[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Notices]
[Page 20087-20089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-72]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8160-1]
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, to address a lawsuit filed by Our Children's
Earth Foundation and Sierra Club (collectively, ``plaintiffs'') in the
U.S. District Court Northern District of California--Oakland Division:
Our Children's Earth Foundation, et al. v. EPA, No. C 0505184 (N.D.
CA). On December 14, 2005, plaintiffs filed a complaint alleging that
EPA failed to perform a non-discretionary duty to review and, if
necessary, revise the standards for emissions of hazardous air
pollutants for petroleum refineries as required by section 112(d)(6) of
the Clean Air Act (``CAA''), 42 U.S.C. 7412(d)(6). Under the terms of
the proposed consent decree, within 12 months, EPA must make a proposed
determination whether or not to revise the standards for petroleum
refineries, and within 24 months, EPA must make a final determination
whether or not to revise the standards for petroleum refineries.
[[Page 20088]]
DATES: Written comments on the proposed consent decree must be received
by May 19, 2006.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0346, 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 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: Apple Chapman, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-5666; fax number (202) 564-5603; e-mail address:
chapman.apple@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The CAA section 112(d)(6) requires EPA to review and revise as
necessary each emission standard for hazardous air pollutants every 8
years. In 1995, EPA promulgated emission standards for petroleum
refineries at 40 CFR part 63, subpart CC. Plaintiffs filed a complaint
alleging that EPA failed to perform a non-discretionary duty to review
and, if necessary, revise the standards for emissions of hazardous air
pollutants for petroleum refineries as required by section 112(d)(6) of
the Clean Air Act, 42 U.S.C. 7412(d)(6). Under the terms of the
proposed consent decree, within 12 months of entry of this consent
decree, EPA shall sign and submit for publication in the Federal
Register a notice of proposed revisions to the standards for petroleum
refineries in 40 CFR part 63, subpart CC pursuant to 42 U.S.C.
7412(d)(6) or a notice of proposed determination that no revisions are
necessary. Within 24 months of entry of this consent decree EPA shall
sign and submit for publication in the Federal Register a notice of
final revisions to the standards for petroleum refineries in 40 CFR
part 63, subpart CC pursuant to 42 U.S.C. 7412(d)(6) or a notice of
final determination that no revisions are necessary.
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 Settlement
A. How Can I Get A Copy of the Consent Decree?
Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2006-0346 which contains a copy of the
settlement. 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
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.
[[Page 20089]]
Dated: April 13, 2006.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E6-5872 Filed 4-18-06; 8:45 am]
BILLING CODE 6560-50-P