80 FR 27303 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 92 (May 13, 2015)

Page Range		27303-27304
FR Document		2015-11564

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-02149-CRC (D.D.C.). On December 18, 2014, Plaintiff filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a non-discretionary duty to grant or deny within 60 days a petition submitted by Sierra Club on July 28, 2014, requesting that EPA object to a CAA Title V permit issued by the New Hampshire Department of Environmental Services for Public Service Company of New Hampshire's Schiller Station power plant located in Portsmouth, New Hampshire. The proposed consent decree would establish a deadline for EPA to take such action.

Federal Register, Volume 80 Issue 92 (Wednesday, May 13, 2015)

[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Notices]
[Pages 27303-27304]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11564]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9927-74-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 Sierra Club: Sierra Club 
v. McCarthy, No. 4:14-cv-02149-CRC (D.D.C.). On December 18, 2014, 
Plaintiff filed a complaint alleging that Gina McCarthy, in her 
official capacity as Administrator of the United States Environmental 
Protection Agency (``EPA''), failed to perform a non-discretionary duty 
to grant or deny within 60 days a petition submitted by Sierra Club on 
July 28, 2014, requesting that EPA object to a CAA Title V permit 
issued by the New Hampshire Department of Environmental Services for 
Public Service Company of New Hampshire's Schiller Station power plant 
located in Portsmouth, New Hampshire. The proposed consent decree would 
establish a deadline for EPA to take such action.

DATES: Written comments on the proposed consent decree must be received 
by June 12, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0312, 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: Karen Bianco, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3298; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Sierra Club seeking to compel the Administrator to take actions under 
CAA section 505(b)(2). Under the terms of the proposed consent decree, 
EPA would agree to sign its response granting or denying the petition 
filed by the Sierra Club regarding Public Service Company of New 
Hampshire's Schiller Station power plant located in Portsmouth, New 
Hampshire, pursuant to section 505(b)(2) of the CAA, on or before July 
31, 2015.
    Under the terms of the proposed consent decree, EPA would 
expeditiously deliver notice of EPA's response to the Office of the 
Federal Register for review and publication following signature of such 
response. In addition, the proposed consent decree outlines the 
procedure for the Plaintiffs to request costs of litigation, including 
attorney fees.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will accept written comments relating to the 
proposed consent decree from persons who are 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 consent 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-2015-0312) contains a copy of the proposed consent 
decree. The official public docket is available

[[Page 27304]]

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 
(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: May 6, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-11564 Filed 5-12-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices 27303

