80 FR 31031 - Proposed Settlement Agreement

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 104 (June 1, 2015)

Page Range		31031-31033
FR Document		2015-13127

In accordance with section 113(g) of the Clean Air Act (the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by National Parks Conservation Association, Minnesota Center for Environmental Advocacy, Friends of the Boundary Waters, Voyageurs National Park Association, Fresh Energy, and the Sierra Club (collectively, ``Plaintiffs'') and Intervenor Defendant Northern States Power Company Minnesota, d/b/a Xcel Energy in the United States District Court for the District of Minnesota: National Parks Conservation Association, et al. v. EPA, Civ. No. 12-3043 (D. Minn.). On December 5, 2012, Plaintiffs filed a complaint alleging that the Administrator of the United States Environmental Protection Agency (``EPA'') had failed to perform a mandatory duty to respond to a 2009 letter by the Department of the Interior (``DOI'') certifying that visibility impairment in Minnesota's Voyageurs National Park and Michigan's Isle Royale National Park is reasonably attributable to emissions from Xcel Energy's coal-fired Sherburne County Generating Station (``Sherco'') in Minnesota. The proposed settlement agreement addresses Plaintiffs' claims and establishes a deadline for EPA to take final action to revise the Minnesota Reasonably Attributable Visibility Impairment (``RAVI'') Federal Implementation Plan (``FIP'').

Federal Register, Volume 80 Issue 104 (Monday, June 1, 2015)

[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Notices]
[Pages 31031-31033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13127]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9928-46-OGC]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 113(g) of the Clean Air Act (the 
``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed 
settlement agreement to address a lawsuit filed by National Parks 
Conservation Association, Minnesota Center for Environmental Advocacy, 
Friends of the Boundary Waters, Voyageurs National Park Association, 
Fresh Energy, and the Sierra Club (collectively, ``Plaintiffs'') and 
Intervenor Defendant Northern States Power Company Minnesota, d/b/a 
Xcel Energy in the United States District Court for the District of 
Minnesota: National Parks Conservation Association, et al. v. EPA, Civ. 
No. 12-3043 (D. Minn.). On December 5, 2012, Plaintiffs filed a 
complaint alleging that the Administrator of the United States 
Environmental Protection Agency (``EPA'') had failed to perform a

[[Page 31032]]

mandatory duty to respond to a 2009 letter by the Department of the 
Interior (``DOI'') certifying that visibility impairment in Minnesota's 
Voyageurs National Park and Michigan's Isle Royale National Park is 
reasonably attributable to emissions from Xcel Energy's coal-fired 
Sherburne County Generating Station (``Sherco'') in Minnesota. The 
proposed settlement agreement addresses Plaintiffs' claims and 
establishes a deadline for EPA to take final action to revise the 
Minnesota Reasonably Attributable Visibility Impairment (``RAVI'') 
Federal Implementation Plan (``FIP'').

DATES: Written comments on the proposed settlement agreement must be 
received by July 1, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0347, 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: Matthew C. Marks, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3276; fax number (202) 564-5603; email address: 
marks.matthew@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    On October 21, 2009, DOI provided a letter to EPA in which DOI 
stated ``that there exists reasonably attributable impairment of 
visibility at Voyageurs and Isle Royale due to emissions from the 
Sherco facility.'' On December 5, 2012, Plaintiffs filed their 
complaint in this litigation alleging that, since receiving DOI's 
letter, the Administrator had failed to perform a mandatory duty 
pursuant to 40 CFR 51.302(c)(4)(iii) and (iv) to promulgate a federal 
RAVI best available retrofit technology (``BART'') determination for 
Sherco. In response to the lawsuit, EPA filed an answer on February 1, 
2013, denying that the Administrator has a mandatory duty to promulgate 
RAVI BART for Sherco because EPA has not determined that visibility 
impairment at one or more Class I areas is reasonably attributable to 
emissions from Sherco. On March 25, 2015, Plaintiffs filed an Amended 
Complaint, alleging that the Administrator had failed to perform a 
mandatory duty ``to identify and analyze for BART each existing 
stationary facility which may reasonably be anticipated to cause or 
contribute to impairment of visibility in any mandatory Class I Federal 
area where the impairment in the mandatory Class I Federal area is 
reasonably attributable to that existing stationary facility.''
    The proposed settlement agreement would resolve the lawsuit filed 
by Plaintiffs by establishing that EPA will propose to revise the 
Minnesota RAVI FIP to include specific sulfur dioxide 
(``SO2'') emission limitations for Sherco Units 1, 2, and 3, 
and take final action on the proposal within seven months of the 
effective date of the settlement agreement. The proposed settlement 
agreement also provides that nothing in the agreement shall be 
construed to limit or modify any discretion afforded EPA by the Act or 
by general principles of administrative law in taking those actions. 
See the proposed settlement agreement and attachment for 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 settlement agreement 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 
settlement agreement 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 settlement 
agreement should be withdrawn, the terms of the agreement will be 
affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2015-0347) contains a copy of the proposed settlement 
agreement. 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 the 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

