80_FR_57361 80 FR 57178 - Proposed Consent Decree, Clean Air Act Citizen Suit

80 FR 57178 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 183 (September 22, 2015)

Page Range57178-57179
FR Document2015-24099

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 WildEarth Guardians, HEAL Utah, National Parks Conservation Association, and Sierra Club (collectively, ``Plaintiffs''): Wildearth Guardians, et al. v. EPA, No. 1:15-cv-00630 (D. CO). In 2012, EPA issued a rule partially disapproving a revision to a state implementation plan (SIP) submitted by Utah to address the State's ``best available retrofit technology'' (``BART'') determination for Units 1 and 2 of the Hunter power plant and Units 1 and 2 of the Huntingdon power plant. In its lawsuit, Plaintiffs alleged that EPA has failed to meet the requirement of the Clean Air Act that the Agency promulgate a federal implementation plan (FIP) within two years of partially disapproving a SIP, in whole or in part. The proposed consent decree establishes proposed and final deadlines for EPA to take action to meet its obligations with respect to Utah.

Federal Register, Volume 80 Issue 183 (Tuesday, September 22, 2015) 
[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Pages 57178-57179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24099]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2015-0636; FRL-9934-48-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 WildEarth Guardians, HEAL 
Utah, National Parks Conservation Association, and Sierra Club 
(collectively, ``Plaintiffs''): Wildearth Guardians, et al. v. EPA, No. 
1:15-cv-00630 (D. CO). In 2012, EPA issued a rule partially 
disapproving a revision to a state implementation plan (SIP) submitted 
by Utah to address the State's ``best available retrofit technology'' 
(``BART'') determination for Units 1 and 2 of the Hunter power plant 
and Units 1 and 2 of the Huntingdon power plant. In its lawsuit, 
Plaintiffs alleged that EPA has failed to meet the requirement of the 
Clean Air Act that the Agency promulgate a federal implementation plan 
(FIP) within two years of partially disapproving a SIP, in whole or in 
part. The proposed consent decree establishes proposed and final 
deadlines for EPA to take action to meet its obligations with respect 
to Utah.

DATES: Written comments on the proposed consent decree must be received 
by October 22, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0636, 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: M. Lea Anderson, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5571; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    On October 30, 2012, EPA partially disapproved a revision to the 
Utah SIP intended to address the regional haze requirements of the 
Clean Air Act. 77 FR 74355 (Dec. 14, 2012). When EPA disapproves a SIP 
submission in whole or in part, section 110(c) of the Act requires EPA 
to promulgate a FIP within two years unless the State corrects the 
deficiency and EPA approves the plan revision. On July 22, 2015, 
Plaintiffs filed an amended consolidated complaint in the United States 
District Court for the Northern District of Colorado alleging that EPA 
had failed to promulgate a FIP for Utah as required by the Clean Air 
Act.
    The proposed consent decree would resolve the lawsuit filed by 
Plaintiffs by establishing that EPA must take proposed action by 
November 19, 2015 and final action by March 31, 2016, to address the 
deficiencies in Utah's SIP revision regarding the State's BART 
determination for Units 1 and 2 of the Hunter power plant and Units 1 
and 2 of the Huntingdon power plant. 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 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 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-2015-0636) 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

[[Page 57179]]

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: September 14, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-24099 Filed 9-21-15; 8:45 am]
BILLING CODE 6560-50-P

