[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Page 2260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00360]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9769-3]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; extension of public comment 
period.

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SUMMARY: On December 7, 2012, in accordance with section 113(g) of the 
Clean Air Act, as amended (``CAA'' or the ``Act''), the EPA published a 
notice in the Federal Register 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. Jackson, No. 1:08-cv-00424 RWR 
(D. DC). Sierra Club filed a complaint alleging that the EPA failed to 
meet its obligations under section 112(e)(1)(E) of the CAA to 
promulgate emission standards for hazardous air pollutant emissions 
from brick and structural clay products manufacturing facilities and 
clay ceramics manufacturing facilities located at major sources by 
November 15, 2000. The proposed consent decree establishes deadlines 
for the EPA's proposed and final actions for meeting these obligations. 
This notice extends the comment period on the proposed consent decree 
until January 14, 2013.

DATES: Written comments on the proposed consent decree must be received 
by January 14, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0905, 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: Scott Jordan, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-7508; fax number (202) 564-5603; email address: 
jordan.scott@epa.gov.

SUPPLEMENTARY INFORMATION: 

Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by Sierra 
Club seeking to compel EPA to promulgate emission standards for 
hazardous air pollutant emissions from brick and structural clay 
products manufacturing facilities and clay ceramics manufacturing 
facilities located at major sources under section 112(e)(1)(E) of the 
CAA. Under the proposed consent decree, EPA shall no later than August 
30, 2013, sign a notice of proposed rulemaking to set national emission 
standards for hazardous air pollutants (``NESHAP'') pursuant to section 
112(d) of the CAA, 42 U.S.C. 7412(d), for brick and structural clay 
products manufacturing facilities and clay ceramics manufacturing 
facilities located at major sources. In addition, under the proposed 
consent decree, EPA shall no later than July 31, 2014, sign a notice of 
final rulemaking to set NESHAP for the source categories covered by the 
proposed rule.
    The proposed consent decree further requires that, within 10 
business days of signing a proposed or final rule, EPA shall deliver a 
notice of such action to the Office of the Federal Register for 
publication and that once EPA fulfills its obligations under the decree 
it may move to have the decree terminated.
    On December 7, 2012, the EPA published a notice of the above-
described proposed consent decree and invited written comments on the 
proposed decree from persons who were not named as parties or 
intervenors to the litigation in question. 77 FR 73029. This notice 
extends the public comment period on the proposed consent decree until 
January 14, 2013.
    Please see the notice published at 77 FR 73029 (Dec. 7, 2012) for 
information on how to obtain a copy of the proposed consent decree and 
how, and to whom, to submit comments concerning the proposed decree.

    Dated: January 1, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-00360 Filed 1-9-13; 8:45 am]
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