41186 Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Notices 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. 

Federal advisory committees and 

panels, including scientific advisory 

committees, provide independent 

advice to EPA. Members of the public 

can submit comments for a federal 

advisory committee to consider as it 

develops advice for EPA. Input from the 

public to the SAB will have the most 

impact if it consists of comments that 

provide specific scientific or technical 

information or analysis for the SAB 

Panel to consider or if it relates to the 

clarity or accuracy of the technical 

information. Members of the public 

wishing to provide comment should 

contact the DFO directly. 

Oral Statements: In general, 

individuals or groups requesting an oral 

presentation will be limited to three 

minutes per speaker. Interested parties 

should contact Mr. Edward Hanlon, 

DFO, in writing (preferably via email), 

at the contact information noted above, 

by August 6, 2012 to be placed on the 

list of public speakers for the August 13, 

2012 teleconference, and by October 17, 

2012 to be placed on the list of public 

speakers for the October 24, 2012 

teleconference. Written Statements: 

Written statements should be received 

in the SAB Staff Office by August 6, 

2012 for the August 13, 2012 

teleconference, and by October 17, 2012 

for the October 24, 2012 teleconference, 

so that the information may be made 

available to the Panel members for their 

consideration. Written statements 

should be supplied to the DFO in 

electronic format via email (acceptable 

file formats: Adobe Acrobat PDF, 

WordPerfect, MS Word, MS PowerPoint, 

or Rich Text files in IBM–PC/Windows 

98/2000/XP format). It is the SAB Staff 

Office general policy to post written 

comments on the Web page for the 

advisory meeting or teleconference. 

Submitters are requested to provide an 

unsigned version of each document 

because the SAB Staff Office does not 

publish documents with signatures on 

its Web sites. Members of the public 

should be aware that their personal 

contact information, if included in any 

written comments, may be posted to the 

SAB Web site. Copyrighted material will 

not be posted without explicit 

permission of the copyright holder. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Mr. Edward 

Hanlon at (202) 564–2134 or via email 

at hanlon.edward@epa.gov, preferably at 

least ten days prior to the public 

teleconference(s) to give EPA as much 

time as possible to process your request. 

Dated: July 3, 2012. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2012–17027 Filed 7–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2012–0554; FRL–9699–6] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with the Clean 

Air Act, as amended ‘‘CAA’’ or the 

‘‘Act’’, notice is hereby given of a 

proposed consent decree to address a 

lawsuit filed by Sierra Club in the 

United States District Court for the 

District of Columbia: Sierra Club v. 

Jackson, No. 12–cv–00013–RWR (D. 

D.C.). Plaintiff filed a complaint and a 

first amended complaint alleging that 

EPA failed to take timely action to 

approve, disapprove, or approve in part 

and disapprove in part the state 

implementation plan (‘‘SIP’’) submittals 

or portions of submittals for the 

Charlotte-Gastonia-Rock Hill 1997 8- 

hour ozone nonattainment area from 

North Carolina and South Carolina. The 

proposed consent decree establishes a 

deadline of November 30, 2012, for EPA 

to take action on the North Carolina SIP 

with respect to the reasonable further 

progress (‘‘RFP’’) for volatile organic 

compounds (‘‘VOC’’) and nitrogen 

oxides (‘‘NOX’’) requirement and the 

South Carolina SIP with respect to the 

RFP for VOC and NOX and emissions 

statements requirements. The proposed 

consent decree also establishes a 

deadline of May 1, 2013, for EPA to take 

action on the North Carolina SIP with 

respect to the reasonable area control 

technology (‘‘RACT’’) for NOX. 

DATES: Written comments on the 

proposed consent decree must be 

received by August 13, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2012–0554, online at 

www.regulations.gov (EPA’s preferred 

method); by email 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: 

Stephanie L. Hogan, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–3244; fax number (202) 564–5603; 

email address: 

hogan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit filed by Sierra Club 

seeking to compel the Agency to take 

final action under sections 110(k)(2) and 

(3) of the CAA, 42 U.S.C. 7410(k)(2) and 

(3), on the SIP submittals or portions of 

submittals for the Charlotte-GastoniaRock Hill 1997 8-hour ozone 

nonattainment area from North Carolina 

and South Carolina. Specifically, the 

lawsuit seeks to compel the Agency to 

take final action, pursuant to section 

110(k) of the CAA, 42 U.S.C. 7410(k), on 

the 1997 8-hour ozone nonattainment 

area requirements in the North Carolina 

SIP, including the emissions inventory, 

the RFP for VOC and NOX, the RACT for 

NOX for major sources, and the 

emissions statements. The lawsuit also 

seeks to compel the Agency to take final 

action pursuant to section 110(k) of the 

CAA, 42 U.S.C. 7410(k), on the 1997 8- 

hour ozone nonattainment area 

requirements in the South Carolina SIP, 

including the emissions inventory, the 

RFP for VOC and NOX, and the 

emissions statements. 

