80 FR 35951 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 120 (June 23, 2015)

Page Range		35951-35952
FR Document		2015-15460

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 the Environmental Integrity Project: Environmental Integrity Project v. McCarthy, No. 1:14-cv-2106 (RC) (D. D.C.). On December 12, 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 two petitions submitted by the Environmental Integrity Project on May 19, 2014, requesting that EPA object to two CAA Title V permits issued by the Texas Commission on Environmental Quality (``TCEQ'') to the Shell Chemical Company and the Shell Oil Company authorizing the operation of the Deer Park Chemical Plant and the Deer Park Refinery, respectively, located in Harris County, Texas. The proposed consent decree would establish a deadline of August 21, 2015, for EPA to take such action.

Federal Register, Volume 80 Issue 120 (Tuesday, June 23, 2015)

[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Notices]
[Pages 35951-35952]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15460]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9929-53-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 the Environmental 
Integrity Project: Environmental Integrity Project v. McCarthy, No. 
1:14-cv-2106 (RC) (D. D.C.). On December 12, 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 two petitions submitted by the Environmental Integrity 
Project on May 19, 2014, requesting that EPA object to two CAA Title V 
permits issued by the Texas Commission on Environmental Quality 
(``TCEQ'') to the Shell Chemical Company and the Shell Oil Company 
authorizing the operation of the Deer Park Chemical Plant and the Deer 
Park Refinery, respectively, located in Harris County, Texas. The 
proposed consent decree would establish a deadline of August 21, 2015, 
for EPA to take such action.

DATES: Written comments on the proposed consent decree must be received 
by July 23, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0364, 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: Richard H. Vetter, Air and Radiation 
Law Office, Office of General Counsel, U.S. Environmental Protection 
Agency, c/o US/EPA/OAQPS/SPPD/IO D205-01, Research Triangle Park, North 
Carolina 27711; telephone: (919) 541-2127; fax number (919) 541-4991; 
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 
Environmental Integrity Project 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 petitions filed by the Environmental Integrity Project 
regarding Shell Chemical Company's Deer Park Chemical Plant and Shell 
Oil Company's Deer Park Refinery, both located in Harris County, Texas, 
pursuant to section 505(b)(2) of the CAA, on or before August 21, 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

[[Page 35952]]

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-2015-0364) 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 
(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: June 15, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-15460 Filed 6-22-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Notices 35951

