GLIN==> Power Plant MACT Proposed Consent Decree

Today's federal register...

....this looks like a win for the Plaintiffs in the national litigation 
over EPA's failure to properly issue hazardous air pollution 
rules for coal burning powerplants, nationwide. For the Great 
Lakes region, it will likely mean future measures to decrease 
power plant mercury emissions in our watershed.

Congratulations to the Plaintiffs... (see list in announcement below)

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[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices] 
[Page 55547-55548]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc09-50] 

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8974-3]

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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree to address a lawsuit filed by the American
Nurses Association, Chesapeake Bay Foundation, Inc., Conservation Law
Foundation, Environment America, Environmental Defense Fund, Izaak
Walton League of America, Natural Resources Council of Maine, Natural
Resources Defense Council, Physicians for Social Responsibility, Sierra
Club, The Ohio Environmental Council, and Waterkeeper Alliance, Inc.
(collectively ``Plaintiffs'') in the United States District Court for
the District of Columbia: American Nurses Association, et al. v.
Jackson, No. 1:08-cv-02198 (RMC) (D. DC). On December 18, 2008,
Plaintiffs filed a complaint alleging that EPA failed to perform a non-
discretionary duty to promulgate final maximum achievable control
technology emissions standards for hazardous air pollutants from coal-
and oil-fired electric utility steam generating units (``EGUs or power
plants''), pursuant to CAA section 112(d), by the statutorily-mandated
deadline. Under the terms of the proposed consent decree, EPA shall, no
later than March 16, 2011, sign for publication in the Federal Register
a notice of proposed rulemaking setting forth EPA's proposed emission
standards for coal- and oil-fired EGUs pursuant to CAA section 112(d).
In addition, EPA shall, no later than November 16, 2011, sign for
publication in the Federal Register a notice of final rulemaking
setting forth EPA's final emission standards for coal- and oil-fired
EGUs pursuant to CAA section 112(d).

DATES: Written comments on the proposed consent decree must be received
by November 27, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0764, online at <A HREF="http://www.regulations.gov">http://www.regulations.gov</A> (EPA's preferred
method); by e-mail to <A HREF="mailto:oei.docket at epa.gov">oei.docket at epa.gov</A>; 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: Paul Versace, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-0219; fax number (202) 564-5603; e-mail address:
<A HREF="mailto:versace.paul at epa.gov">versace.paul at epa.gov</A>.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

This proposed consent decree would settle the complaint filed by
Plaintiffs for EPA's alleged failure to promulgate final maximum
achievable control technology emissions standards for hazardous air
pollutants from coal- and oil-fired electric utility steam generating
units (``EGUs or power plants''), pursuant to CAA section 112(d), by
the statutorily mandated deadline. Under the terms of the proposed
consent decree, EPA shall, no later than March 16, 2011, sign for
publication in the Federal Register a notice of proposed rulemaking
setting forth EPA's proposed emission standards for coal- and oil-fired
EGUs pursuant to CAA section 112(d). In addition, EPA shall, no later
than November 16, 2011, sign for publication in the Federal a notice of
final rulemaking setting forth EPA's final emission standards for coal-
and oil-fired EGUs pursuant to CAA section 112(d). The proposed consent
decree also provides that, no later than 5 business days after signing
both the notice of proposed rulemaking and the notice of final
rulemaking, EPA shall deliver such notices to the Office of the Federal
Register for prompt publication.
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

[[Page 55548]]

with the requirements of the Act. Unless EPA or the Department of
Justice determines, based on any comment submitted, 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-2009-0764) 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
<A HREF="http://www.regulations.gov">http://www.regulations.gov</A>. You may use <A HREF="http://www.regulations.gov">http://www.regulations.gov</A> 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 <A HREF="http://www.regulations.gov">http://www.regulations.gov</A> 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 e-mail 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 <A HREF="http://www.regulations.gov">http://www.regulations.gov</A> 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, e-mail 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) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through <A HREF="http://www.regulations.gov">http://
www.regulations.gov</A>, your e-mail 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: October 22, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-25992 Filed 10-27-09; 8:45 am]
BILLING CODE 6560-50-P


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Alex J. Sagady & Associates http://www.sagady.com/
Twittering at: http://www.twitter.com/enviroenforcer 

Environmental Enforcement, Permit/Technical Review, Public Policy, Expert Witness Review and Litigation Investigation on Air, Water and Waste/Community Environmental and Resource Protection 

Prospectus at: http://www.sagady.com/sagady.pdf 

657 Spartan Avenue, East Lansing, MI 48823 
(517) 332-6971; ajs at sagady.com 
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