Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices 46757 

Washington, DC 20460; telephone: (202) 

564–5591; fax number (202) 564–5603; 

email address: sagoff.kendra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit seeking to compel 

action by the Administrator to take final 

action under section 110(k) of the CAA 

on the Utah SIP submission. The 

proposed consent decree requires EPA 

to sign for publication in the Federal 

Register no later than February 14, 

2013, a final action in which it either 

approves in whole, approves in part and 

disapproves in part, or disapproves in 

whole, the State of Utah’s proposed SIP 

revision for maintenance of the 1997 

eight-hour National Ambient Air 

Quality Standard for ozone in Salt Lake 

and Davis Counties, which Utah 

submitted to EPA on March 22, 2007. 

The proposed consent decree requires 

that, following signature, EPA shall 

promptly deliver the notice to the Office 

of the Federal Register for review and 

publication in the Federal Register. 

After EPA fulfills its obligations under 

the proposed consent decree, the 

consent decree shall be terminated and 

the case dismissed with prejudice. 

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decree should be withdrawn, the terms 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 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–2012–0569) 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 27, 2012. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2012–19130 Filed 8–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9711–5] 

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 section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’), 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. 11–2180–RBW (D. DC). 

Plaintiff filed a complaint alleging that 

EPA failed to take action on certain state 

implementation plan (‘‘SIP’’) 

submissions for the States of 

Massachusetts, Connecticut, New Jersey, 

New York, Pennsylvania, Maryland and 

Delaware by the statutory deadline 

established by CAA section 110(k)(2), 

7410(k)(2). The proposed consent decree 

establishes deadlines for EPA to take 

action on the SIP submittals. 

DATES: Written comments on the 

proposed consent decree must be 

received by September 5, 2012. 

mstockstill on DSK4VPTVN1PROD with NOTICES

46758 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2012–0595, online at www.

regulations.gov (EPA’s preferred 

method); by email 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: 

David Orlin, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–1222; fax number (202) 564–5601; 

email address: orlin.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit filed by the Sierra Club 

seeking to compel the Administrator to 

take final action under sections 

110(k)(3) and (4) of the CAA, 42 U.S.C. 

7410(k)(3) and (4), to approve or 

disapprove, in whole or in part, 

numerous SIP submittals in the States of 

Massachusetts, Connecticut, New Jersey, 

New York, Pennsylvania, Maryland and 

Delaware which are identified in 

Attachment A to the proposed consent 

decree. 

The proposed consent decree 

provides various dates by which EPA 

shall sign one or more final rules to 

approve or disapprove, in whole or in 

part, pursuant to CAA section 110(k)(3) 

and (4), each SIP submission (or portion 

thereof on which EPA has not yet taken 

final action) identified in Attachment A; 

except that the consent decree does not 

require EPA to act on a submission or 

portion thereof that is withdrawn prior 

to the applicable deadline. 

Within 15 business days following 

signature of each final rule described in 

the proposed consent decree, EPA is 

required to send the notice to the Office 

of the Federal Register for review and 

publication in the Federal Register. 

After EPA fulfills its obligations under 

the consent decree, the consent decree 

provides that this case shall be 

dismissed with prejudice. 

The proposed consent decree also 

states that that the consent decree can 

be modified by the parties, or by the 

court following a motion by a party and 

a response thereto. In addition, the 

parties agree to seek to resolve 

informally Sierra Club’s claim for 

litigation costs pursuant to 42 U.S.C. 

7604(d), but the court would retain 

jurisdiction to resolve that claim. 

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, based on any comment 

submitted, 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–2012–0595) contains a 

copy of the proposed consent decree 

(including Attachment A). 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 the 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices 46759 

that is placed in the official public 

docket, and made available in EPA’s 

electronic public docket. 