natural gas (LNG) pathway and Respondent’s obligation to respond: DATES: Written comments on the
amendments to various associated Mandatory. proposed consent decree must be
registration, recordkeeping, and Estimated number of respondents: 60 received by July 23, 2015.
reporting provisions. The final (total). ADDRESSES: Submit your comments,
regulation includes a lifecycle Frequency of response: Quarterly, identified by Docket ID number EPA–
greenhouse gas emissions analysis for annually, on occasion. HQ–OGC–2015–0364, online at
renewable electricity, renewable diesel Total estimated burden: 8,889 hours www.regulations.gov (EPA’s preferred
and naphtha produced from landfill (per year). Burden is defined at 5 CFR method); by email to oei.docket@
biogas. Adding these new pathways will 1320.03(b). epa.gov; by mail to EPA Docket Center,
enhance the ability of the biofuels Total estimated cost: $1,081,415 (per Environmental Protection Agency,
industry to supply advanced biofuels, year), includes $0 annualized capital or Mailcode: 2822T, 1200 Pennsylvania
including cellulosic biofuels, which operation & maintenance costs. Ave. NW., Washington, DC 20460–0001;
greatly reduce the greenhouse gas Changes in Estimates EPA estimates or by hand delivery or courier to EPA
emissions (GHG) compared to the yearly 60 respondents and 8,889 burden Docket Center, EPA West, Room 3334,
petroleum-based fuels they replace. It hours which will cost industry 1301 Constitution Ave. NW.,
also addresses ‘‘nameplate capacity’’ $1,081,415. This is a new collection Washington, DC, between 8:30 a.m. and
issues for certain production facilities with no industry cost for comparison. 4:30 p.m. Monday through Friday,
that do not claim exemption from the 20 excluding legal holidays. Comments on
Dated: June 15, 2015.
percent GHG reduction threshold. In the a disk or CD–ROM should be formatted
accompanying final rule for this ICR, Byron Bunker,
in Word or ASCII file, avoiding the use
EPA addressed issues related to crop Director, Compliance Division, Office of
of special characters and any form of
residue and corn kernel fiber and Transportation and Air Quality, Office of Air
and Radiation. encryption, and may be mailed to the
finalized an approach to determining mailing address above.
[FR Doc. 2015–15467 Filed 6–22–15; 8:45 am]
the volume of cellulosic Renewable FOR FURTHER INFORMATION CONTACT:
Identification Numbers (RIN’s) BILLING CODE 6560–50–P
Richard H. Vetter, Air and Radiation
produced from various cellulosic Law Office, Office of General Counsel,
feedstocks. We also included a lifecycle U.S. Environmental Protection Agency,
ENVIRONMENTAL PROTECTION
analysis of advanced butanol and c/o US/EPA/OAQPS/SPPD/IO D205–01,
AGENCY
discussed the potential to allow for Research Triangle Park, North Carolina
commingling of compliant products at 27711; telephone: (919) 541–2127; fax
the retail facility level as long as the [FRL–9929–53–OGC]
number (919) 541–4991; email address:
environmental performance of the fuels vetter.rick@epa.gov.
would not be detrimental. Several other Proposed Consent Decree, Clean Air
Act Citizen Suit SUPPLEMENTARY INFORMATION:
amendments to the RFS2 program were
included. AGENCY: Environmental Protection I. Additional Information About the
In the final rule, EPA also amended Agency (EPA). Proposed Consent Decree
various changes to the E15 (gasoline ACTION: Notice of proposed consent The proposed consent decree would
containing up to 15 volume percent decree; request for public comment. resolve a lawsuit filed by the
ethanol) mis-fueling mitigation Environmental Integrity Project seeking
regulations (MMR) at 40 CFR part 80, SUMMARY: In accordance with section to compel the Administrator to take
subpart N. Among the E15 changes 113(g) of the Clean Air Act, as amended actions under CAA section 505(b)(2).
finalized were technical corrections and (‘‘CAA’’ or the ‘‘Act’’), notice is hereby Under the terms of the proposed
amendments to sections dealing with given of a proposed consent decree to consent decree, EPA would agree to sign
labeling, E15 surveys, product transfer address a lawsuit filed by the its response granting or denying the
documents, and prohibited acts. Environmental Integrity Project: petitions filed by the Environmental
Technical amendments and corrections Environmental Integrity Project v. Integrity Project regarding Shell
for this regulations had no bearings on McCarthy, No. 1:14-cv-2106 (RC) (D. Chemical Company’s Deer Park
the industry estimates. D.C.). On December 12, 2014, Plaintiff Chemical Plant and Shell Oil
Lastly, EPA finalized changes to the filed a complaint alleging that Gina Company’s Deer Park Refinery, both
survey requirements associated with the McCarthy, in her official capacity as located in Harris County, Texas,
ultra-low sulfur diesel (ULSD) program. Administrator of the United States pursuant to section 505(b)(2) of the
This change is not addressed here Environmental Protection Agency CAA, on or before August 21, 2015.
because there are fewer than nine (‘‘EPA’’), failed to perform a non- Under the terms of the proposed
respondents. discretionary duty to grant or deny consent decree, EPA would
Form Numbers: 2 within 60 days two petitions submitted expeditiously deliver notice of EPA’s
RFS1700–RFS2 Renewable Fuel by the Environmental Integrity Project response to the Office of the Federal
Producers—Cellulosic Converted on May 19, 2014, requesting that EPA Register for review and publication
Fraction—5900–362 object to two CAA Title V permits following signature of such response. In
RFS1300–RFS2 Renewable Fuel issued by the Texas Commission on addition, the proposed consent decree
Producers Using Crop Residue as a Environmental Quality (‘‘TCEQ’’) to the outlines the procedure for the Plaintiffs
mstockstill on DSK4VPTVN1PROD with NOTICES

Feedstock Report—5900–262 Shell Chemical Company and the Shell to request costs of litigation, including
Respondents/affected entities: Oil Company authorizing the operation attorney fees.
Producers of renewable fuels, Producers of the Deer Park Chemical Plant and the For a period of thirty (30) days
of renewable electricity, Importers of Deer Park Refinery, respectively, located following the date of publication of this
renewable fuels, Feedstock producers in Harris County, Texas. The proposed notice, EPA will accept written
from waste treatment plants, Feedstock consent decree would establish a comments relating to the proposed
producers from landfills, Parties who deadline of August 21, 2015, for EPA to consent decree from persons who are
own RINS’s. take such action. not named as parties or intervenors to

VerDate Sep<11>2014 18:39 Jun 22, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1

Document Created: 2018-02-22 11:15:35
Document Modified: 2018-02-22 11:15:35

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 July 23, 2015.
Contact		Richard H. Vetter, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency, c/o US/EPA/OAQPS/SPPD/IO D205-01, Research Triangle Park, North Carolina 27711; telephone: (919) 541-2127; fax number (919) 541-4991;
FR Citation		80 FR 35951