[[Page 31033]]

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 20, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-13127 Filed 5-29-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices 31031

for the proper performance of the the attainment period or in the event the Currently approved total estimated
functions of the agency, including area does not attain the NAAQS by its burden: 175,400 hours (per year).
whether the information will have attainment date. After a state submits an Burden is defined at 5 CFR 1320.03(b).
practical utility; (ii) evaluate the attainment plan, the CAA requires the Total estimated cost: $0 annualized
accuracy of the agency’s estimate of the EPA to approve or disapprove the plan. capital or operation & maintenance
burden of the proposed collection of Tribes may develop or submit costs.
information, including the validity of attainment plans, but are not required to Changes in estimates: The EPA
the methodology and assumptions used; do so. expects there to be a reduction in excess
(iii) enhance the quality, utility, and On January 4, 2013, the U.S. Court of of 50 percent in the total estimated
clarity of the information to be Appeals for the District of Columbia respondent burden compared with the
collected; and (iv) minimize the burden Circuit (DC Circuit) remanded the 2007 information collection that is currently
of the collection of information on those PM2.5 NAAQS Implementation Rule, approved by OMB. This decrease is due
who are to respond, including through concluding that the agency had erred in to the fact that the EPA estimates that
the use of appropriate automated implementing the PM2.5 NAAQS only six areas may be candidates for
electronic, mechanical, or other according to only the general reclassification triggering new submittal
technological collection techniques or nonattainment area planning provisions requirements for the 2006 PM2.5
other forms of information technology, of subpart 1, part D, title I of the CAA, NAAQS, as compared to 31
e.g., permitting electronic submission of rather than in accordance with the PM- nonattainment areas initially designated
responses. The EPA will consider the specific planning requirements of for that NAAQS. In addition, one of the
comments received and amend the ICR subpart 4, part D, title I of the CAA and six areas (San Joaquin Valley, CA)
as appropriate. The final ICR package certain general planning provisions in remains nonattainment for the 1997
will then be submitted to OMB for subpart 1. On March 23, 2015, the EPA PM2.5 NAAQS. The burden estimate,
review and approval. At that time, the detailed in the supporting statement
proposed a new implementation rule
EPA will issue another Federal Register located in the docket for this proposed
(80 FR 15340) consistent with the
notice to announce the submission of renewal, accounts for new SIP revisions
attainment planning requirements under
the ICR to OMB and the opportunity to from states with nonattainment areas
CAA subparts 1 and 4 of part D, title I,
submit additional comments to OMB. potentially subject to reclassification.
that would apply to ongoing
An agency may not conduct or sponsor
implementation efforts by air agencies Dated: May 21, 2015.
and a person is not required to respond
in areas designated nonattainment for Stephen D. Page,
to a collection of information unless it
the 1997 and 2006 PM2.5 NAAQS, as Director, Office of Air Quality Planning and
displays a currently valid OMB control
well as to new efforts in areas recently Standards, Office of Air and Radiation.
number.
Abstract: The final implementation designated nonattainment for the most [FR Doc. 2015–13131 Filed 5–29–15; 8:45 am]
rule for the 1997 PM2.5 NAAQS (2007 recent 2012 PM2.5 NAAQS. As part of its BILLING CODE 6560–50–P
PM2.5 NAAQS Implementation Rule) proposed implementation rule, the EPA
was promulgated on April 25, 2007 (79 also proposed a new ICR to cover the 3-
FR 20586). This rule provided the year period after the ICR is approved by ENVIRONMENTAL PROTECTION
framework of Clean Air Act (CAA) OMB, which would account for both the AGENCY
requirements for air agencies to meet in burden associated with plan revisions
related to ongoing implementation [FRL–9928–46–OGC]
attainment plans to achieve the 1997
PM2.5 NAAQS in designated efforts for the 1997 and 2006 PM2.5 Proposed Settlement Agreement
nonattainment areas. States also applied NAAQS as well as the additional cost
this framework to develop attainment burden to air agencies developing AGENCY: Environmental Protection
plans for areas designated attainment plans for areas designated Agency (EPA).
nonattainment for the 24-hour PM2.5 nonattainment for the 2012 PM2.5 ACTION: Notice of proposed settlement
NAAQS revised by the agency in 2006 NAAQS. Once final, the new ICR will agreement; request for public comment.
(74 FR 58688, November 13, 2009; 76 supersede the existing ICR—for which
FR 6056; February 3, 2011). the EPA is proposing renewal in this SUMMARY: In accordance with section
The ICR originally finalized with the action—for purposes of PM2.5 NAAQS 113(g) of the Clean Air Act (the ‘‘Act’’),
2007 PM2.5 NAAQS Implementation implementation. In the meantime, while 42 U.S.C. 7413(g), notice is hereby given
Rule had estimated, for the 3 years the EPA completes its current of a proposed settlement agreement to
following the ICR approval date, the rulemaking and finalizes the new ICR, address a lawsuit filed by National
burden to air agencies to develop and the agency is hereby proposing a Parks Conservation Association,
submit, and the burden to the EPA to renewal of the existing ICR that would Minnesota Center for Environmental
review and to approve or disapprove, continue to apply during this interim Advocacy, Friends of the Boundary
attainment plans to meet the period. Waters, Voyageurs National Park
requirements prescribed in CAA Respondents/affected entities: State Association, Fresh Energy, and the
sections 110 and part D, subpart 1 of and local governments. Sierra Club (collectively, ‘‘Plaintiffs’’)
title I. A PM2.5 attainment plan contains and Intervenor Defendant Northern
Respondent’s obligation to respond:
rules and other measures designed to States Power Company Minnesota, d/b/
Mandatory.
improve air quality and achieve the a Xcel Energy in the United States
NAAQS by the deadlines established Currently approved estimated number District Court for the District of
Lhorne on DSK2VPTVN1PROD with NOTICES

