80 FR 14999 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 54 (March 20, 2015)

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: Sierra Club v. McCarthy, No. 4:14-cv-00643-JLH (E.D. AK). In 2012, the Environmental Protection Agency (EPA) issued a rule partially disapproving a revision to a state implementation plan (SIP) submitted by Arkansas to address the requirements of the regional haze program. EPA also at the same time partially disapproved that portion of the Arkansas SIP submittal addressing the interstate transport visibility requirements associated with the promulgation of the 1997 national ambient air quality standards (NAAQS) for ozone and fine particulate matter (PM<INF>2.5</INF>). In its lawsuit, Sierra Club alleged that EPA has failed to meet the requirement of the Clean Air Act that the Agency promulgate a federal implementation plan (FIP) within two years of partially disapproving a SIP, in whole or in part. The proposed consent decree establishes proposed and final deadlines for EPA to take action to meet its obligations with respect to Arkansas.

[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 14999-15001]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06508]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9924-35-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: Sierra Club 
v. McCarthy, No. 4:14-cv-00643-JLH (E.D. AK). In 2012, the 
Environmental Protection Agency (EPA) issued a rule partially 
disapproving a revision to a state implementation plan (SIP) submitted 
by Arkansas to address the requirements of the regional haze program. 
EPA also at the same time partially disapproved that portion of the 
Arkansas SIP submittal addressing the interstate transport visibility 
requirements associated with the promulgation of the 1997 national 
ambient air quality standards (NAAQS) for ozone and fine particulate 
matter (PM2.5). In its lawsuit, Sierra Club alleged that EPA 
has failed to meet the

[[Page 15000]]

requirement of the Clean Air Act that the Agency promulgate a federal 
implementation plan (FIP) within two years of partially disapproving a 
SIP, in whole or in part. The proposed consent decree establishes 
proposed and final deadlines for EPA to take action to meet its 
obligations with respect to Arkansas.

DATES: Written comments on the proposed consent decree must be received 
by April 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0162, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; 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: M. Lea Anderson, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5571; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    On October 17, 2011, EPA proposed to partially approve and to 
partially disapprove a revision to the Arkansas SIP intended to address 
the regional haze requirements of the Clean Air Act. 76 F R 64186. In 
that same action, EPA also proposed to partially disapprove the portion 
of the Arkansas' interstate transport SIP submittal addressing the 
visibility requirement of section 110(a)(2)(D)(i)(II) of the Clean Air 
Act for the 1997 ozone NAAQS and the 1997 PM2.5 NAAQS. On 
March 12, 2012, EPA finalized its partial approval and disapproval of 
the Arkansas Regional Haze and Interstate Transport SIP submittals. 77 
F R 14604. When EPA disapproves a SIP submission in whole or in part, 
section 110(c) of the Act requires EPA to promulgate a FIP within two 
years unless the State corrects the deficiency and EPA approves the 
plan revision. Sierra Club filed a complaint in the United States 
District Court for the Northern District of California in August 2014 
alleging that EPA had failed to promulgate a FIP for Arkansas as 
required by the Clean Air Act. That case was transferred to the United 
State District Court for the Eastern District of Arkansas in October 
2014.
    The proposed consent decree would resolve the lawsuit filed by the 
Sierra Club by establishing that EPA must take proposed action by March 
16, 2015 and final action by December 15, 2015 to address the 
deficiencies in the Arkansas SIP that were identified by EPA in its 
March 12, 2012 action. See the proposed consent decree for the specific 
details.
    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

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-2015-0162) 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 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 
(e-mail)

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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: March 12, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-06508 Filed 3-19-15; 8:45 am]
 BILLING CODE 6560-50-P