80_FR_21793 80 FR 21718 - Proposed Consent Decree, Clean Air Act Citizen Suit

80 FR 21718 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range21718-21719
FR Document2015-09012

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 American Fuel & Petrochemical Manufacturers and American Petroleum Institute (collectively ``Plaintiffs''): American Fuel & Petrochemical Manufacturers, et al. v. EPA, No. 1:15-cv-394 (D. DC). In this lawsuit, Plaintiffs allege that EPA has failed to meet the CAA requirement that the Agency establish renewable fuel obligations applicable to calendar years 2014 and 2015. They also allege that EPA failed to timely approve or disapprove Plaintiffs' petition requesting that EPA waive in part the CAA applicable volumes of renewable fuel for calendar year 2014. The proposed consent decree establishes deadlines for EPA to take proposed and final action regarding renewable fuel obligations for 2015, a deadline for EPA to take final action regarding renewable fuel obligations for 2014 and a deadline for EPA to approve or disapprove Plaintiffs' petition seeking a partial waiver of CAA renewable fuel applicable volumes for 2014.

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015) 
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21718-21719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09012]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9926-42-OGC]


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, (``CAA'' or the ``Act''), notice is hereby given of a proposed 
consent decree to address a lawsuit filed by American Fuel & 
Petrochemical Manufacturers and American Petroleum Institute 
(collectively ``Plaintiffs''): American Fuel & Petrochemical 
Manufacturers, et al. v. EPA, No. 1:15-cv-394 (D. DC). In this lawsuit, 
Plaintiffs allege that EPA has failed to meet the CAA requirement that 
the Agency establish renewable fuel obligations applicable to calendar 
years 2014 and 2015. They also allege that EPA failed to timely approve 
or disapprove Plaintiffs' petition requesting that EPA waive in part 
the CAA applicable volumes of renewable fuel for calendar year 2014. 
The proposed consent decree establishes deadlines for EPA to take 
proposed and final action regarding renewable fuel obligations for 
2015, a deadline for EPA to take final action regarding renewable fuel 
obligations for 2014 and a deadline for EPA to approve or disapprove 
Plaintiffs' petition seeking a partial waiver of CAA renewable fuel 
applicable volumes for 2014.

DATES: Written comments on the proposed consent decree must be received 
by May 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0261, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; 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: Roland Dubois, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5626; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve the lawsuit filed by 
Plaintiffs by establishing that EPA must take proposed action by June 
1, 2015 and final action by November 30, 2015 to address renewable fuel 
obligations under CAA 211(o) for calendar year 2015. In addition, the 
proposed decree would establish that EPA must take final action by 
November 30, 2015 to address renewable fuel obligations for calendar 
year 2014 and to approve or disapprove Plaintiffs' petition seeking a 
partial waiver of renewable fuel applicable volumes set forth in CAA 
211(o)(2) for calendar year 2014. 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 
interveners 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-2015-0261) contains a

[[Page 21719]]

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, information that is claimed 
as confidential business information (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: April 9, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-09012 Filed 4-17-15; 8:45 am]
 BILLING CODE 6560-50-P