under the CAA. It also must address of respondents: 95 (total). Minnesota: National Parks Conservation
several additional CAA requirements Frequency of response: Once per Association, et al. v. EPA, Civ. No. 12–
related to demonstrating timely triggering event [i.e., each air agency 3043 (D. Minn.). On December 5, 2012,
attainment, and must contain with a newly-designated nonattainment Plaintiffs filed a complaint alleging that
contingency measures in the event the area or an area reclassified to a higher the Administrator of the United States
nonattainment area does not achieve classification is required to revise its Environmental Protection Agency
reasonable further progress throughout State Implementation Plan (SIP)]. (‘‘EPA’’) had failed to perform a

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Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Notices 31033

on the substance of your comment. Any wishes to comment concerning the trustees; Steven R. Schowalter, Port
identifying or contact information termination of the receivership, such Washington, Wisconsin, individually;
provided in the body of a comment will comment must be made in writing and the Steven R. Schowalter Family
be included as part of the comment that sent within thirty days of the date of Endowment Trust and Steven R.
is placed in the official public docket, this Notice to: Federal Deposit Schowalter as trustee; Sally A. Savatski,
and made available in EPA’s electronic Insurance Corporation, Division of Port Washington, Wisconsin,
public docket. If EPA cannot read your Resolutions and Receiverships, individually; the Sally A. Savatski
comment due to technical difficulties Attention: Receivership Oversight Family Endowment Trust and Sally A.
and cannot contact you for clarification, Department 32.1, 1601 Bryan Street, Savatski as trustee; Wendy P.
EPA may not be able to consider your Dallas, TX 75201. Schowalter, Port Washington,
comment. No comments concerning the Wisconsin, individually; Catherine J.
Use of the www.regulations.gov Web termination of this receivership will be Schowalter, Port Washington,
site to submit comments to EPA considered which are not sent within Wisconsin, individually; Robert A.
electronically is EPA’s preferred method this time frame. Savatski, Port Washington, Wisconsin,
for receiving comments. The electronic Dated: May 27, 2015. individually; James S. Schowalter, Port
public docket system is an ‘‘anonymous Federal Deposit Insurance Corporation. Washington, Wisconsin, individually;
access’’ system, which means EPA will Robert E. Feldman,
Jennifer M. Schowalter, Port
not know your identity, email address, Washington, Wisconsin, individually;
Executive Secretary.
or other contact information unless you Mark D. Schowalter, Catherine J.
[FR Doc. 2015–13121 Filed 5–29–15; 8:45 am]
provide it in the body of your comment. Schowalter, Sally A. Savatski, Robert A.
In contrast to EPA’s electronic public BILLING CODE 6714–01–P Savatski, James S. Schowalter, and
docket, EPA’s electronic mail (email) Jennifer M. Schowalter, each as
system is not an ‘‘anonymous access’’ custodians under UGMA for certain
system. If you send an email comment FEDERAL RESERVE SYSTEM Schowalter grandchildren, all of Port
directly to the Docket without going Washington, Wisconsin; Tracy N.
through www.regulations.gov, your Change in Bank Control Notices; Schowalter-Braun and Justin P. Braun,
email address is automatically captured Acquisitions of Shares of a Bank or individually and as custodians under
and included as part of the comment Bank Holding Company UGMA for certain Schowalter great-
that is placed in the official public The notificants listed below have grandchildren, all of Cedarburg,
docket, and made available in EPA’s applied under the Change in Bank Wisconsin; and the Schowalter
electronic public docket. Control Act (12 U.S.C. 1817(j)) and Grandchildren’s Trust, with Legacy
