Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices 38519 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9170–8] 

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), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed consent 

decree, to address a lawsuit filed by 

Comite Civico Del Valle, Inc. in the 

United States District Court for the 

Northern District of California: Comite 

Civico Del Valle, Inc. v. Jackson, No. 

10–cv–00946 PJH (N.D. C.A.). On March 

5, 2010, Plaintiff filed a complaint to 

compel the U. S. Environmental 

Protection Agency (EPA or Agency) to 

take final action under section 110(k) of 

the CAA on the ‘‘Imperial County Air 

Pollution Control District Rule 420’’ 

(Imperial Rule 420), a State 

implementation plan (SIP) revision 

submitted by the State of California to 

EPA on or about August 24, 2007, which 

pertains to measures to control 

particulate matter emissions from beef 

feedlot operations within the Imperial 

Valley. Under the terms of the proposed 

consent decree, EPA has agreed to take 

final action no later than November 15, 

2010. 

DATES: Written comments on the 

proposed consent decree must be 

received by August 2, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0509, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail 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: 

Geoffrey L. Wilcox, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5601; fax number (202) 564–5603; 

e-mail address: wilcox.geoffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree 

establishes a deadline of November 15, 

2010, for the Administrator to sign a 

notice or notices, pursuant to section 

110(k)(2) of the CAA, either approving, 

disapproving, or approving in part and 

disapproving in part, Imperial Rule 420. 

In addition, the proposed consent 

decree requires that following signature 

on such notice or notices, EPA shall 

deliver such notice or notices to the 

Office of the Federal Register for 

publication. The proposed consent 

decree also provides that after EPA’s 

completion of the obligations under the 

decree, the parties will file a joint 

request to the Court to dismiss the 

litigation 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, 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–2010–0509) 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 http:// 

www.regulations.gov. You may use 

http://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 on paper, 

will be made available for public 

viewing online at http:// 

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 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, 


emcdonald on DSK2BSOYB1PROD with NOTICES
38520 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices 

EPA may not be able to consider your 

comment. 

Use of the http://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, 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 http://www.regulations.gov, 

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: June 28, 2010. 

Kevin W. McLean, 

Acting Associate General Counsel. 

[FR Doc. 2010–16173 Filed 7–1–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9170–9] 

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), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed consent 

decree, to address a lawsuit filed by 

Sandra L. Bahr, Diane E. Brown and 

David Matusow, Bahr, et al. v. Jackson, 

No. CV 09–2511–PHX–MHM (D. Ariz.). 

Plaintiffs filed a deadline suit to compel 

the Administrator to take final action 

under section 110(k)(2) of the CAA on 

the ‘‘MAG 2007 Five Percent Plan for 

PM–10 for the Maricopa County 

Nonattainment Area,’’ Maricopa 

Association of Governments, 2007 (the 

5% Plan), a State implementation plan 

(SIP) revision submitted to the U.S. 

Environmental Protection Agency (EPA 

or Agency) in December 2007 by the 

State of Arizona pursuant to section 

189(d) of the CAA. The proposed 

consent decree establishes deadlines for 

EPA action on the 5% Plan. 

DATES: Written comments on the 

proposed consent decree must be 

received by August 2, 2010 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0428, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail 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: 

Geoffrey L. Wilcox, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5601; fax number (202) 564–5603; 

e-mail address: wilcox.geoffrey@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)(2) of the 

CAA on the 5% Plan submitted by the 

State of Arizona to EPA as revisions to 

the SIP for the Maricopa County serious 

PM–10 nonattainment area as required 

by section 189(d) of the CAA. 

The proposed consent decree requires 

EPA to sign for publication in the 

Federal Register no later than 

September 3, 2010, a notice of the 

Agency’s proposed action on the 5% 

Plan pursuant to section 110(k) of the 

CAA and sign for publication in the 

Federal Register by January 28, 2011, a 

notice of the Agency’s final action on 

the 5% Plan pursuant to section 110(k). 

If EPA fulfills its obligations, Plaintiffs 

have agreed to dismiss this suit without 

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 CAA. 

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–2010–0428) 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 http:// 

www.regulations.gov. You may use the 

http://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 on paper, 

will be made available for public 

viewing online at http:// 

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. 


emcdonald on DSK2BSOYB1PROD with NOTICES