80 FR 38444 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range		38444-38445
FR Document		2015-16511

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 and California Communities Against Toxics (collectively ``Plaintiffs''): Sierra Club, et al. v. EPA, No. 13-1639 (D. DC). In this lawsuit, Plaintiffs allege that EPA has failed to review, and revise if necessary, the national emission standards for hazardous air pollutants (``NESHAP'') for publicly owned treatment works (``POTWs'') within eight years of initial promulgation. They also allege that EPA failed to promulgate ``residual risk'' standards for POTWs or to determine that residual risk standards for POTWs are not necessary within eight years of initial promulgation of the NESHAP. The proposed consent decree establishes deadlines for EPA to take proposed and final action for meeting EPA's obligations under the applicable CAA provisions.

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38444-38445]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16511]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9930-06-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 Sierra Club and California 
Communities Against Toxics (collectively ``Plaintiffs''): Sierra Club, 
et al. v. EPA, No. 13-1639 (D. DC). In this lawsuit, Plaintiffs allege 
that EPA has failed to review, and revise if necessary, the national 
emission standards for hazardous air pollutants (``NESHAP'') for 
publicly owned treatment works (``POTWs'') within eight years of 
initial promulgation. They also allege that EPA failed to promulgate 
``residual risk'' standards for POTWs or to determine that residual 
risk standards for POTWs are not necessary within eight years of 
initial promulgation of the NESHAP. The proposed consent decree 
establishes deadlines for EPA to take proposed and final action for 
meeting EPA's obligations under the applicable CAA provisions.

DATES: Written comments on the proposed consent decree must be received 
by August 5, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0430, 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: Scott Jordan, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-7508; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Under sections 112(d)(6) and 112(f)(2) of the CAA, EPA has a 
mandatory duty to take actions relative to the review/revision of 
national emission standards for hazardous air pollutants (``NESHAP'') 
within eight years of the issuance of such standards. The proposed 
consent decree would resolve a deadline suit filed by Plaintiffs 
alleging EPA's failure to take the above actions within eight years of 
issuing the NESHAP for the POTW source category (40 CFR part 63, 
subpart VVV). The proposed consent decree establishes that EPA will 
propose action by December 8, 2016 and take final action by October 16, 
2017. See the proposed consent decree for further 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

[[Page 38445]]

consent decree from persons who were not named as parties or 
interveners 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 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-2015-0430) 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, information that is claimed 
as confidential business information (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 25, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-16511 Filed 7-2-15; 8:45 am]
 BILLING CODE 6560-50-P