57178 Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Notices • By courier. Document Processing DATES: Written comments on the consent decree from persons who were Desk (REGFEE), Office of Pesticide proposed consent decree must be not named as parties or intervenors to Programs, U.S. Environmental received by October 22, 2015. the litigation in question. EPA or the Protection Agency, Room S–4400, One ADDRESSES: Submit your comments, Department of Justice may withdraw or Potomac Yard (South Bldg.), 2777 S. identified by Docket ID number EPA– withhold consent to the proposed Crystal Drive, Arlington, VA 22202– HQ–OGC–2015–0636, online at consent decree if the comments disclose 4501. www.regulations.gov (EPA’s preferred facts or considerations that indicate that Couriers and delivery personnel must method); by email to oei.docket@ such consent is inappropriate, present a valid picture identification epa.gov; by mail to EPA Docket Center, improper, inadequate, or inconsistent card to gain access to the building. Environmental Protection Agency, with the requirements of the Act. Unless Hours of operation for the Document Mailcode: 2822T, 1200 Pennsylvania EPA or the Department of Justice Processing Desk are 8 a.m. to 4:30 p.m., Ave. NW., Washington, DC 20460–0001; determines that consent to this consent Monday through Friday, excluding or by hand delivery or courier to EPA decree should be withdrawn, the terms Federal holidays. Docket Center, EPA West, Room 3334, of the decree will be affirmed. List of Subjects 1301 Constitution Ave. NW., II. Additional Information About Washington, DC, between 8:30 a.m. and Commenting on the Proposed Consent Environmental protection, 4:30 p.m. Monday through Friday, Decree Administrative practice and procedure, excluding legal holidays. Comments on Pesticides. a disk or CD–ROM should be formatted A. How can I get a copy of the consent Dated: September 15, 2015. in Word or ASCII file, avoiding the use decree? Marty Monell, of special characters and any form of The official public docket for this Acting Director, Office of Pesticide Programs. encryption, and may be mailed to the action (identified by Docket ID No. mailing address above. EPA–HQ–OGC–2015–0636) contains a [FR Doc. 2015–24064 Filed 9–21–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: M. copy of the proposed consent decree. BILLING CODE 6560–50–P Lea Anderson, Air and Radiation Law The official public docket is available Office (2344A), Office of General for public viewing at the Office of ENVIRONMENTAL PROTECTION Counsel, U.S. Environmental Protection Environmental Information (OEI) Docket AGENCY Agency, 1200 Pennsylvania Ave. NW., in the EPA Docket Center, EPA West, Washington, DC 20460; telephone: (202) Room 3334, 1301 Constitution Ave. 564–5571; fax number (202) 564–5603; NW., Washington, DC. The EPA Docket [EPA–HQ–OGC–2015–0636; FRL–9934–48– OGC] email address: anderson.lea@epa.gov. Center Public Reading Room is open SUPPLEMENTARY INFORMATION: from 8:30 a.m. to 4:30 p.m., Monday Proposed Consent Decree, Clean Air through Friday, excluding legal I. Additional Information About the holidays. The telephone number for the Act Citizen Suit Proposed Consent Decree Public Reading Room is (202) 566–1744, AGENCY: Environmental Protection On October 30, 2012, EPA partially and the telephone number for the OEI Agency (EPA). disapproved a revision to the Utah SIP Docket is (202) 566–1752. ACTION: Notice of