Dated: July 27, 2012. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2012–19128 Filed 8–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9711–3] 

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 section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’ or the ‘‘Act’’), 7413(g), notice is 

hereby given of a proposed consent 

decree to address a lawsuit filed by 

National Parks Conservation 

Association, Montana Environmental 

Information Center, Grand Canyon 

Trust, San Juan Citizens Alliance, Our 

Children’s Earth Foundation, Plains 

Justice, Powder River Basin Resource 

Council, Sierra Club, and 

Environmental Defense Fund 

(collectively ‘‘Plaintiffs’’) in the United 

States District Court for the District of 

Columbia: National Parks Conservation 

Association, et al. v. Jackson, No. 1:11– 

cv–1548 (D.D.C.). Plaintiffs filed a 

complaint alleging that EPA failed to 

promulgate regional haze federal 

implementation plans (FIPs) or approve 

regional haze state implementation 

plans (SIPs) for various states, including 

Florida, as required by section 110(c) of 

the CAA. The complaint further alleged 

that EPA had also failed to act on ten 

regional haze SIP submissions, as 

required by section 110(k) of the CAA. 

On March 30, 2012, the Court entered a 

partial consent decree resolving all 

claims asserted by Plaintiffs, except 

those with respect to Florida. The 

proposed consent decree establishes 

proposed and final promulgation 

deadlines for EPA to meet its obligations 

with respect to Florida to resolve 

Plaintiffs’ remaining claims. 

DATES: Written comments on the 

proposed consent decree must be 

received by September 5, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2012–0617, 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: Lea 

Anderson, Air and Radiation Law Office 

(2344A), Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone: (202) 564–5571; 

fax number (202) 564–5603; email 

address: anderson.lea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

Under section 110(c) of the CAA, EPA 

has a mandatory duty to promulgate a 

federal implementation plan (‘‘FIP’’) 

within two years of a finding that a state 

has failed to make a required state 

implementation plan (‘‘SIP’’) submittal. 

EPA is not required to promulgate a FIP, 

however, if the state submits the 

required SIP and EPA approves the plan 

within the two years of EPA’s finding. 

On January 15, 2009, EPA found that 37 

states, the District of Columbia, and the 

U.S. Virgin Islands had failed to submit 

CAA SIPs for improving visibility in 

mandatory Federal Class I areas. 74 FR 

2392. Plaintiffs filed a complaint in 

2011 pursuant to CAA section 304(a)(2), 

42 U.S.C. 7604(a)(2), alleging, inter alia, 

failure by the Administrator to 

promulgate regional haze FIPs or 

approve regional haze SIPs for 34 states 

within two years of its January 15, 2009 

finding, as required by section 110(c) of 

the CAA. 

EPA published notice of a proposed 

consent decree to resolve the deadline 

suit filed by Plaintiffs, requesting 

comment in accordance with section 

113(g) of the CAA. 76 FR 75544 (Dec. 2, 

2011). Following its review of the 

comments, EPA concluded that it would 

be inappropriate to move forward with 

the consent decree as it applied to 

Florida, and EPA withdrew its consent 

to the provisions of the consent decree 

establishing deadlines for action with 

respect to Florida. As a result, in March 

2012, the Court entered a partial consent 

decree resolving all Plaintiffs’ claims, 

except those with respect to Florida. 

EPA is requesting comment today on a 

new proposed consent that addresses 

the Agency’s failure to promulgate a 

regional haze FIP or approve a regional 

haze SIP for Florida within two years of 

its finding that Florida had failed to 

submit a plan by the December 17, 2007 

deadline. 

The proposed consent decree would 

resolve the remaining claims by 

Plaintiffs in National Parks 

Conservation Association, et al. v. 

Jackson, No. 1:11–cv–1548 (D.D.C.). 

EPA recently proposed action on certain 

revisions to the Florida SIP addressing 

regional haze. 77 FR 31240 (May 25, 

2012). The proposed consent decree 

requires EPA to sign for publication in 

the Federal Register by November 15, 

2012, a notice(s) of final rulemaking 

taking action on the matters addressed 

in the May 25, 2012 notice of proposed 

rulemaking. The proposed consent 

decree also establishes proposed and 

final promulgation deadlines of 

December 3, 2012, and July 13, 2013, 

respectively, for EPA to approve a SIP 

or promulgate a FIP that will meet all 

remaining regional haze requirements 

for Florida. The proposed consent 

decree further requires that within ten 

business days of signing a proposed or 

final rulemaking, EPA will deliver the 

notice to the Office of the Federal 

Register and will provide a copy of the 

notice to Plaintiffs within five business 

days. After EPA fulfills its obligations 

under the proposed consent decree, EPA 

may move to have this decree 

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–2012–0617) contains a 

copy of the proposed consent decree. 

mstockstill on DSK4VPTVN1PROD with NOTICES