80 FR 14999 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 54 (March 20, 2015)
Federal Register Volume 80, Issue 54 (March 20, 2015)
| Page Range | 14999-15001 | |
| FR Document | 2015-06508 |
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)] [Notices] [Pages 14999-15001] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06508] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9924-35-OGC] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. ----------------------------------------------------------------------- SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Sierra Club: Sierra Club v. McCarthy, No. 4:14-cv-00643-JLH (E.D. AK). In 2012, the Environmental Protection Agency (EPA) issued a rule partially disapproving a revision to a state implementation plan (SIP) submitted by Arkansas to address the requirements of the regional haze program. EPA also at the same time partially disapproved that portion of the Arkansas SIP submittal addressing the interstate transport visibility requirements associated with the promulgation of the 1997 national ambient air quality standards (NAAQS) for ozone and fine particulate matter (PM2.5 ). In its lawsuit, Sierra Club alleged that EPA has failed to meet the [[Page 15000]] requirement of the Clean Air Act that the Agency promulgate a federal implementation plan (FIP) within two years of partially disapproving a SIP, in whole or in part. The proposed consent decree establishes proposed and final deadlines for EPA to take action to meet its obligations with respect to Arkansas. DATES: Written comments on the proposed consent decree must be received by April 20, 2015. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2015-0162, 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: M. Lea Anderson, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-5571; fax number (202) 564-5603; email address: anderson.lea@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree On October 17, 2011, EPA proposed to partially approve and to partially disapprove a revision to the Arkansas SIP intended to address the regional haze requirements of the Clean Air Act. 76 F R 64186. In that same action, EPA also proposed to partially disapprove the portion of the Arkansas' interstate transport SIP submittal addressing the visibility requirement of section 110(a)(2)(D)(i)(II) of the Clean Air Act for the 1997 ozone NAAQS and the 1997 PM2.5 NAAQS. On March 12, 2012, EPA finalized its partial approval and disapproval of the Arkansas Regional Haze and Interstate Transport SIP submittals. 77 F R 14604. When EPA disapproves a SIP submission in whole or in part, section 110(c) of the Act requires EPA to promulgate a FIP within two years unless the State corrects the deficiency and EPA approves the plan revision. Sierra Club filed a complaint in the United States District Court for the Northern District of California in August 2014 alleging that EPA had failed to promulgate a FIP for Arkansas as required by the Clean Air Act. That case was transferred to the United State District Court for the Eastern District of Arkansas in October 2014. The proposed consent decree would resolve the lawsuit filed by the Sierra Club by establishing that EPA must take proposed action by March 16, 2015 and final action by December 15, 2015 to address the deficiencies in the Arkansas SIP that were identified by EPA in its March 12, 2012 action. See the proposed consent decree for the specific details. 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. 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-2015-0162) 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 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 (e-mail) [[Page 15001]] 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: March 12, 2015. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2015-06508 Filed 3-19-15; 8:45 am] BILLING CODE 6560-50-P
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DEPARTMENT OF ENERGY Online service, please email relating to the Proposed Agreement are
FERCOnlineSupport@ferc.gov. or call available for public inspection at the
Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call U.S. Environmental Protection Agency,
Commission (202) 502–8659. Region III, 1650 Arch Street,
[Docket No. ER15–1218–000] Dated: March 11, 2015. Philadelphia, PA 19103. A copy of the
Nathaniel J. Davis, Sr., Proposed Agreement may be obtained
Solar Star California XIII, LLC: Deputy Secretary.
from Cynthia T. Weiss (3RC42), Senior
Supplemental Notice That Initial Assistant Regional Counsel, U.S.
[FR Doc. 2015–06405 Filed 3–19–15; 8:45 am]
Market-Based Rate Filing Includes Environmental Protection Agency, 1650
BILLING CODE 6717–01–P
Request for Blanket Section 204 Arch Street, Philadelphia, PA 19103.