21718 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices Assistance Division, Office of Pollution Total estimated cost: $27 per year, or by hand delivery or courier to EPA Prevention and Toxics, Mail code: includes $0 annualized capital or Docket Center, EPA West, Room 3334, 7408–M, Environmental Protection operation and maintenance costs. 1301 Constitution Ave. NW., Agency, 1200 Pennsylvania Ave. NW., Changes in the Estimates: There is no Washington, DC, between 8:30 a.m. and Washington, DC 20460; telephone change in the total estimated respondent 4:30 p.m. Monday through Friday, number: 202–554–1404; fax number: burden compared with that identified in excluding legal holidays. Comments on 202–564–8251; email address: TSCA- the ICR currently approved by OMB. a disk or CD–ROM should be formatted Hotline@epa.gov. in Word or ASCII file, avoiding the use Courtney Kerwin, SUPPLEMENTARY INFORMATION: of special characters and any form of Acting Director, Collection Strategies Supporting documents, which explain Division. encryption, and may be mailed to the in detail the information that the EPA mailing address above. [FR Doc. 2015–08983 Filed 4–17–15; 8:45 am] will be collecting, are available in the FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P public docket for this ICR. The docket Roland Dubois, Air and Radiation Law can be viewed online at http:// Office (2344A), Office of General www.regulations.gov or in person at the ENVIRONMENTAL PROTECTION Counsel, U.S. Environmental Protection EPA Docket Center, WJC West, Room AGENCY Agency, 1200 Pennsylvania Ave. NW., 3334, 1301 Constitution Ave. NW., Washington, DC 20460; telephone: (202) Washington, DC. The telephone number [FRL–9926–42–OGC] 564–5626; email address: for the Docket Center is 202–566–1744. dubois.roland@epa.gov. For additional information about EPA’s Proposed Consent Decree, Clean Air SUPPLEMENTARY INFORMATION: public docket, visit http://www.epa.gov/ Act Citizen Suit dockets. I. Additional Information About the AGENCY: Environmental Protection Abstract: This information collection Proposed Consent Decree Agency (EPA). request (ICR) covers revisions to the The proposed consent decree would ACTION: Notice of proposed consent 2008 Renovation, Repair, and Painting resolve the lawsuit filed by Plaintiffs by decree; request for public comment. (RRP) rule, which established reporting establishing that EPA must take and recordkeeping requirements for SUMMARY: In accordance with section proposed action by June 1, 2015 and individuals and firms conducting 113(g) of the Clean Air Act, as amended, final action by November 30, 2015 to renovations in target housing (most (‘‘CAA’’ or the ‘‘Act’’), notice is hereby address renewable fuel obligations housing constructed before 1978) and given of a proposed consent decree to under CAA 211(o) for calendar year child-occupied facilities (pre-1978 address a lawsuit filed by American 2015. In addition, the proposed decree residential, public, or commercial Fuel & Petrochemical Manufacturers would establish that EPA must take buildings where children under age six and American Petroleum Institute final action by November 30, 2015 to are regularly present). EPA revised the (collectively ‘‘Plaintiffs’’): American address renewable fuel obligations for RRP rule under the authority of sections Fuel & Petrochemical Manufacturers, et calendar year 2014 and to approve or 402, 404 and 407 of the Toxic al. v. EPA, No. 1:15-cv-394 (D. DC). In disapprove Plaintiffs’ petition seeking a Substances Control Act (TSCA). This this lawsuit, Plaintiffs allege that EPA partial waiver of renewable fuel ICR describes and analyzes the has failed to meet the CAA requirement applicable volumes set forth in CAA incremental changes to the reporting that the Agency establish renewable fuel 211(o)(2) for calendar year 2014. See the and recordkeeping requirements under obligations applicable to calendar years proposed consent decree for the specific another existing approved ICR (EPA ICR 2014 and 2015. They also allege that details. No. 1715.12, OMB Control No. 2070– EPA failed to timely approve or For a period of thirty (30) days 0155). disapprove Plaintiffs’ petition following the date of publication of this Responses to the collection of requesting that EPA waive in part the notice, the Agency will accept written information are mandatory (see 40 CFR CAA applicable volumes of renewable comments relating to the proposed 745, Subpart L). Respondents may claim fuel for calendar year 2014. The consent decree from persons who were all or part of a response confidential. proposed consent decree establishes not named as parties or interveners to EPA will disclose information that is deadlines for EPA to take proposed and the litigation in question. EPA or the covered by a claim of confidentiality final action regarding renewable fuel Department of Justice may withdraw or only to the extent permitted by, and in obligations for 2015, a deadline for EPA withhold consent to the proposed accordance with, the procedures in to take final action regarding renewable consent decree if the comments disclose TSCA section 14 and 40 CFR part 2. fuel obligations for 2014 and a deadline facts or considerations that indicate that Form Numbers: 8500–25; 8500–27. for EPA to approve or disapprove such consent is inappropriate, Respondents/affected entities: Plaintiffs’ petition seeking a partial improper, inadequate, or inconsistent Persons who provide training in lead- waiver of CAA renewable fuel with the requirements of the Act. Unless based paint activities and/or renovation, applicable volumes for 2014. EPA or the Department of Justice persons who are engaged in lead-based determines that consent to this consent DATES: Written comments on the paint activities and/or renovation, and decree should be withdrawn, the terms state agencies that administer lead- proposed consent decree must be received by May 20, 2015. of the decree will be affirmed. based paint activities and/or renovation programs. ADDRESSES: Submit your comments, II. Additional Information About mstockstill on DSK4VPTVN1PROD with NOTICES Respondent’s obligation to respond: identified by Docket ID number EPA– Commenting on the Proposed Consent Mandatory. HQ–OGC–2015–0261, online at Decree Estimated number of respondents: www.regulations.gov (EPA’s preferred method); by email to oei.docket@ A. How can I get a copy of the consent 170 (total). Frequency of response: On occasion. epa.gov; by mail to EPA Docket Center, decree? Total estimated burden: 151 hours per Environmental Protection Agency, The official public docket for this year. Burden is defined at 5 CFR Mailcode: 2822T, 1200 Pennsylvania action (identified by Docket ID No. 1320.03(b). Ave. NW., Washington, DC 20460–0001; EPA–HQ–OGC–2015–0261) contains a VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1

Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices 21719 copy of the proposed consent decree. disk or CD ROM you submit. This FOR FURTHER INFORMATION CONTACT: The official public docket is available ensures that you can be identified as the Courtney Kerwin (202) 566–1669, or for public viewing at the Office of submitter of the comment and allows email at kerwin.courtney@epa.gov and Environmental Information (OEI) Docket EPA to contact you in case EPA cannot please refer to the appropriate EPA in the EPA Docket Center, EPA West, read your comment due to technical Information Collection Request (ICR) Room 3334, 1301 Constitution Ave. difficulties or needs further information Number. NW., Washington, DC. The EPA Docket on the substance of your comment. Any SUPPLEMENTARY INFORMATION: Center Public Reading Room is open identifying or contact information from 8:30 a.m. to 4:30 p.m., Monday provided in the body of a comment will OMB Responses to Agency Clearance through Friday, excluding legal be included as part of the comment that Requests holidays. The telephone number for the is placed in the official public docket, OMB Approvals Public Reading Room is (202) 566–1744, and made available in EPA’s electronic and the telephone number for the OEI public docket. If EPA cannot read your EPA ICR Number 2260.05; Docket is (202) 566–1752. comment due to technical difficulties Confidential Financial Disclosure Form An electronic version of the public and cannot contact you for clarification, for Special Government Employees docket is available through EPA may not be able to consider your Serving on Federal Advisory www.regulations.gov. You may use comment. Committees at the U.S. Environmental www.regulations.gov to submit or view Use of the www.regulations.gov Web Protection Agency (Renewal); 5 CFR public comments, access the index site to submit comments to EPA part 2634; was approved with change on listing of the contents of the official electronically is EPA’s preferred method 2/25/2015; OMB Number 2090–0029; public docket, and to access those for receiving comments. The electronic expires on 2/28/2018. documents in the public docket that are public docket system is an ‘‘anonymous EPA ICR Number 0559.12; available electronically. Once in the access’’ system, which means EPA will Application for Reference and system, key in the appropriate docket not know your identity, email address, Equivalent Method Determination identification number then select or other contact information unless you (Renewal); 40 CFR parts 53.4, 53.14, ‘‘search’’. provide it in the body of your comment. 53.15, 53.9(f), (h), (i), and 53.16(a)–(d), It is important to note that EPA’s In contrast to EPA’s electronic public (f); was approved without change on policy is that public comments, whether docket, EPA’s electronic mail (email) 2/25/2015; OMB Number 2080–0005; submitted electronically or in paper, system is not an ‘‘anonymous access’’ expires on 2/28/2018. will be made available for public system. If you send an email comment viewing online at www.regulations.gov Comment Filed directly to the Docket without going without change, unless the comment through www.regulations.gov, your EPA ICR Number 2347.01; contains copyrighted material, email address is automatically captured Implementation of the 2008 National information that is claimed as and included as part of the comment Ambient Air Quality Standards for confidential business information (CBI), that is placed in the official public Ozone: State Implementation Plan or other information whose disclosure is Requirements (Proposed Rule); 40 CFR docket, and made available in EPA’s restricted by statute. Information part 51; OMB filed comment on electronic public docket. claimed as CBI and other information 2/12/2015. whose disclosure is restricted by statute Dated: April 9, 2015. is not included in the official public Lorie J. Schmidt, Courtney Kerwin, docket or in the electronic public Associate General Counsel. Acting Director, Collections Strategies docket. EPA’s policy is that copyrighted [FR Doc. 2015–09012 Filed 4–17–15; 8:45 am] Division. material, including copyrighted material [FR Doc. 2015–08984 Filed 4–17–15; 8:45 am] BILLING CODE 6560–50–P contained in a public comment, will not BILLING CODE 6560–50–P be placed in EPA’s electronic public docket but will be available only in ENVIRONMENTAL PROTECTION printed, paper form in the official public AGENCY GENERAL SERVICES docket. Although not all docket ADMINISTRATION [FRL–9925–41–OEI] materials may be available [OMB Control No. 3090–0014;Docket 2015– electronically, you may still access any Agency Information Collection 0001; Sequence 8] of the publicly available docket Activities OMB Responses materials through the EPA Docket Information Collection; Transfer Order- Center. AGENCY: Environmental Protection Surplus Personal Property and Agency (EPA). Continuation Sheet, Standard Form B. How and to whom do i submit ACTION: Notice. (SF) 123 comments? You may submit comments as SUMMARY: This document announces the AGENCY: Federal Acquisition Service, provided in the ADDRESSES section. Office of Management and Budget General Services Administration (GSA). Please ensure that your comments are (OMB) responses to Agency Clearance ACTION: Notice of request for an submitted within the specified comment requests, in compliance with the extension to an existing OMB clearance. period. Comments received after the Paperwork Reduction Act (44 U.S.C. mstockstill on DSK4VPTVN1PROD with NOTICES close of the comment period will be 3501 et seq.). An agency may not SUMMARY: Under the provisions of the marked ‘‘late.’’ EPA is not required to conduct or sponsor, and a person is not Paperwork Reduction Act, the consider these late comments. required to respond to, a collection of Regulatory Secretariat Division will be If you submit an electronic comment, information unless it displays a submitting to the Office of Management EPA recommends that you include your currently valid OMB control number. and Budget (OMB) a request to review name, mailing address, and an email The OMB control numbers for EPA and approve an extension of a address or other contact information in regulations are listed in 40 CFR part 9 previously approved information the body of your comment and with any and 48 CFR chapter 15. collection requirement regarding the VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1


Document Created: 2018-02-21 10:12:36
Document Modified: 2018-02-21 10:12:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed consent decree; request for public comment.
DatesWritten comments on the proposed consent decree must be received by May 20, 2015.
ContactRoland Dubois, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
FR Citation80 FR 21718 
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