80 FR 36335 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 121 (June 24, 2015)

Page Range		36335-36336
FR Document		2015-15523

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 Center for Biological Diversity in the United States District Court for the District of Columbia: Center for Biological Diversity v. McCarthy, Civil Action No. 15-cv-00268 TFH (D. DC). On February 24, 2015, Plaintiff filed a complaint. Plaintiff alleged that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a mandatory duty to promulgate a federal implementation plan (``FIP'') addressing certain requirements of the Clean Air Act to implement the 2006 fine particulate matter (``PM<INF>2.5</INF>'') National Ambient Air Quality Standard (``NAAQS'') for Puerto Rico, Iowa, and Washington. The proposed consent decree would establish deadlines for EPA to take certain specified actions.

Federal Register, Volume 80 Issue 121 (Wednesday, June 24, 2015)

[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36335-36336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15523]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9929-62-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 the Center for Biological 
Diversity in the United States District Court for the District of 
Columbia: Center for Biological Diversity v. McCarthy, Civil Action No. 
15-cv-00268 TFH (D. DC). On February 24, 2015, Plaintiff filed a 
complaint. Plaintiff alleged that Gina McCarthy, in her official 
capacity as Administrator of the United States Environmental Protection 
Agency (``EPA''), failed to perform a mandatory duty to promulgate a 
federal implementation plan (``FIP'') addressing certain requirements 
of the Clean Air Act to implement the 2006 fine particulate matter 
(``PM2.5'') National Ambient Air Quality Standard 
(``NAAQS'') for Puerto Rico, Iowa, and Washington. The proposed consent 
decree would establish deadlines for EPA to take certain specified 
actions.

DATES: Written comments on the proposed partial consent decree must be 
received by July 24, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number OGC-
2015-0416, 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: 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: 
bianco.karen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Center for Biological Diversity seeking to compel the Administrator to 
take actions under CAA section 110(c)(1). The February 24, 2015 
complaint alleged that EPA has a mandatory duty to promulgate a FIP to 
satisfy the requirements of Clean Air Act Section 110, 42 U.S.C. 
7410(a)(2)(A)-(C); (D)(i)(II) (Prevention of Significant Deterioration 
prong only); (E)-(H); and (J)-(M) to implement the 2006 
PM2.5 NAAQS. Under the terms of the proposed consent decree, 
EPA would agree to take certain specified actions no later than April 
1, 2016, for Puerto Rico and no later than September 30, 2016, for Iowa 
for the 2006 PM2.5 NAAQS. In addition, the proposed consent 
decree outlines the procedure for the Plaintiff to request costs of 
litigation, including attorney fees. 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 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 proposed 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 OGC-2015-
0416) 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 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

[[Page 36336]]

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 17, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-15523 Filed 6-23-15; 8:45 am]
 BILLING CODE 6560-50-P

