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[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Notices]
[Pages 46985-46987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19349]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9931-98-OGC]

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 the ``Act''), notice is hereby given of a proposed 
consent decree to address a lawsuit filed by Center for Biological 
Diversity and Center for Environmental Health (collectively 
``Plaintiffs''): Center for Biological Diversity, et al. v. EPA, No. 
3:14-cv-05138-WHO (N.D. CA). In this lawsuit, Plaintiffs allege that 
EPA has failed to find that Iowa and Puerto Rico failed to

[[Page 46986]]

submit nonattainment state implementation plans (``SIPs'') for the 
Pottawattamie and Arecibo areas designated nonattainment for the 2008 
lead National Ambient Air Quality Standard (``NAAQS''). They also 
allege that EPA has failed to take final action to approve or 
disapprove, in whole or in part, certain 2008 lead NAAQS nonattainment 
SIP submissions from Florida (Tampa/Hillsborough area), Minnesota 
(Eagan area), Texas (Frisco area), Indiana (Muncie area), and Ohio 
(Cleveland and Delta areas). In addition, Plaintiffs allege that EPA 
has failed to take final action to approve or disapprove, in whole or 
in part, North Carolina's infrastructure SIP submission addressing the 
requirements for the 2008 lead NAAQS. The proposed consent decree would 
establish deadlines for EPA to take final actions for meeting these 
obligations.

DATES: Written comments on the proposed consent decree must be received 
by September 8, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0536, 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: Jonathan Skinner-Thompson, Air and 
Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone: (202) 564-0291; email address: 
Skinner-Thompson.Jonathan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Plaintiffs seeking to compel the Administrator to take actions under 
CAA section 110(k) regarding several SIP submissions for the 2008 lead 
NAAQS.
    The proposed consent decree addresses the Plaintiffs' allegation 
that EPA has failed to perform a duty mandated by CAA section 
110(k)(1)(B), 42 U.S.C. 7410(k)(1)(B), to find that Iowa and Puerto 
Rico failed to submit nonattainment SIPs for the Pottawattamie and 
Arecibo areas designated nonattainment for the 2008 lead NAAQS. After 
the complaint was filed, EPA received nonattainment SIP submissions 
from Iowa and Puerto Rico addressing the requirements of CAA section 
110(a)(2)(I) for the designated areas and EPA determined that the 
submissions were administratively complete. Accordingly, Plaintiffs 
would agree that this allegation is now moot.
    The proposed consent decree also addresses the allegation that EPA 
failed to perform a duty mandated by CAA section 110(k)(2)-(4), 42 
U.S.C. 7410(k)(2)-(4), to take final action to approve or disapprove, 
in whole or in part, certain 2008 lead NAAQS nonattainment SIP 
submissions from Florida (Tampa/Hillsborough area), Minnesota (Eagan 
area), Texas (Frisco area), Indiana (Muncie area), and Ohio (Cleveland 
and Delta areas) addressing the requirements of 42 U.S.C. 
7410(a)(2)(I). Based on several factors, Plaintiffs would agree to 
withdraw their claim with respect to the Frisco area and would agree 
that the allegation with respect to the Tampa/Hillsborough area is now 
moot. Additionally, the proposed consent decree addresses Plaintiffs' 
allegation that EPA failed to perform a duty mandated by CAA section 
110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final action to 
approve or disapprove, in whole or in part, North Carolina's 
infrastructure SIP submission addressing the requirements of 42 U.S.C. 
7410(a)(2) for the 2008 lead NAAQS. The proposed consent decree 
establishes deadlines for EPA final actions to meet these obligations. 
See the proposed consent decree for further details.
    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 determines that consent to this 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-2015-0536) 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, information that is claimed 
as confidential business information (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

[[Page 46987]]

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 29, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-19349 Filed 8-5-15; 8:45 am]
BILLING CODE 6560-50-P
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