DEPARTMENT OF ENERGY Online service, please email of special characters and any form of
FERCOnlineSupport@ferc.gov. or call encryption, and may be mailed to the
Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call mailing address above.
Commission (202) 502–8659. FOR FURTHER INFORMATION CONTACT:
[Docket No. ER15–1668–000 ] Dated: May 6, 2015. Karen Bianco, Air and Radiation Law
Nathaniel J. Davis, Sr., Office (2344A), Office of General
Phoenix Energy Group, LLC; Deputy Secretary. Counsel, U.S. Environmental Protection
Supplemental Notice That Initial Agency, 1200 Pennsylvania Ave. NW.,
[FR Doc. 2015–11546 Filed 5–12–15; 8:45 am]
Market-Based Rate Filing includes Washington, DC 20460; telephone: (202)
BILLING CODE 6717–01–P
Request for Blanket Section 204 564–3298; fax number (202) 564–5603;
Authorization email address: bianco.karen@epa.gov.
This is a supplemental notice in the SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
above-referenced proceeding, of AGENCY I. Additional Information About the
Phoenix Energy Group, LLC’s Proposed Consent Decree
application for market-based rate [FRL–9927–74–OGC]
The proposed consent decree would
authority, with an accompanying rate
Proposed Consent Decree, Clean Air resolve a lawsuit filed by the Sierra Club
schedule, noting that such application
Act Citizen Suit seeking to compel the Administrator to
includes a request for blanket
take actions under CAA section
authorization, under 18 CFR part 34, of AGENCY: Environmental Protection 505(b)(2). Under the terms of the
future issuances of securities and Agency (EPA). proposed consent decree, EPA would
assumptions of liability.
ACTION: Notice of proposed consent agree to sign its response granting or
Any person desiring to intervene or to
decree; request for public comment. denying the petition filed by the Sierra
protest should file with the Federal
Club regarding Public Service Company
Energy Regulatory Commission, 888 SUMMARY: In accordance with section of New Hampshire’s Schiller Station
First Street NE., Washington, DC 20426, 113(g) of the Clean Air Act, as amended power plant located in Portsmouth, New
in accordance with Rules 211 and 214 (‘‘CAA’’ or the ‘‘Act’’), notice is hereby Hampshire, pursuant to section
of the Commission’s Rules of Practice given of a proposed consent decree to 505(b)(2) of the CAA, on or before July
and Procedure (18 CFR 385.211 and address a lawsuit filed by Sierra Club: 31, 2015.
385.214). Anyone filing a motion to Sierra Club v. McCarthy, No. 4:14–cv– Under the terms of the proposed
intervene or protest must serve a copy 02149–CRC (D.D.C.). On December 18, consent decree, EPA would
of that document on the Applicant. 2014, Plaintiff filed a complaint alleging expeditiously deliver notice of EPA’s
Notice is hereby given that the that Gina McCarthy, in her official response to the Office of the Federal
deadline for filing protests with regard capacity as Administrator of the United Register for review and publication
to the applicant’s request for blanket States Environmental Protection Agency following signature of such response. In
authorization, under 18 CFR part 34, of (‘‘EPA’’), failed to perform a non- addition, the proposed consent decree
future issuances of securities and discretionary duty to grant or deny outlines the procedure for the Plaintiffs
assumptions of liability is May 26, 2015. within 60 days a petition submitted by
The Commission encourages to request costs of litigation, including
Sierra Club on July 28, 2014, requesting attorney fees.
electronic submission of protests and that EPA object to a CAA Title V permit For a period of thirty (30) days
interventions in lieu of paper, using the issued by the New Hampshire following the date of publication of this
FERC Online links at http:// Department of Environmental Services notice, EPA will accept written
www.ferc.gov. To facilitate electronic for Public Service Company of New comments relating to the proposed
service, persons with Internet access Hampshire’s Schiller Station power consent decree from persons who are
who will eFile a document and/or be plant located in Portsmouth, New not named as parties or intervenors to
listed as a contact for an intervenor Hampshire. The proposed consent the litigation in question. EPA or the
must create and validate an decree would establish a deadline for Department of Justice may withdraw or
eRegistration account using the EPA to take such action. withhold consent to the proposed
eRegistration link. Select the eFiling
DATES: Written comments on the consent decree if the comments disclose
link to log on and submit the
proposed consent decree must be facts or considerations that indicate that
intervention or protests.
Persons unable to file electronically received by June 12, 2015. such consent is inappropriate,
should submit an original and 5 copies ADDRESSES: Submit your comments, improper, inadequate, or inconsistent
of the intervention or protest to the identified by Docket ID number EPA– with the requirements of the Act. Unless
Federal Energy Regulatory Commission, HQ–OGC–2015–0312, online at EPA or the Department of Justice
888 First Street NE., Washington, DC www.regulations.gov (EPA’s preferred determines that consent to this consent
20426. method); by email to oei.docket@ decree should be withdrawn, the terms
The filings in the above-referenced epa.gov; by mail to EPA Docket Center, of the consent decree will be affirmed.
proceeding(s) are accessible in the Environmental Protection Agency, II. Additional Information About
Commission’s eLibrary system by Mailcode: 2822T, 1200 Pennsylvania Commenting on the Proposed Consent
clicking on the appropriate link in the Ave. NW., Washington, DC 20460–0001;
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Decree
above list. They are also available for or by hand delivery or courier to EPA
review in the Commission’s Public Docket Center, EPA West, Room 3334, A. How can I get a copy of the consent
Reference Room in Washington, DC. 1301 Constitution Ave. NW., decree?
There is an eSubscription link on the Washington, DC, between 8:30 a.m. and The official public docket for this
Web site that enables subscribers to 4:30 p.m. Monday through Friday, action (identified by Docket ID No.
receive email notification when a excluding legal holidays. Comments on EPA–HQ–OGC–2015–0312) contains a
document is added to a subscribed a disk or CD–ROM should be formatted copy of the proposed consent decree.
docket(s). For assistance with any FERC in Word or ASCII file, avoiding the use The official public docket is available

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Document Created: 2015-12-16 07:46:48
Document Modified: 2015-12-16 07:46:48

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 June 12, 2015.
Contact		Karen Bianco, 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 27303