36336 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Notices

marked ‘‘late.’’ EPA is not required to statutory standard for registration, that I. General Information
consider these late comments. is, the pesticide can perform its
A. Does this action apply to me?
If you submit an electronic comment, intended function without unreasonable
EPA recommends that you include your adverse effects on human health or the This action is directed to the public
name, mailing address, and an email environment. Registration review in general, and may be of interest to a
address or other contact information in dockets contain information that will wide range of stakeholders including
the body of your comment and with any assist the public in understanding the environmental, human health,
disk or CD ROM you submit. This types of information and issues that the farmworker, and agricultural advocates;
ensures that you can be identified as the Agency may consider during the course the chemical industry; pesticide users;
submitter of the comment and allows of registration reviews. Through this and members of the public interested in
EPA to contact you in case EPA cannot program, EPA is ensuring that each the sale, distribution, or use of
read your comment due to technical pesticide’s registration is based on pesticides. Since others also may be
difficulties or needs further information current scientific and other knowledge, interested, the Agency has not
on the substance of your comment. Any including its effects on human health attempted to describe all the specific
identifying or contact information and the environment. This document entities that may be affected by this
provided in the body of a comment will also announces the Agency’s intent not action.
be included as part of the comment that to open registration review dockets for B. What should I consider as I prepare
is placed in the official public docket, pyrazon, trypsin modulating oostatic my comments for EPA?
and made available in EPA’s electronic factor, and xanthine and oxypurinol.
public docket. If EPA cannot read your These pesticides do not currently have 1. Submitting CBI. Do not submit this
comment due to technical difficulties any actively registered pesticide information to EPA through
and cannot contact you for clarification, products and are not, therefore, regulations.gov or email. Clearly mark
EPA may not be able to consider your scheduled for review under the the part or all of the information that
comment. registration review program. you claim to be CBI. For CBI
Use of the www.regulations.gov Web information in a disk or CD–ROM that
DATES: Comments must be received on
site to submit comments to EPA you mail to EPA, mark the outside of the
or before August 24, 2015. disk or CD–ROM as CBI and then
electronically is EPA’s preferred method ADDRESSES: Submit your comments
for receiving comments. The electronic identify electronically within the disk or
identified by the docket identification CD–ROM the specific information that
public docket system is an ‘‘anonymous (ID) number for the specific pesticide of
access’’ system, which means EPA will is claimed as CBI. In addition to one
interest provided in the table in Unit complete version of the comment that
not know your identity, email address, III.A., by one of the following methods: includes information claimed as CBI, a
or other contact information unless you • Federal eRulemaking Portal: http:// copy of the comment that does not
provide it in the body of your comment. www.regulations.gov. Follow the online
In contrast to EPA’s electronic public contain the information claimed as CBI
instructions for submitting comments. must be submitted for inclusion in the
docket, EPA’s electronic mail (email) Do not submit electronically any
system is not an ‘‘anonymous access’’ public docket. Information so marked
information you consider to be will not be disclosed except in
system. If you send an email comment Confidential Business Information (CBI)
directly to the Docket without going accordance with procedures set forth in
or other information whose disclosure is 40 CFR part 2.
through www.regulations.gov, your restricted by statute. 2. Tips for preparing your comments.
email address is automatically captured • Mail: OPP Docket, Environmental When preparing and submitting your
and included as part of the comment Protection Agency Docket Center (EPA/ comments, see the commenting tips at
that is placed in the official public DC), (28221T), 1200 Pennsylvania Ave. http://www.epa.gov/dockets/
docket, and made available in EPA’s NW., Washington, DC 20460–0001. comments.html.
electronic public docket. • Hand Delivery: To make special 3. Environmental justice. EPA seeks to
Dated: June 17, 2015. arrangements for hand delivery or achieve environmental justice, the fair
Lorie J. Schmidt, delivery of boxed information, please treatment and meaningful involvement
Associate General Counsel.
follow the instructions at http:// of any group, including minority and/or
www.epa.gov/dockets/contacts.html. low income populations, in the
[FR Doc. 2015–15523 Filed 6–23–15; 8:45 am]
Additional instructions on development, implementation, and
BILLING CODE 6560–50–P
commenting or visiting the docket, enforcement of environmental laws,
along with more information about regulations, and policies. To help
dockets generally, is available at address potential environmental justice
ENVIRONMENTAL PROTECTION
http://www.epa.gov/dockets. issues, the Agency seeks information on
AGENCY
FOR FURTHER INFORMATION CONTACT: For any groups or segments of the
[EPA–HQ–OPP–2015–0385; FRL–9929–21] pesticide specific information contact: population who, as a result of their
The person identified as a contact in the location, cultural practices, or other
Registration Review; Dockets Opened table in Unit III.A. Also include the
for Review and Comment factors, may have atypical or
docket ID number listed in the table in disproportionately high and adverse
AGENCY: Environmental Protection Unit III.A. for the pesticide of interest. human health impacts or environmental
Agency (EPA). For general information contact: effects from exposure to the pesticides
ACTION: Notice.
Richard Dumas, Pesticide Re-Evaluation discussed in this document, compared
tkelley on DSK3SPTVN1PROD with NOTICES

Division (7508P), Office of Pesticide to the general population.
SUMMARY: With this document, EPA is Programs, Environmental Protection
opening the public comment period for Agency, 1200 Pennsylvania Ave. NW., II. Authority
several registration reviews. Registration Washington, DC 20460–0001; telephone EPA is initiating its reviews of the
review is EPA’s periodic review of number: (703) 308–8015; email address: pesticides identified in this document
pesticide registrations to ensure that dumas.richard@epa.gov. pursuant to section 3(g) of the Federal
each pesticide continues to satisfy the SUPPLEMENTARY INFORMATION: Insecticide, Fungicide, and Rodenticide

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Document Created: 2015-12-15 14:09:21
Document Modified: 2015-12-15 14:09:21

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 partial consent decree must be received by July 24, 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 36335