the proposed consent decree EPA will conduct a rulemaking to
review, and to revise as necessary the existing emission standards for
coke oven batteries. (These are MACT standards established pursuant to
section 112(d)(8)(A) of the Act.) The rulemaking will address
determinations under both section 112(d)(6) and 112(f)(2). No later
than March 31, 2005, EPA shall sign a final rule revising the emission
standards for coke oven batteries or make a final determination that
such standards are not required. (EPA has in fact proposed to amend the
MACT standards for coke oven batteries and now is accepting comment on
that proposal. See 69 FR 48337 (August 9, 2004.))
The proposed consent decree also requires that EPA will conduct a
rulemaking to review, and to revise as necessary the existing emission
standards for dry cleaning facilities. (These are MACT standards issued
pursuant to section 112(d)(2) of the Act.) The rulemaking will address
determinations under both section 112(d)(6) and 112(f)(2). No later
than April 28, 2006, EPA shall sign a final rule revising emission
standards for dry cleaning facilities or make a final determination
that such standards are not required.
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
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-2004-0009 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,''
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
[[Page 61248]]
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: October 1, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of
General Counsel.
[FR Doc. 04-23154 Filed 10-14-04; 8:45 am]
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