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[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 66978-66979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27320]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9750-5]

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''), notice is hereby given of a proposed consent decree 
to resolve a lawsuit filed by the Environmental Integrity Project, 
Sierra Club, and Texas Campaign for the Environment (collectively, 
``Plaintiffs'') in the United States District Court for the District of 
Columbia: Environmental Integrity Project, et al., v. Jackson, No. 
1:12-cv-00867-RMC (D. D.C.). Plaintiffs filed a deadline suit to compel 
the Administrator to respond to an administrative petition seeking 
EPA's objection to a CAA Title V operating permit issued by the Texas 
Commission on Environmental Quality to the Luminant Generation Company 
to operate the Sandow 5 Generating Plant, a power plant located in 
Milam County, Texas. Under the proposed consent decree, EPA would agree 
to respond to the petition by January 15, 2013.

DATES: Written comments on the proposed consent decree must be received 
by December 10, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0847 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: David Coursen, Office of General 
Counsel (Mail Code 2344A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-0781; 
fax number (202) 564-5603; email address: coursen.david@epa.gov.

[[Page 66979]]

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit alleging that 
the Administrator failed to perform a nondiscretionary duty to grant or 
deny, within 60 days of submission, an administrative petition to 
object to a CAA Title V permit issued by the Texas Commission on 
Environmental Quality to the Luminant Generation Company to operate the 
Sandow 5 Generating Plant, a power plant located in Milam County, 
Texas. Under the proposed consent decree, EPA would agree to respond to 
the petition by January 15, 2013. In addition, the proposed consent 
decree further states that following signature, EPA shall expeditiously 
deliver notice of such action to the Office of the Federal Register for 
publication and, if EPA's response includes the granting of any portion 
of the petition in whole or in part, EPA shall promptly transmit the 
response to the Texas Commission on Environmental Quality. Plaintiffs 
and EPA agree that this Consent Decree shall constitute a complete and 
final settlement of all claims that Plaintiffs have asserted against 
the United States, including EPA, under any provision of law in 
connection with Environmental Integrity Project, et al. v. Jackson, 
Case No. 12-cv-00867 (D.D.C.), except as provided in Paragraph 4 of the 
proposed Consent Decree, addressing any claim for costs of litigation.
    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 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-2012-0847) 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 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 that is placed in the official public 
docket, and made available in EPA's electronic public docket.

Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-27320 Filed 11-7-12; 8:45 am]
BILLING CODE 6560-50-P
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