proposed consent intended to address the regional haze An electronic version of the public decree; request for public comment. requirements of the Clean Air Act. 77 docket is available through FR 74355 (Dec. 14, 2012). When EPA www.regulations.gov. You may use SUMMARY: In accordance with section disapproves a SIP submission in whole www.regulations.gov to submit or view 113(g) of the Clean Air Act, as amended or in part, section 110(c) of the Act public comments, access the index (‘‘CAA’’ or the ‘‘Act’’), notice is hereby requires EPA to promulgate a FIP within listing of the contents of the official given of a proposed consent decree to two years unless the State corrects the public docket, and to access those address a lawsuit filed by WildEarth deficiency and EPA approves the plan documents in the public docket that are Guardians, HEAL Utah, National Parks revision. On July 22, 2015, Plaintiffs available electronically. Once in the Conservation Association, and Sierra filed an amended consolidated system, key in the appropriate docket Club (collectively, ‘‘Plaintiffs’’): complaint in the United States District identification number then select Wildearth Guardians, et al. v. EPA, No. Court for the Northern District of ‘‘search’’. 1:15–cv–00630 (D. CO). In 2012, EPA Colorado alleging that EPA had failed to It is important to note that EPA’s issued a rule partially disapproving a promulgate a FIP for Utah as required by policy is that public comments, whether revision to a state implementation plan the Clean Air Act. submitted electronically or in paper, (SIP) submitted by Utah to address the The proposed consent decree would will be made available for public State’s ‘‘best available retrofit resolve the lawsuit filed by Plaintiffs by viewing online at www.regulations.gov technology’’ (‘‘BART’’) determination establishing that EPA must take without change, unless the comment for Units 1 and 2 of the Hunter power proposed action by November 19, 2015 contains copyrighted material, CBI, or plant and Units 1 and 2 of the and final action by March 31, 2016, to other information whose disclosure is Huntingdon power plant. In its lawsuit, address the deficiencies in Utah’s SIP restricted by statute. Information Plaintiffs alleged that EPA has failed to revision regarding the State’s BART claimed as CBI and other information meet the requirement of the Clean Air determination for Units 1 and 2 of the whose disclosure is restricted by statute Act that the Agency promulgate a Hunter power plant and Units 1 and 2 is not included in the official public tkelley on DSK3SPTVN1PROD with NOTICES federal implementation plan (FIP) of the Huntingdon power plant. See the docket or in the electronic public within two years of partially proposed consent decree for the specific docket. EPA’s policy is that copyrighted disapproving a SIP, in whole or in part. details. material, including copyrighted material The proposed consent decree For a period of thirty (30) days contained in a public comment, will not establishes proposed and final deadlines following the date of publication of this be placed in EPA’s electronic public for EPA to take action to meet its notice, the Agency will accept written docket but will be available only in obligations with respect to Utah. comments relating to the proposed printed, paper form in the official public VerDate Sep<11>2014 17:39 Sep 21, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1