Authorization Comments should reference the
‘‘Millsboro TCE Contaminated
This is a supplemental notice in the ENVIRONMENTAL PROTECTION Superfund Site, Proposed
above-referenced proceeding, of Solar AGENCY Administrative Settlement Agreement
Star California XIII, LLC’s application for Recovery of Past Response Costs’’
[9924–98–Region 3]
for market-based rate authority, with an and ‘‘EPA Docket No. CERCLA–03–
accompanying rate schedule, noting that Notice of Proposed Settlement 2015–0036–CR,’’ and should be
such application includes a request for Agreement Pursuant to CERCLA forwarded to Cynthia T. Weiss at the
blanket authorization, under 18 CFR Section 122(H)(1) and Opportunity for above address.
part 34, of future issuances of securities Public Comment: Millsboro TCE FOR FURTHER INFORMATION CONTACT:
and assumptions of liability. Groundwater Contamination
Any person desiring to intervene or to Cynthia T. Weiss (3RC42), U.S.
Superfund Site Environmental Protection Agency, 1650
protest should file with the Federal
Energy Regulatory Commission, 888 AGENCY: Environmental Protection Arch Street, Philadelphia, PA 19103,
First Street NE., Washington, DC 20426, Agency. Phone: (215) 814–2659; weiss.cynthia@
in accordance with Rules 211 and 214 ACTION: Notice; request for public epa.gov.
of the Commission’s Rules of Practice comment. Dated: March 4, 2015.
and Procedure (18 CFR 385.211 and Cecil Rodrigues,
385.214). Anyone filing a motion to SUMMARY: In accordance with the
Comprehensive Environmental Director, Hazardous Site Cleanup Division,
intervene or protest must serve a copy U.S. Environmental Protection Agency,
Response, Compensation, and Liability
of that document on the Applicant. Region III.
Notice is hereby given that the Act (‘‘CERCLA’’), notice is hereby given
[FR Doc. 2015–06445 Filed 3–19–15; 8:45 am]
deadline for filing protests with regard that a proposed administrative
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to the applicant’s request for blanket settlement agreement for recovery of
authorization, under 18 CFR part 34, of past response costs (‘‘Proposed
future issuances of securities and Agreement’’) associated with Millsboro
ENVIRONMENTAL PROTECTION
assumptions of liability is March 31, TCE Groundwater Contamination
AGENCY
2015. Superfund Site, Millsboro, Delaware
was executed by the Environmental [FRL–9924–35–OGC]
The Commission encourages
electronic submission of protests and Protection Agency (‘‘EPA’’) and is now
subject to public comment, after which Proposed Consent Decree, Clean Air
interventions in lieu of paper, using the Act Citizen Suit
FERC Online links at http:// EPA may modify or withdraw its
www.ferc.gov. To facilitate electronic consent if comments received disclose AGENCY: Environmental Protection
service, persons with Internet access facts or considerations that indicate that Agency (EPA).
who will eFile a document and/or be the Proposed Agreement is
ACTION: Notice of proposed consent
listed as a contact for an intervenor inappropriate, improper, or inadequate.
decree; request for public comment.
must create and validate an The Proposed Agreement would resolve
eRegistration account using the potential EPA claims under Section SUMMARY: In accordance with section
eRegistration link. Select the eFiling 107(a) of CERCLA, against Intervet, Inc. 113(g) of the Clean Air Act, as amended
link to log on and submit the and Mallinckrodt Veterinary, Inc. (‘‘CAA’’ or the ‘‘Act’’), notice is hereby
intervention or protests. (‘‘Settling Parties’’). The Proposed given of a proposed consent decree to
Persons unable to file electronically Agreement would require Settling address a lawsuit filed by Sierra Club:
should submit an original and 5 copies Parties to reimburse EPA $950,000.00 Sierra Club v. McCarthy, No. 4:14–cv–
of the intervention or protest to the for all non-reimbursed past response 00643–JLH (E.D. AK). In 2012, the
Federal Energy Regulatory Commission, costs incurred by EPA for the Site Environmental Protection Agency (EPA)
888 First Street NE., Washington, DC through May 27, 2014. issued a rule partially disapproving a
20426. For thirty (30) days following the date revision to a state implementation plan
The filings in the above-referenced of publication of this notice, EPA will (SIP) submitted by Arkansas to address
proceeding(s) are accessible in the receive written comments relating to the the requirements of the regional haze
Commission’s eLibrary system by Proposed Agreement. EPA’s response to program. EPA also at the same time
clicking on the appropriate link in the any comments received will be available partially disapproved that portion of the
for public inspection at the U.S.
