```

[Federal Register: November 4, 2010 (Volume 75, Number 213)]
[Notices]               
[Page 67967-67968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no10-33]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9221-3]

 
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''), 42 U.S.C. 7413(g), notice is hereby 
given of a proposed consent decree to address a lawsuit filed by 
WildEarth Guardians in the United States District Court for the 
District of Colorado: WildEarth Guardians v. Jackson, No. 10-cv-01218-
REB-BNB (D. CO.). On May 26, 2010, Plaintiff filed a complaint alleging 
that EPA failed to perform a mandatory duty under section 110(k)(2) of 
the CAA, 42 U.S.C. 7410(k)(2) to take action on two State 
Implementation Plan (``SIP'') submissions from the State of Utah with 
the time frame required. The proposed consent decree establishes 
deadlines for EPA to take action.

DATES: Written comments on the proposed consent decree must be received 
by December 6, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0901, online at http://www.regulations.gov (EPA's preferred 
method); by e-mail 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: Sara Laumann, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (303) 312-6443; fax number (202) 564-5603; e-mail address: 
laumann.sara@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 submissions. The proposed consent 
decree requires EPA to sign for publication in the Federal Register no 
later than December 1, 2011, 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 request to re-designate Salt Lake and Utah 
Counties and Ogden City to attainment for the National Ambient Air 
Quality Standard (``NAAQS'') for particulate matter having an 
aerodynamic diameter of a nominal 10 micrometers (``PM-10''), along 
with Utah's maintenance plan for Salt Lake and Utah Counties and Ogden 
City for the PM-10 NAAQS, that Utah submitted to EPA on September 2, 
2005, and which EPA previously proposed to disapprove in whole on 
December 1, 2009.
    The proposed consent decree also requires EPA to sign for 
publication in the Federal Register no later than April 30, 2012, a 
notice of proposed action in which it proposes either to approve in 
whole, approve in part and disapprove in part, or disapprove in whole, 
the State of Utah's Regional Haze SIP submission that Utah submitted to 
EPA on September 9, 2008. In addition, the proposed consent decree 
requires EPA to sign for publication in the Federal Register no later 
than October 31, 2012, 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 Regional Haze SIP submission that Utah 
submitted to EPA on September 9, 2008.
    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

[[Page 67968]]

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-2010-0901) 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 in 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, 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: October 28, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-27884 Filed 11-3-10; 8:45 am]
BILLING CODE 6560-50-P
```