Federal Register / Vol. 80, No. 183 / Tuesday, September 22, 2015 / Notices 57179 docket. Although not all docket Dated: September 14, 2015. FOR FURTHER INFORMATION CONTACT: materials may be available Lorie J. Schmidt, Khue Nguyen, Pesticide Re-Evaluation electronically, you may still access any Associate General Counsel. Division (7508P), Office of Pesticide of the publicly available docket [FR Doc. 2015–24099 Filed 9–21–15; 8:45 am] Programs, Environmental Protection materials through the EPA Docket BILLING CODE 6560–50–P Agency, 1200 Pennsylvania Ave. NW., Center. Washington, DC 20460–0001; telephone B. How and to whom do I submit number: (703) 347–0248; email address: comments? ENVIRONMENTAL PROTECTION nguyen.khue@epa.gov. AGENCY SUPPLEMENTARY INFORMATION: You may submit comments as provided in the ADDRESSES section. [EPA–HQ–OPP–2015–0296; FRL–9933–58] I. General Information Please ensure that your comments are submitted within the specified comment Product Cancellation Order and/or A. Does this action apply to me? period. Comments received after the Amendments To Terminate Uses for Certain Pesticide Registrations This action is directed to the public close of the comment period will be in general, and may be of interest to a marked ‘‘late.’’ EPA is not required to AGENCY: Environmental Protection wide range of stakeholders including consider these late comments. Agency (EPA). environmental, human health, and If you submit an electronic comment, agricultural advocates; the chemical ACTION: Notice. EPA recommends that you include your industry; pesticide users; and members name, mailing address, and an email SUMMARY: This notice announces EPA’s of the public interested in the sale, address or other contact information in order for the cancellations and/or distribution, or use of pesticides. Since the body of your comment and with any amendments to terminate uses, others also may be interested, the disk or CD–ROM you submit. This voluntarily requested by the registrants Agency has not attempted to describe all ensures that you can be identified as the and accepted by the Agency, of the the specific entities that may be affected submitter of the comment and allows products listed in Table 1 and 2 of Unit by this action. EPA to contact you in case EPA cannot II., pursuant to the Federal Insecticide, read your comment due to technical Fungicide, and Rodenticide Act B. How can I get copies of this document difficulties or needs further information (FIFRA). This cancellation order follows and other related information? on the substance of your comment. Any a July 8, 2015 Federal Register Notice identifying or contact information The docket for this action, identified of Receipt of Requests from the by docket identification (ID) number provided in the body of a comment will registrants listed in Table 3 of Unit II to be included as part of the comment that EPA–HQ–OPP–2015–0296, is available voluntarily cancel and/or amend these at http://www.regulations.gov or at the is placed in the official public docket, product registrations. In the July 8, 2015 Office of Pesticide Programs Regulatory and made available in EPA’s electronic notice, EPA indicated that it would Public Docket (OPP Docket) in the public docket. If EPA cannot read your issue an order implementing the Environmental Protection Agency comment due to technical difficulties cancellations and/or amendments to Docket Center (EPA/DC), West William and cannot contact you for clarification, terminate uses, unless the Agency Jefferson Clinton Bldg., Rm. 3334, 1301 EPA may not be able to consider your received substantive comments within Constitution Ave. NW., Washington, DC comment. Use of the www.regulations.gov Web the 30 day comment period that would 20460–0001. The Public Reading Room site to submit comments to EPA merit its further review of these is open from 8:30 a.m. to 4:30 p.m., electronically is EPA’s preferred method requests, or unless the registrants Monday through Friday, excluding legal for receiving comments. The electronic withdrew their requests. The Agency holidays. The telephone number for the public docket system is an ‘‘anonymous received comments on the notice but Public Reading Room is (202) 566–1744, access’’ system, which means EPA will none merited its further review of the and the telephone number for the OPP not know your identity, email address, requests. Further, the registrants did not Docket is (703) 305–5805. Please review or other contact information unless you withdraw their requests. Accordingly, the visitor instructions and additional provide it in the body of your comment. EPA hereby issues in this notice a information about the docket available In contrast to EPA’s electronic public cancellation order granting the at http://www.epa.gov/dockets. docket, EPA’s electronic mail (email) requested cancellations and/or amendments to terminate uses. Any II. What action is the Agency taking? system is not an ‘‘anonymous access’’ system. If you send an email comment distribution, sale, or use of the products This notice announces the directly to the Docket without going subject to this cancellation order is cancellation and/or amendments to through www.regulations.gov, your permitted only in accordance with the terminate uses, as requested by email address is automatically captured terms of this order, including any registrants, of products registered under and included as part of the comment existing stocks provisions. FIFRA section 3 (7 U.S.C. 136a). These that is placed in the official public DATES: The cancellations and/or registrations are listed in sequence by docket, and made available in EPA’s amendments are effective September 22, registration number in Table 1 and electronic public docket. 2015. Table 2 of this unit. TABLE 1—PRODUCT CANCELLATIONS EPA Registration No. Product name Chemical name tkelley on DSK3SPTVN1PROD with NOTICES 100–1217 .................... Gramoxone Inteon ............................................................... Paraquat dichloride. 100–1316 .................... Cyclone Star ........................................................................ Carfentrazone-ethyl, paraquat dichloride. 279–3183 .................... Matador Herbicide ............................................................... Quizalofop-p-ethyl. 352–522 a .................... DuPont Glean Fertilizer Compatible Herbicide ................... Chlorsulfuron. 352–586 a .................... DuPont Canvas Herbicide ................................................... Metsulfuron, thifensulfuron-methyl, tribenuron-methyl. 2724–819 .................... Pyrocide Pressurized Ant & Roach Spray .......................... Propoxur, pyrethrins, piperonyl butoxide, MGK 264. VerDate Sep<11>2014 17:39 Sep 21, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1


Document Created: 2015-12-15 09:35:34
Document Modified: 2015-12-15 09:35:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed consent decree; request for public comment.
DatesWritten comments on the proposed consent decree must be received by October 22, 2015.
ContactM. Lea Anderson, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
FR Citation80 FR 57178 
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