[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Pages 38060-38061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15603]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9693-1]


Proposed Consent Decree

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 (``Act''), notice is hereby given of a proposed consent decree 
to resolve two lawsuits filed by various parties and consolidated in 
the United States District Court for the District of Columbia. 
Plaintiffs filed the lawsuits under the Act alleging that EPA has 
violated a nondiscretionary duty under the Clean Air Act, to complete a 
five-year review of the national ambient air quality standards 
(``NAAQS'') for particulate matter. Under the terms of the proposed 
consent decree, EPA agrees that no later than December 14, 2012, EPA 
shall sign a notice of final rulemaking setting forth its final 
decision concerning its review of the NAAQS for particulate matter and 
promulgating such revisions to the NAAQS and/or promulgating such new 
NAAQS as may be appropriate.

DATES: Written comments on the proposed settlement agreement must be 
received by July 26, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0474, 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: Steven Silverman, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5523; fax number (202) 564-5603; email address: 
silverman.steven@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would potentially resolve lawsuits 
consolidated in the United States District Court for the District of 
Columbia that were filed by the following plaintiffs: American Lung 
Association and National Parks Conservation Association (Civil Action 
No. 1:12-cv-00243-RLW), and the State of New York, et al. (Civil Action 
No. 1:12-cv-00531-RLW). Plaintiffs filed the lawsuits under the Act 
alleging that EPA has violated a nondiscretionary duty under the Clean 
Air Act, 42 U.S.C. 7409(d)(1), to complete a five-year review of the 
NAAQS for particulate matter. Under the terms of the proposed consent 
decree, EPA agrees that no later than December 14, 2012, EPA shall sign 
a notice of final rulemaking setting forth its final decision pursuant 
to 42 U.S.C. 7409(d)(1) concerning its review of the NAAQS for 
particulate matter and promulgating such revisions to the NAAQS and/or 
promulgating such new NAAQS as may be appropriate in accordance with 42 
U.S.C. 7408 and 7409(b); that EPA shall seek expedited publication in 
the Federal Register of the notice of final rulemaking; and shall 
establish the effective date of the final decision such that any final 
rule shall become effective, barring intervening congressional or 
judicial action, on the earliest date that complies with the 
Congressional Review Act, 5 U.S.C. 801 et seq.
    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, based on any comment submitted, that consent to 
this decree should be withdrawn, the terms of the consent decree will 
be affirmed.

II. Additional Information About Commenting on the Proposed Consent 
Decree

A. How can I get a copy of the proposed consent decree?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2012-0474) 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 the 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.

[[Page 38061]]

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: June 19, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-15603 Filed 6-25-12; 8:45 am]
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