[Federal Register Volume 69, Number 199 (Friday, October 15, 2004)]
[Notices]
[Pages 61246-61248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23154]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7828-1]


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 agreement, to address consolidated lawsuits 
filed by the Sierra Club. Sierra Club v. Leavitt, Nos. 1:02CV00946, 
1:02CV00947 and 1:03CV02410 (D. D.C.). In May 2002 and November 2003, 
Sierra Club filed

[[Page 61247]]

lawsuits against EPA claiming that EPA had failed to carry out 
mandatory duties imposed by sections 112(d)(6) and 112(f)(2)(A) of the 
Act with respect to coke oven batteries and dry cleaners. Specifically, 
the complaints alleged that EPA had failed to determine within the 
deadlines established by the Act whether or not to revise technology-
based standards issued for these source categories pursuant to sections 
112(d)(8)(A) and 112(d)(2) to adopt more stringent technology-based 
standards or more stringent risk-based standards. Under the terms of 
the proposed consent decree, by March 31, 2005, EPA must make a final 
determination whether or not to amend the emission standards for coke 
oven batteries, and by April 28, 2006, EPA must make a final 
determination whether or not to amend the emission standards for dry 
cleaning facilities.

DATES: Written comments on the proposed consent decree must be received 
by November 15, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0009, online at http://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to <a href="/cdn-cgi/l/email-protection#6c0309054208030f0709182c091c0d420b031a"><span class="__cf_email__" data-cfemail="d5bab0bcfbb1bab6beb0a195b0a5b4fbb2baa3">[email protected]</span></a>; 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: Steven Silverman, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
telephone: (202) 564-5523.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree addresses lawsuits alleging that EPA 
failed to carry out its mandatory duties under section 112(d)(6) and 
112(f)(2) to determine whether or not to revise the so-called MACT 
(``maximum achievable control technology'') standards for coke oven 
batteries and for dry cleaners by the deadlines established by the Act. 
Section 112(d)(6) requires that EPA periodically review and revise as 
necessary, taking into account developments in practices, processes, 
and control technologies, MACT standards issued pursuant to section 
112(d). Section 112(f)(2) requires that EPA evaluate on a prescribed 
schedule whether risks to human health or the environment remaining 
after promulgation of a MACT standard warrant revision of that 
standard.
    Under the proposed consent decree EPA will conduct a rulemaking to 
review, and to revise as necessary the existing emission standards for 
coke oven batteries. (These are MACT standards established pursuant to 
section 112(d)(8)(A) of the Act.) The rulemaking will address 
determinations under both section 112(d)(6) and 112(f)(2). No later 
than March 31, 2005, EPA shall sign a final rule revising the emission 
standards for coke oven batteries or make a final determination that 
such standards are not required. (EPA has in fact proposed to amend the 
MACT standards for coke oven batteries and now is accepting comment on 
that proposal. See 69 FR 48337 (August 9, 2004.))
    The proposed consent decree also requires that EPA will conduct a 
rulemaking to review, and to revise as necessary the existing emission 
standards for dry cleaning facilities. (These are MACT standards issued 
pursuant to section 112(d)(2) of the Act.) The rulemaking will address 
determinations under both section 112(d)(6) and 112(f)(2). No later 
than April 28, 2006, EPA shall sign a final rule revising emission 
standards for dry cleaning facilities or make a final determination 
that such standards are not required.
    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 
interveners 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 determine, 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?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2004-0009 which contains a copy of the 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 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 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ 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 in EPA's electronic public docket as EPA receives 
them and 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 EPA's 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

[[Page 61248]]

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.
    Your use of EPA's electronic public docket 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 EPA's 
electronic public docket, 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: October 1, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 04-23154 Filed 10-14-04; 8:45 am]
BILLING CODE 6560-50-P


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