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above list. They are also available for Arkansas SIP submittal addressing the
review in the Commission’s Public Environmental Protection Agency, interstate transport visibility
Reference Room in Washington, DC. Region III, 1650 Arch Street, requirements associated with the
There is an eSubscription link on the Philadelphia, PA 19103. promulgation of the 1997 national
Web site that enables subscribers to DATES: Comments must be submitted on ambient air quality standards (NAAQS)
receive email notification when a April 20, 2015. for ozone and fine particulate matter
document is added to a subscribed ADDRESSES: The Proposed Agreement (PM2.5). In its lawsuit, Sierra Club
docket(s). For assistance with any FERC and additional background information alleged that EPA has failed to meet the
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![Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices 15001
system is not an ‘‘anonymous access’’ to request a CD–ROM, and please 20/2015, Contact: Terri Jordan-Sellers,
system. If you send an email comment provide your name, your mailing 904–232–1817.
directly to the Docket without going address, and the document title, EIS No. 20150065, Final EIS, FERC, 00,
through www.regulations.gov, your ‘‘Second External Review Draft Multi-Project for Hydropower
email address is automatically captured Integrated Science Assessment for Licenses-Susquehanna River
and included as part of the comment Oxides of Nitrogen—Health Criteria’’ to Hydroelectric Projects, Review Period
that is placed in the official public facilitate processing of your request.
Ends: 04/20/2015, Contact: Emily
docket, and made available in EPA’s FOR FURTHER INFORMATION CONTACT: For Carter 202–502–6512.
electronic public docket. technical information, contact Dr.
Molini Patel, NCEA; telephone: 919– EIS No. 20150066, Draft Supplement,
Dated: March 12, 2015.
541–1492; fax: 919–541–1818; or email: VA, CA, San Francisco Veterans
Lorie J. Schmidt,
patel.molini@epa.gov. Affairs Medical Center (SFVAMC)
Associate General Counsel.
Long Range Development Plan,
[FR Doc. 2015–06508 Filed 3–19–15; 8:45 am] SUPPLEMENTARY INFORMATION: Comments
Comment Period Ends: 05/18/2015,
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may be submitted electronically via
http://www.regulations.gov, by mail, by Contact: Robin Flanagan 415–750–
fax, or by hand delivery/courier. Please 2049.
ENVIRONMENTAL PROTECTION follow the detailed instructions EIS No. 20150067, Draft EIS, BIA, IN,
AGENCY provided in the SUPPLEMENTARY Pokagon Band of Potawatomi Indians
INFORMATION section of Federal Register Fee-to-Trust Transfer for Tribal
[EPA–HQ–ORD–2013–0232; FRL–9924–79–
document that published on January 30, Village and Casino City of South
ORD]
2015 (80 FR 5110). Bend, Comment Period Ends: 05/04/
Draft Integrated Science Assessment For information on submitting 2015, Contact: Scott Doig 612–725–
for Oxides of Nitrogen—Health comments to the docket, please contact 4514.
Criteria; Extension of Comment Period the ORD Docket at EPA’s Headquarters EIS No. 20150068, Draft Supplement,
Docket Center; telephone: 202–566– USFS, OR, Wallowa-Whitman
AGENCY: Environmental Protection 1752; fax: 202–566–9744; or email:
Agency (EPA). National Forest Invasive Plants
Docket_ORD@epa.gov. Treatment Project, Comment Period
ACTION: Notice; extension of comment
Dated: March 12, 2015. Ends: 05/04/2015, Contact: Gene
period.
Mary A. Ross, Yates 541–523–1290.
SUMMARY: EPA is announcing an Deputy Director, National Center for EIS No. 20150069, Final EIS, USN, PA,
extension of the public comment period Environmental Assessment.
