Proposed Consent Decree:
Federal Register: March 8, 2011 (Volume 76, Number 45)
Notices
Page 12731-12732
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr08mr11-74
ENVIRONMENTAL PROTECTION AGENCY
FRL-9276-9
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'' 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 New Mexico: WildEarth Guardians v. Jackson, No. 6:10-;cv-
;00877-MCA-RHS (D. NM). Plaintiff 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 New Mexico
Environment Department, Air Quality Bureau to Williams Four Corners LLC for the Sims (also spelled as ``Simms'') Mesa Central Delivery Point facility. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by April 29, 2011, or within 30 days of the entry date of this Consent Decree, whichever is later.
DATES: Written comments on the proposed consent decree must be received by April 7, 2011.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0212, 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: Melina Williams, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564-3406; fax number (202) 564-5603;
Page 12732
e-mail address: williams.melina@epa.gov.
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 New Mexico Environment
Department, Air Quality Bureau to Williams Four Corners LLC for the
Sims Mesa Central Delivery Point facility. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by
April 29, 2011, or within 30 days of the entry date of this Consent
Decree, whichever is later. The proposed consent decree further states that EPA shall expeditiously deliver notice of such action on the permit to the Office of the Federal Register for publication. In addition, the proposed consent decree states that deadline for filing a motion for costs of litigation (including attorneys' fees) is extended until 60 days after the decree is entered by the court, that the parties shall seek to resolve informally any claim for such costs during those 60 days, and that if they cannot they will submit the issue to the court for resolution. The proposed consent decree also states that, after EPA fulfills its obligations under the decree and the plaintiff's claims for costs of litigation have been resolved as provided in the decree, the case shall be 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
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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-2011-0212) 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 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.
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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: March 1, 2011.
Richard B. Ossias,
Associate General Counsel.
FR Doc. 2011-5200 Filed 3-7-11; 8:45 am
BILLING CODE 6560-50-P