Dated: May 20, 2015. § 225.41 of the Board’s Regulation Y (12 Private Trust Company, as trustee, all of
Lorie J. Schmidt, CFR 225.41) to acquire shares of a bank Neenah, Wisconsin; to retain voting
or bank holding company. The factors shares of Port Bancshares, Inc., and
Associate General Counsel.
that are considered in acting on the thereby indirectly retain voting shares of
[FR Doc. 2015–13127 Filed 5–29–15; 8:45 am]
notices are set forth in paragraph 7 of Port Washington State Bank, both in
BILLING CODE 6560–50–P Port Washington, Wisconsin.
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for Board of Governors of the Federal Reserve
immediate inspection at the Federal System, May 27, 2015.
FEDERAL DEPOSIT INSURANCE
Reserve Bank indicated. The notices Michael J. Lewandowski,
CORPORATION
also will be available for inspection at Associate Secretary of the Board.
Notice to all Interested Parties of the the offices of the Board of Governors. [FR Doc. 2015–13091 Filed 5–29–15; 8:45 am]
Termination of the Receivership of Interested persons may express their BILLING CODE 6210–01–P
10274, NorthWest Bank and Trust, views in writing to the Reserve Bank
Acworth, Georgia indicated for that notice or to the offices
of the Board of Governors. Comments DEPARTMENT OF HEALTH AND
Notice is hereby given that the Federal must be received not later than June 16, HUMAN SERVICES
Deposit Insurance Corporation (‘‘FDIC’’) 2015.
as Receiver for NorthWest Bank and A. Federal Reserve Bank of Chicago Centers for Disease Control and
Trust, Acworth, Georgia (‘‘the (Colette A. Fried, Assistant Vice Prevention
Receiver’’) intends to terminate its President) 230 South LaSalle Street,
receivership for said institution. The Chicago, Illinois 60690–1414: Meeting of the Community Preventive
FDIC was appointed receiver of 1. Ronald J. and Elizabeth A. Services Task Force (Task Force)
NorthWest Bank and Trust on July 30, Schowalter Living Trust, with Ronald J. AGENCY: Centers for Disease Control and
2010. The liquidation of the Schowalter and Elizabeth A. Schowalter Prevention (CDC), Department of Health
receivership assets has been completed. as co-trustees, all of Port Washington, and Human Services (HHS).
To the extent permitted by available Wisconsin; and the Ronald J. and ACTION: Notice of meeting.
funds and in accordance with law, the Elizabeth A. Schowalter Living Trust,
Receiver will be making a final dividend together as a group acting in concert SUMMARY: The Centers for Disease
payment to proven creditors. with Mark D. Schowalter, Port Control and Prevention (CDC)
Based upon the foregoing, the Washington, Wisconsin, individually; announces the next meeting of the
Lhorne on DSK2VPTVN1PROD with NOTICES

Receiver has determined that the the Mark D. Schowalter Family Community Preventive Services Task
continued existence of the receivership Endowment Trust and Mark D. Force (Task Force). The Task Force is an
will serve no useful purpose. Schowalter as trustee; the Schowalter independent, nonpartisan, nonfederal,
Consequently, notice is given that the Trusts f/b/o Steven R. Schowalter, Mark and unpaid panel. Its members
receivership shall be terminated, to be D. Schowalter, and Sally R. Savatski, represent a broad range of research,
effective no sooner than thirty days after with Steven R. Schowalter, Mark D. practice, and policy expertise in
the date of this Notice. If any person Schowalter, and Sally A. Savatski as co- prevention, wellness, health promotion,

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Document Created: 2015-12-15 15:18:43
Document Modified: 2015-12-15 15:18:43

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 settlement agreement; request for public comment.
Dates		Written comments on the proposed settlement agreement must be received by July 1, 2015.
Contact		Matthew C. Marks, 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 31031