Proposed Consent Decrees:

Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)

Notices

Pages 56757-56758

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

FR Doc No: 2011-23549

ENVIRONMENTAL PROTECTION AGENCY

FRL-9463-4

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 resolve a lawsuit filed by the Sierra Club

(``Plaintiff'') in the United States District Court for the District of

Columbia: Sierra Club v. Jackson, No. 1; 11-cv-00636 (D.D.C.).

Plaintiff's filed a deadline suit to compel the Administrator to respond to an administrative petition seeking EPA's objection to a proposed CAA Title V operating renewal permit to be issued by the

Indiana Department of Environmental Management to the Edwardsport

Generating Station in Knox County, Indiana. Under the proposed consent decree, EPA would agree to respond to the petition by September 30, 2011, or within 20 business days after entry of the consent decree by the Court, whichever is later.

DATES: Written comments on the proposed consent decree must be received by October 14, 2011.

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

OGC-2011-0763, 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: Byron Brown, Office of General Counsel

(Mail Code 2344A), U.S. Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564- 8312; fax number (202) 564-5603; e-mail address: brown.byron@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 proposed CAA Title V renewal permit to be issued by the

Indiana Department of Environmental Management to the Edwardsport

Generating Station in Knox County, Indiana. Under the proposed consent decree, EPA would agree to respond to the petition by September 30, 2011, or within 20 business days after entry of the consent decree by the Court, whichever is later, and pay specified attorneys fees to the

Plaintiffs. The Court would then dismiss the case with prejudice once

EPA has fulfilled these obligations under the consent decree.

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

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-2011-0763) 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, select ``search,'' then key in the appropriate docket identification number.

   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

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   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 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: September 8, 2011.

   Kevin McLean,

   Acting Associate General Counsel.

   FR Doc. 2011-23549 Filed 9-13-11; 8:45 am

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