38444 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

Accession Number: 20150629–5067. Accession Number: 20150629–5205. eight years of initial promulgation. They
Comments Due: 5 p.m. ET 7/20/15. Comments Due: 5 p.m. ET 7/20/15. also allege that EPA failed to promulgate
Docket Numbers: ER15–2052–000. Docket Numbers: ER15–2059–000. ‘‘residual risk’’ standards for POTWs or
Applicants: Occidental Power Applicants: New York Independent to determine that residual risk standards
Marketing, L.P. System Operator, Inc. for POTWs are not necessary within
Description: Market-Based Triennial Description: § 205(d) Rate Filing: eight years of initial promulgation of the
Review Filing: Updated Market Power NYISO 205 filing re: Public Policy NESHAP. The proposed consent decree
Analysis to be effective 6/30/2015. Transmission Planning Process to be establishes deadlines for EPA to take
Filed Date: 6/29/15. effective 8/28/2015. proposed and final action for meeting
Accession Number: 20150629–5079. Filed Date: 6/29/15. EPA’s obligations under the applicable
Comments Due: 5 p.m. ET 8/28/15. Accession Number: 20150629–5223. CAA provisions.
Docket Numbers: ER15–2053–000. Comments Due: 5 p.m. ET 7/20/15. DATES: Written comments on the
Applicants: Occidental Power The filings are accessible in the proposed consent decree must be
Services, Inc. Commission’s eLibrary system by received by August 5, 2015.
Description: Market-Based Triennial clicking on the links or querying the ADDRESSES: Submit your comments,
Review Filing: Updated Market Power docket number. identified by Docket ID number EPA–
Analysis to be effective 6/30/2015. Any person desiring to intervene or HQ–OGC–2015–0430, online at
Filed Date: 6/29/15. protest in any of the above proceedings www.regulations.gov (EPA’s preferred
Accession Number: 20150629–5081. must file in accordance with Rules 211 method); by email to oei.docket@
Comments Due: 5 p.m. ET 8/28/15. and 214 of the Commission’s epa.gov; by mail to EPA Docket Center,
Docket Numbers: ER15–2054–000. Regulations (18 CFR 385.211 and Environmental Protection Agency,
Applicants: Occidental Chemical 385.214) on or before 5:00 p.m. Eastern Mailcode: 2822T, 1200 Pennsylvania
Corporation. time on the specified comment date. Ave. NW., Washington, DC 20460–0001;
Description: Market-Based Triennial Protests may be considered, but or by hand delivery or courier to EPA
Review Filing: Updated Market Power intervention is necessary to become a Docket Center, EPA West, Room 3334,
Analysis to be effective 6/30/2015. party to the proceeding. 1301 Constitution Ave. NW.,
Filed Date: 6/29/15. eFiling is encouraged. More detailed Washington, DC, between 8:30 a.m. and
Accession Number: 20150629–5082. information relating to filing 4:30 p.m. Monday through Friday,
Comments Due: 5 p.m. ET 8/28/15. requirements, interventions, protests, excluding legal holidays. Comments on
Docket Numbers: ER15–2055–000. service, and qualifying facilities filings a disk or CD–ROM should be formatted
Applicants: Combined Locks Energy can be found at: http://www.ferc.gov/ in Word or ASCII file, avoiding the use
Center, LLC. docs-filing/efiling/filing-req.pdf. For of special characters and any form of
Description: Market-Based Triennial other information, call (866) 208–3676 encryption, and may be mailed to the
Review Filing: IEG Triennial MBR (toll free). For TTY, call (202) 502–8659. mailing address above.
Update in Docket Nos. ER10–1894, Dated: June 29, 2015. FOR FURTHER INFORMATION CONTACT:
1882, 3036 and 3042 to be effective 8/ Nathaniel J. Davis, Sr.,
Scott Jordan, Air and Radiation Law
25/2015. Office (2344A), Office of General
Deputy Secretary.
Filed Date: 6/29/15. Counsel, U.S. Environmental Protection
[FR Doc. 2015–16437 Filed 7–2–15; 8:45 am]
Accession Number: 20150629–5140. Agency, 1200 Pennsylvania Ave. NW.,
BILLING CODE 6717–01–P Washington, DC 20460; telephone: (202)
Comments Due: 5 p.m. ET 8/28/15.
Docket Numbers: ER15–2056–000. 564–7508; email address: jordan.scott@
Applicants: Upper Peninsula Power epa.gov.
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
Company.
AGENCY
Description: Market-Based Triennial I. Additional Information About the
Review Filing: UPPCo Triennial MBR [FRL–9930–06–OGC] Proposed Consent Decree
Update and Request for Category 1
Proposed Consent Decree, Clean Air Under sections 112(d)(6) and 112(f)(2)
Seller Status to be effective 8/28/2015.
Act Citizen Suit of the CAA, EPA has a mandatory duty
Filed Date: 6/29/15.
to take actions relative to the review/
Accession Number: 20150629–5151.
AGENCY: Environmental Protection revision of national emission standards
Comments Due: 5 p.m. ET 8/28/15.
Agency (EPA). for hazardous air pollutants
Docket Numbers: ER15–2057–000. (‘‘NESHAP’’) within eight years of the
ACTION: Notice of proposed consent
Applicants: Tanner Street Generation, issuance of such standards. The
decree; request for public comment.
LLC. proposed consent decree would resolve
Description: § 205(d) Rate Filing: CIS SUMMARY: In accordance with section a deadline suit filed by Plaintiffs
with Cat 1 Seller Request re NE to be 113(g) of the Clean Air Act, as amended, alleging EPA’s failure to take the above
effective 6/30/2015. (‘‘CAA’’ or the ‘‘Act’’), notice is hereby actions within eight years of issuing the
Filed Date: 6/29/15. given of a proposed consent decree to NESHAP for the POTW source category
Accession Number: 20150629–5171. address a lawsuit filed by Sierra Club (40 CFR part 63, subpart VVV). The
Comments Due: 5 p.m. ET 7/20/15. and California Communities Against proposed consent decree establishes
Docket Numbers: ER15–2058–000. Toxics (collectively ‘‘Plaintiffs’’): Sierra that EPA will propose action by
Lhorne on DSK7TPTVN1PROD with NOTICES

Applicants: PJM Interconnection, Club, et al. v. EPA, No. 13–1639 (D. DC). December 8, 2016 and take final action
L.L.C. In this lawsuit, Plaintiffs allege that EPA by October 16, 2017. See the proposed
Description: § 205(d) Rate Filing: First has failed to review, and revise if consent decree for further details.
Revised Service Agreement No. 1570; necessary, the national emission For a period of thirty (30) days
Queue No. Z2–029 to be effective 5/29/ standards for hazardous air pollutants following the date of publication of this
2015. (‘‘NESHAP’’) for publicly owned notice, the Agency will accept written
Filed Date: 6/29/15. treatment works (‘‘POTWs’’) within comments relating to the proposed

VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1

Document Created: 2015-12-15 13:17:10
Document Modified: 2015-12-15 13:17:10

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 August 5, 2015.
Contact		Scott Jordan, 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 38444