[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Notices]
[Page 53768-53769]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-41]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8471-3]
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. On February 3, 2006, the Center for Biological
Diversity and four other plaintiffs (collectively, ``Plaintiffs'')
filed an amended complaint alleging that EPA failed to perform its
mandatory duty under CAA section 109(d)(1) to periodically review the
air quality criteria for nitrogen oxides (``NOX'') and
sulfur oxides (``SOX'') and the National Ambient Air Quality
Standards (``NAAQS'') for nitrogen dioxide (``NO2'') and
sulfur dioxide (``SO2''), to make such revisions to these
air quality criteria and NAAQS as may be appropriate, and to promulgate
such new NAAQS as may be appropriate. Center for Biological Diversity,
et al. v. Johnson, No. 05-1814 (D.D.C.). The proposed consent decree
establishes a schedule for EPA's review and, if appropriate, revisions
of the air quality criteria for SOX and NOX and
the NAAQS for NO2 and SO2 NAAQS.
DATES: Written comments on the proposed consent decree must be received
by October 22, 2007.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0962, online at http://www.regulations.gov (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 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: M. Lea Anderson, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-5571; fax number (202) 564-5603; e-mail address:
anderson.lea@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
Under section 109(d) of the CAA, EPA is required to periodically
review air quality criteria and NAAQS and to make such revisions as may
be appropriate. Plaintiffs allege that EPA has failed to do this by the
deadline set forth in the CAA. The proposed consent decree establishes
a schedule for EPA's review and, if appropriate, revisions of the air
quality criteria for NOX and SOX and the
NO2 and SO2 NAAQS. The schedule establishes dates
for issuance of Integrated Science Assessments (document containing air
quality criteria) addressing the human health effects of
NOX, the human health effects of SOX, and the
public welfare effects of NOX and SOX. The
proposed consent decree also establishes a schedule for EPA's issuance
of notices of proposed rulemaking and final rules concerning its review
of the primary and secondary NO2 and SO2 NAAQS.
The consent decree provides that EPA will sign a notice setting forth
its decision concerning its review of (1) the primary NO2
NAAQS no later than December 18, 2009; (2) the primary SO2
NAAQS no later than March 2, 2010; and (3) the secondary NO2
and SO2 NAAQS no later than October 19, 2010.
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 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 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?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2007-0962) contains a copy of the proposed consent
decree.
[[Page 53769]]
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 the 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, 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 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: September 14, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-18573 Filed 9-19-07; 8:45 am]
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