[Federal Register: July 18, 2007 (Volume 72, Number 137)]
[Notices]
[Page 39409-39410]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy07-62]
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ENVIRONMENTAL PROTECTION AGENCY
[FR-8440-8]
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 Citizens
Against Ruining the Environment (``Plaintiff'') in the U.S. District
Court for the Northern District of Illinois: Citizens Against Ruining
the Environment v. Johnson, No. 06-6915 (N.D. IL). Plaintiff filed a
deadline suit to compel the Administrator to respond to an
administrative petition dated November 23, 2005 seeking EPA's objection
to CAA Title V operating permits for two (2) electrical generating
stations in the State of Illinois known as the Will County Generating
Station and the Joliet Generating Station. Under the terms of the
proposed consent decree, EPA has agreed to respond to the Plaintiff(s
petition within five (5) business days after the entry of this decree,
and the Plaintiff has agreed to dismiss the suit with prejudice. In
addition, EPA has agreed to pay the Plaintiff a specified amount in
settlement for attorneys' fees and litigation costs in this matter. EPA
responded to the petition on June 14, 2007.
DATES: Written comments on the proposed consent decree must be received
by August 17, 2007.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0550, 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: Paul Versace, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-0219; fax number (202) 564-5603; e-mail address:
versace.paul@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
This proposed consent decree would resolve a lawsuit seeking a
response to an administrative petition dated November 23, 2005 to
object to CAA Title V permits for two (2) electrical
[[Page 39410]]
generating stations in the State of Illinois known as the Will County
Generating Station and the Joliet Generating Station. Under the
proposed consent decree, EPA has agreed to respond to the Plaintiff's
petition within five (5) business days after the entry of this decree
and to pay a specified amount in settlement of the Plaintiff's claims
for attorneys' fees and other litigation costs. The consent decree
becomes an order of the Court upon entry, and, consistent with the
terms of the consent decree, the case shall be dismissed with prejudice
after EPA takes final action on Plaintiff's petition and resolves
Plaintiff's claims for litigation costs. On June 14, 2007, EPA took
final action on Plaintiff's CAA Title V petition regarding permits for
two (2) electrical generating stations in the State of Illinois known
as the Will County Generating Station and the Joliet Generating
Station.
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-2007-0550) 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 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, 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 11, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-13908 Filed 7-17-07; 8:45 am]
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