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

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determines that consent to this consent decree should be withdrawn, the terms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.


### 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


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

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.