Proposed Consent Decree, Clean Air Act Citizen Suit
Notice Of Proposed Consent Decree; Request For Public Comment.
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 American Bottom Conservancy in the United States District Court for the Southern District of Illinois: American Bottom Conservancy v. Jackson, No. 3:12-cv-00296-GPM-SCW (S.D. IL). On August 16, 2011, 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 Illinois Environmental Protection Agency for U.S. Steel Corporation's Granite City Works facility. Under the terms of the proposed consent decree, EPA would agree to respond to the petition by December 3, 2012, or within 30 days of the entry date of this Consent Decree, whichever is later.
Table of Contents Back to Top
- FOR FURTHER INFORMATION CONTACT:
- SUPPLEMENTARY INFORMATION:
- I. Additional Information About the Proposed Consent Decree
- II. Additional Information About Commenting on the Proposed Consent Decree
- A. How can I get a copy of the consent decree?
- B. How and to whom do I submit comments?
DATES: Back to Top
Written comments on the proposed consent decree must be received September 14, 2012.
ADDRESSES: Back to Top
Submit your comments, identified by Docket ID number EPA-HQ-OGC-2012-0577, online at www.regulations.gov (EPA's preferred method); by email to email@example.com; 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: Back to Top
Kaytrue Ting, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-6380; fax number (202) 564-5603; email address: firstname.lastname@example.org.
SUPPLEMENTARY INFORMATION: Back to Top
I. Additional Information About the Proposed Consent Decree Back to Top
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 Illinois Environmental Protection Agency for U.S. Steel Corporation's Granite City Works facility. Under the terms of the proposed consent decree, EPA would agree to respond to the petition by December 3, 2012, or within 30 days of the entry date of this Consent Decree, whichever is later. In addition, the proposed consent decree further states that following signature, EPA shall promptly deliver notice of such action to the Office of the Federal Register for prompt publication and, if EPA's response contains an objection in whole or in part, transmit the signed response to the Illinois Environmental Protection Agency. In addition, under the proposed consent decree, EPA would agree to pay a specified amount to settle all claims for attorneys' fees, costs and expenses in the lawsuit. The proposed consent decree also states that after EPA fulfills its obligations under 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 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 decree will be affirmed.
II. Additional Information About Commenting on the Proposed Consent Decree Back to Top
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-2012-0577) 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 on 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 (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: August 7, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-19963 Filed 8-14-12; 8:45 am]
BILLING CODE 6560-50-P