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

ENVIRONMENTAL PROTECTION AGENCY

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

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


=======================================================================
-----------------------------------------------------------------------

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.

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

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 [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 
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