Daily Rules, Proposed Rules, and Notices of the Federal Government
The proposed consent decree would resolve a lawsuit filed by the Plaintiffs seeking to compel EPA to review the existing Kraft Pulp NSPS under CAA Section 111(b)(1)(B), 42 U.S.C. 7411(b)(1)(B).
Under the proposed consent decree EPA shall review no later than May 15, 2013, the Kraft Pulp NSPS and sign for publication one or a combination of the following: (1) A proposed rule containing revisions to the Kraft Pulp NSPS, 40 CFR part 60, Subpart BB (“NSPS Subpart BB”), under section 111(b)(1)(B) of the CAA, 42 U.S.C. 7411(b)(1)(B); (2) a proposed determination under section 111(b)(1)(B) not to revise NSPS Subpart BB; or (3) sign for publication a determination that review is not appropriate in light of readily available information on the efficacy of NSPS Subpart BB. The proposed consent decree also states that if EPA signs a proposed rule or a proposed determination then no later than March 14, 2014, EPA shall sign one or a combination of the following: (1) A final rule containing revisions to NSPS Subpart BB under section 111(b)(1)(B) of the CAA, 42 U.S.C. 7411(b)(1)(B); or (2) a final determination under section 111(b)(1)(B) not to revise Subpart BB.
The proposed consent decree requires that, within 10 business days following signature of the proposed or final rules or determinations required in the proposed consent decree, EPA shall forward it or them to the Office of the Federal Register for publication in the
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 Unless EPA or the Department of Justice determines that consent to this consent decree should be withdrawn, the terms of the decree will be affirmed.
The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2012-0730) 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
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
You may submit comments as provided in the
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
Use of the