[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Pages 42493-42494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17627]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9699-9]


Proposed Consent Decree Relating to the New Source Performance 
Standards for Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with of the Clean Air Act, as amended (``Act''), 
notice is hereby given of a proposed consent decree to settle an action 
in the United States District Court for the Southern District of New 
York (Environmental Defense Fund v. Jackson, Case No. 11 Civ. 04492 
(KBF) ECF Case) alleging that EPA failed to perform its obligations 
under the Act as they relate to the new source performance standards 
(``NSPS'') for municipal solid waste landfills (``MSW Landfills''). The 
Act requires EPA to review, and if appropriate, revise NSPS not later 
than 8 years after their promulgation unless EPA determines that such 
review is not appropriate in light of readily available information on 
the efficacy of the standard. Under the terms of the proposed consent 
decree, EPA agrees that: (1) By May 1, 2013, EPA shall: (i) Perform an 
appropriate review and sign for publication one or a combination of the 
following: (A) a proposed rule containing revisions to the MSW 
Landfills NSPS; or (B) a proposed determination not to revise the MSW 
Landfills NSPS; or (ii) sign for publication a determination that 
review is not appropriate; and, (2) if EPA signs a proposed rule or a 
proposed determination, then no later than May 1, 2014, sign one or a 
combination of the following: (i) A final rule containing revisions to 
the MSW Landfills NSPS, based on appropriate review; or, (ii) a final 
determination not to revise the MSW Landfills NSPS, based on an 
appropriate review.

DATES: Written comments on the proposed consent decree must be received 
by August 20, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0490, 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

[[Page 42494]]

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: Richard H. Vetter, Air and Radiation 
Law Office, Office of General Counsel, U.S. Environmental Protection 
Agency, at Office of Air Quality Planning and Standards, Sector 
Policies and Program Division (D205-01) 109 T.W. Alexander Drive, 
Research Triangle Park, NC 27711; telephone: (919) 541-2127; fax number 
(919) 541-4991; email address: vetter.rick@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    This proposed consent decree would potentially resolve a law suit 
filed in the U.S. District Court for the Southern District of New York 
by the Environmental Defense Fund EDF). EDF alleges that EPA failed to 
perform its obligations under section 111(b)(1)(B) of the Act, 42 
U.S.C. 7411(b)(1)(B), as they relate to the new source performance 
standards (``NSPS'') for municipal solid waste landfills (``MSW 
Landfills''), 40 CFR part 60, subpart WWW (40 CFR 60.750--60.759). 
Section 111(b)(1)(B) of the Act requires EPA to review, and if 
appropriate, revise NSPS not later than 8 years after their 
promulgation unless EPA determines that such review is not appropriate 
in light of readily available information on the efficacy of the 
standard. Under the terms of the proposed consent decree, EPA agrees 
that: (1) By May 1, 2013, EPA shall: (i) Perform an appropriate review 
and sign for publication one or a combination of the following: (A) a 
proposed rule containing revisions to NSPS Subpart WWW; or (B) a 
proposed determination not to revise NSPS Subpart WWW; or (ii) sign for 
publication a determination that review is not appropriate; and, (2) if 
EPA signs a proposed rule or a proposed determination, then no later 
than May 1, 2014, sign one or a combination of the following: (i) A 
final rule containing revisions to NSPS Subpart WWW, based on 
appropriate review; or, (ii) a final determination not to revise 
Subpart WWW, based on an appropriate review.
    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 proposed consent decree should be withdrawn, the terms of the 
consent decree will be affirmed and the consent decree will be 
submitted for entry by the court.

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-2012-0490) 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.

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: July 5, 2012.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2012-17627 Filed 7-18-12; 8:45 am]
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