On April 24, 2012, EPA took final 

action to approve the SIP submittal 

submitted by North Carolina addressing 

the 1997 ozone NAAQS emissions 

statements requirement for the 

Charlotte-Gastonia-Rock Hill 1997 8- 

hour ozone nonattainment area. 77 FR 

24382. On May 4, 2012, EPA took final 

action to approve the SIP submittals 

submitted by North Carolina addressing 

the 1997 ozone NAAQS emissions 

inventory for the Charlotte-GastoniaRock Hill 1997 8-hour ozone 

nonattainment area. 77 FR 26441. On 

May 18, 2012, EPA took final action to 

approve the SIP submittals submitted by 

South Carolina addressing the 1997 

ozone NAAQS emissions inventory for 

the Charlotte-Gastonia-Rock Hill 1997 8- 


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Federal Register / Vol. 77, No. 134 / Thursday, July 12, 2012 / Notices 41187 

hour ozone nonattainment area. 77 FR 

29540. 

The proposed consent decree requires 

that, no later than November 30, 2012, 

the appropriate EPA official shall sign a 

notice of final rulemaking approving, 

disapproving, or approving in part and 

disapproving in part the SIP submittals 

submitted by North Carolina addressing 

the 1997 ozone NAAQS RFP for VOC 

and NOX requirements for the CharlotteGastonia-Rock Hill area. The proposed 

consent decree also requires that, no 

later than November 30, 2012, the 

appropriate EPA official shall sign a 

notice of final rulemaking approving, 

disapproving, or approving in part and 

disapproving in part the SIP submittals 

submitted by South Carolina addressing 

the 1997 ozone NAAQS RFP for VOC 

and NOX, and emissions statements 

requirements for the Charlotte-GastoniaRock Hill area. Finally, the proposed 

consent decree requires that, no later 

than May 1, 2013, the appropriate EPA 

official shall sign a notice of final 

rulemaking approving, disapproving, or 

approving in part and disapproving in 

part the SIP submittals submitted by 

North Carolina addressing the 1997 

ozone NAAQS RACT for NOX for major 

sources requirement for the CharlotteGastonia-Rock Hill area. 

On June 25, 2012, the EPA issued a 

direct final rule approving the South 

Carolina emissions statement. 77 FR 

37812. The EPA indicated that the rule 

will take effect on August 24, 2012, 

unless EPA receives adverse comment 

by July 25, 2012, 77 FR 37813. In the 

event that adverse comment is received 

on the direct final rule, EPA will 

withdraw the direct final rule in order 

to address the comments and there will 

be no change to the deadlines and 

obligations contained in the proposed 

consent decree. However, in the event 

that adverse comment is not received on 

the direct final rule, the rule will take 

effect as scheduled. In the latter case, 

the EPA intends to remove from the 

proposed consent decree the obligation 

to act on the South Carolina emissions 

statement by November 30, 2012, as the 

EPA will have already satisfied that 

obligation. 

The proposed consent decree requires 

that, following signature, EPA shall 

promptly deliver the notice to the Office 

of the Federal Register for publication in 

the Federal Register and shall thereafter 

provide a copy of the notice to Plaintiff 

within ten (10) days. After EPA fulfills 

its obligations under the proposed 

consent decree, the consent decree may 

be terminated. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept 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 that consent to this consent 

decree should be withdrawn, the terms 

of the proposed consent 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–2012–0554) 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 

www.regulations.gov. You may use 

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, key in the appropriate docket 

identification number then select 

‘‘search’’. 

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 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 email 

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 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, email 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 (email) 

system is not an ‘‘anonymous access’’ 

system. If you send an email comment 

directly to the Docket without going 

through www.regulations.gov, your 

email 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 5, 2012. 

Patricia A. Embrey, 

Acting Associate General Counsel. 

[FR Doc. 2012–17026 Filed 7–11–12; 8:45 am] 

BILLING CODE 6560–50–P 


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