Disposal and Reuse of the Former
for the second external review draft of [FR Doc. 2015–06340 Filed 3–19–15; 8:45 am] Naval Air Station Joint Reserve Base
a document titled, ‘‘Second External BILLING CODE 6560–50–P (NAS JRB) Willow Grove, Review
Review Draft Integrated Science Period Ends: 04/20/2015, Contact:
Assessment for Oxides of Nitrogen— James Anderson 843–963–4991.
Health Criteria’’ (EPA/600/R–14/006). ENVIRONMENTAL PROTECTION
The original Federal Register document AGENCY EIS No. 20150070, Revised Final EIS,
announcing the public comment period USFS, ID, Lower Orogrande Project,
[ER–FRL–9020–1] Review Period Ends: 04/20/2015,
was published on January 30, 2015 (80
FR 5110). With this extension, the Contact: George Harbaugh 208–935–
Environmental Impact Statements; 4260.
comment period ends on April 30, 2015. Notice of Availability
This assessment document was EIS No. 20150071, Draft EIS, USACE,
developed by the National Center for AGENCY: Office of Federal Activities, CA, American River Common
Environmental Assessment (NCEA) General Information (202) 564–7146 or Features, Comment Period Ends: 05/
within EPA’s Office of Research and http://www.epa.gov/compliance/nepa/. 04/2015, Contact: Anne Baker 916–
Development (ORD) as part of the Weekly receipt of Environmental Impact 557–7277.
review of the primary (health-based) Statements EIS No. 20150072, Revised Draft EIS,
National Ambient Air Quality Standards Filed 03/09/2015 Through 03/13/2015 USACE, LA, Southwest Coastal
(NAAQS) for nitrogen dioxide. Pursuant to 40 CFR 1506.9. Louisiana, Comment Period Ends: 05/
DATES: The public comment period
Notice 04/2015, Contact: Dr. William P.
began on January 30, 2015, and ends Klein, Jr. 504–862–2540.
April 30, 2015. Comments must be Section 309(a) of the Clean Air Act
received on or before April 30, 2015. requires that EPA make public its EIS No. 20150073, Draft EIS, FTA, VA,
ADDRESSES: The ‘‘Second External comments on EISs issued by other Virginia Beach Transit Extension,
Review Draft Integrated Science Federal agencies. EPA’s comment letters Comment Period Ends: 05/04/2015,
Assessment for Oxides of Nitrogen— on EISs are available at: http:// Contact: Ryan Long 215–656–7051.
Health Criteria’’ is available primarily www.epa.gov/compliance/nepa/ EIS No. 20150074, Final EIS, USFS, OR,
via the internet on NCEA’s home page eisdata.html. Lower Imnaha Rangeland Analysis,
under the Recent Additions and EIS No. 20150063, Draft EIS, NOAA, HI, Review Period Ends: 04/20/2015,
mstockstill on DSK4VPTVN1PROD with NOTICES
Publications menus at http:// Hawaiian Islands Humpback Whale Contact: Kris Stein 541–426–5546.
www.epa.gov/ncea or the public docket National Marine Sanctuary Draft Dated: March 17, 2015.
at http://www.regulations.gov, Docket Management Plan, Comment Period
ID: EPA–HQ–ORD–2013–0232. A Ends: 06/19/2015, Contact: Edward Dawn Roberts,
limited number of CD–ROM copies are Lindelof 301–713–3125. Management Analyst, Office of Federal
available. Contact Ms. Marieka Boyd by EIS No. 20150064, Final EIS, USACE, Activities.
phone: 919–541–0031; fax: 919–541– FL, Port Everglades Harbor [FR Doc. 2015–06502 Filed 3–19–15; 8:45 am]
5078; or email: boyd.marieka@epa.gov Navigation, Review Period Ends: 04/ BILLING CODE 6560–50–P
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Document Created: 2015-12-18 11:34:58
Document Modified: 2015-12-18 11:34:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of proposed consent decree; request for public comment. | |
| Dates | Written comments on the proposed consent decree must be received by April 20, 2015. | |
| Contact | M. Lea Anderson, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; | |
| FR Citation | 80 FR 14999 |
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