[Federal Register: June 11, 2009 (Volume 74, Number 111)]
[Notices]
[Page 27790-27792]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn09-57]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8917-2]
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 ``Act''), 42 U.S.C. 7413(g), notice is hereby given of
a proposed consent decree, to address a lawsuit filed by Association of
Irritated Residents in the United States District Court for the
Northern District of California: Association of Irritated Residents v.
EPA, No. 08-cv-05650 CW (N.D. Cal.). Plaintiff filed a deadline suit to
compel the Administrator to take action under section 110(k) of the Act
on two specific revisions to the state implementation plan (SIP)
submitted by the California Air Resources Board on behalf of the San
Joaquin Valley Unified Air Pollution Control District (``District'').
The two SIP revisions include Rule 3170, which provides for the payment
of fees by certain sources when the District fails to attain certain
air quality standards by a specified date and Rule 4570, which is
intended to reduce emissions from volatile organic compounds on certain
confined animal facilities located in the District. Under the terms of
the proposed consent decree, the parties agree that the Rule
[[Page 27791]]
4570 claim is moot and warrants dismissal with prejudice in light of
the state court ruling setting aside the District's adoption of Rule
4570. In addition, the proposed consent decree establishes deadlines
for EPA to take action on Rule 3170.
DATES: Written comments on the proposed consent decree must be received
by July 13, 2009.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0376, 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: Jan Tierney, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-5598; fax number (202) 564-5603; e-mail address:
tierney.jan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
This proposed consent decree would resolve a lawsuit seeking to
compel action by EPA under section 110(k) of the CAA on the following
two SIP revisions submitted by the California Air Resources Board on
behalf of the San Joaquin Valley Unified Air Pollution Control District
(``District''). The two SIP revisions include Rule 3170, which provides
for the payment of fees by certain sources when the District fails to
attain certain air quality standards by a specified date and Rule 4570,
which is intended to reduce emissions from volatile organic compounds
on certain confined animal facilities located in the District. On
January 22, 2009, the Superior Court of California, upon remand from
the Court of Appeals for the State of California, in Association of
Irritated Residents v. San Joaquin Valley Unified Air Pollution Control
District, 168 Cal. App. 4th 535 (Cal. App. 5 Dist. 2008) entered a
judgment and writ of mandate which was amended on March 12, 2009,
declaring that the District failed to perform an adequate assessment of
Rule 4570's impact on the public health before its adoption as required
by California Health and Safety Code section 40724.6(e)(2). The court
ordered the District to perform the public health assessment and to set
aside the adoption of Rule 4750 pending that assessment. Under the
terms of the proposed consent decree, the parties agree that the claim
regarding Rule 4570 is moot and warrants dismissal with prejudice.
In addition, the proposed consent decree provides that EPA will
sign for publication in the Federal Register notice of the Agency's
proposed action pursuant to CAA section 110(k) on Rule 3170 by June 30,
2009. EPA will sign notice of the Agency's final action pursuant to CAA
section 110(k) on Rule 3170 by November 13, 2009. If EPA fulfills its
obligations, Plaintiff has agreed to dismiss this suit with prejudice.
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
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-2009-0376) 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, 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,
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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: June 5, 2009.
Sara Schneeberg,
Acting Associate General Counsel.
[FR Doc. E9-13730 Filed 6-10-09; 8:45 am]
BILLING CODE 6560-50-P