[Federal Register: April 4, 2007 (Volume 72, Number 64)]
[Notices]
[Page 16347-16348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap07-57]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8295-3]
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 (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given
of a proposed consent decree, to address a lawsuit filed by Rocky
Mountain Clean Air Action and Jeremy Nichols (collectively
``Plaintiffs''): Rocky Mountain Clean Air Action, et al. v. Johnson,
No. 06-01992 (D. D.C.). Plaintiffs filed deadline suits to compel the
Administrator to respond to petitions seeking EPA's objection to CAA
Title V operating permits filed in 2005 for the Public Service
Company's Fort Saint Vrain Power Station (``Ft. St. Vrain Station'') in
Colorado and in 2006 for the GCC Dacotah cement plant (``GCC Dacotah'')
in South Dakota. Under the terms of the proposed consent decree, EPA
has agreed to respond to the GCC Dacotah petition by June 15, 2007, and
the Ft. St. Vrain Station petition is dismissed as moot because EPA
took final action on February 5, 2007.
DATES: Written comments on the proposed consent decree must be received
by May 4, 2007.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0267, online at http://www.regulations.gov (EPA's preferred
[[Page 16348]]
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: David Orlin, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-1222; fax number (202) 564-5603; e-mail address:
orlin.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
This proposed consent decree would resolve a lawsuit seeking a
response to petitions to object to CAA Title V permits issued to the
Ft. St. Vrain Station in Colorado and the GCC Dacotah plant in South
Dakota. On February 5, 2007, EPA took final action on Plaintiffs' CAA
Title V petition regarding Ft. St. Vrain Station. See 72 FR 13277 (Mar.
21, 2007). Under the consent decree, Plaintiffs' claim for relief for
Ft. St. Vrain petition will be dismissed as moot except as to the issue
of costs of litigation, including attorneys' fees. No later than June
15, 2007, EPA shall sign a decision, pursuant to 42 U.S.C. 7661d(b)(2),
taking final action on Plaintiffs' petition on the GCC Dacotah permit.
During a 60-day period after the decree is entered by the court, the
parties shall seek to informally resolve any claim for litigation
costs, including attorneys' fees, and if they cannot, Plaintiffs may
seek such costs from the Court.
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-2007-0267) 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 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: March 29, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-6235 Filed 4-3-07; 8:45 am]
BILLING CODE 6560-50-P