Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register, Volume 79 Issue 32 (Tuesday, February 18, 2014)

Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)

Notices

Pages 9204-9205

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-03427

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ENVIRONMENTAL PROTECTION AGENCY

FRL-9906-90-OGC

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'' or the ``Act''), 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. McCarthy, Civil Action No. 1:13-cv-00385 (BAH) (D.D.C.). On March 25, 2013, Plaintiff filed a complaint, and on June 7, 2013 filed an amended complaint, alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to: (a) Take timely final action to approve, disapprove, or partially approve/disapprove a State Implementation Plan (``SIP'') submission made by Georgia on July 20, 2010 addressing Georgia Rule for Air Quality 391-3-1-.02(uuu) and (b) take action, within 60 days after they were filed, granting or denying several petitions submitted by Sierra Club requesting that EPA object to CAA Title V permits issued by the Georgia Environmental Protection Division for Georgia Power Company's Scherer Steam-Electric Generating Plant, Hammond Steam-Electric Generating Plant, Wansley Steam-Electric Generating Plant, Kraft Steam-Electric Generating Plant, and McIntosh Steam-Electric Generating Plant. The proposed consent decree would establish deadlines for EPA to take such actions.

DATES: Written comments on the proposed consent decree must be received by March 20, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-

OGC-2014-0150, 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: Karen Bennett Bianco, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-3298; fax number: (202) 564-

5603; email address: bennett.karen@epa.gov.

SUPPLEMENTARY INFORMATION:

1. Additional Information About the Proposed Consent Decree

   The proposed consent decree would resolve a lawsuit filed by Sierra Club seeking to compel the Administrator to take actions under CAA sections 110(k)(2), (3) and 505(b)(2). Under the terms of the proposed consent decree, EPA would agree to sign a notice of final rulemaking to approve, disapprove, or approve in part and disapprove in part Georgia's July 20, 2010 SIP Submittal addressing Georgia Rule for Air Quality 391-3-1-.02(uuu) (``GA SIP'') no later than November 16, 2016, unless Georgia withdraws its July 20, 2010 SIP submittal. The proposed consent decree also states that no later than April 14, 2014, EPA shall sign its response granting or denying the Sierra Club petitions regarding Georgia Power Company's Scherer Steam-Electric Generating Plant, Permit No. 4911-207-0008-V-03-0, Hammond Steam-Electric Generating Plant, Permit No. 4911-115-0003-V-03-0, Wansley Steam-

   Electric Generating Plan, Permit No. 4911-149-0001-V-03-0, Kraft Steam-

   Generating Plant, Permit No. 4911-051-0006-V-03-0, and McIntosh Steam-

   Electric Generating Plant, Permit No. 4911-103-0003-V-03-0, pursuant to section 505(b)(2) of the CAA.

   Under the terms of the proposed consent decree, EPA will deliver notice of each action to the Office of the Federal Register for review and publication within 15 business days of signature. In addition, the proposed consent decree outlines the procedure for the Plaintiff to request costs of litigation, including attorney fees.

   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 are 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.

2. Additional Information About Commenting on the Proposed Consent Decree

   1. 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-2014-0150) 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 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,

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      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.

   2. 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: February 7, 2014.

      Lorie J. Schmidt,

      Associate General Counsel.

      FR Doc. 2014-03427 Filed 2-14-14; 8:45 am

      BILLING CODE 6560-50-P