80 FR 63779 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 203 (October 21, 2015)

Page Range		63779-63780
FR Document		2015-26782

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 and Sierra Club (collectively, ``Plaintiffs''): Environmental Integrity Project, et al. v. McCarthy, No. 1:15-CV-745 (ABJ) (D. D.C.). Plaintiffs 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 a petition submitted by Plaintiffs in October 2014, requesting that EPA object to a revised CAA Title V permit issued by the Texas Commission on Environmental Quality (``TCEQ'') to the Southwestern Electric Power Company for operation of the H.W. Pirkey Power Plant in Harrison County, Texas. The proposed consent decree would establish a deadline for EPA to take such action.

Federal Register, Volume 80 Issue 203 (Wednesday, October 21, 2015)

[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63779-63780]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26782]



[[Page 63779]]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2015-0691; FRL 9935-87-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 and Sierra Club (collectively, ``Plaintiffs''): 
Environmental Integrity Project, et al. v. McCarthy, No. 1:15-CV-745 
(ABJ) (D. D.C.). Plaintiffs 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 a petition 
submitted by Plaintiffs in October 2014, requesting that EPA object to 
a revised CAA Title V permit issued by the Texas Commission on 
Environmental Quality (``TCEQ'') to the Southwestern Electric Power 
Company for operation of the H.W. Pirkey Power Plant in Harrison 
County, Texas. The proposed consent decree would establish a deadline 
for EPA to take such action.

DATES: Written comments on the proposed consent decree must be received 
by November 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0691, 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: Amy Branning, Air and Radiation Law 
Office, Office of General Counsel, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: 
(202) 564-1744; 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 
Environmental Integrity Project and Sierra Club seeking to compel the 
Administrator to take action 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 petition filed by the Plaintiffs 
regarding Southwestern Electric Power Company for operation of the H.W. 
Pirkey Power Plant in Harrison County, Texas, pursuant to section 
505(b)(2) of the CAA, on or before February 12, 2016.
    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 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 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-2015-0691 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,

[[Page 63780]]

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: October 7, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-26782 Filed 10-20-15; 8:45 am]
BILLING CODE 6560-50-P

63780 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices

and made available in EPA’s electronic the purpose of this draft document, the conditions for the use of control
public docket. If EPA cannot read your term excludes cooling towers. The draft technologies. Legionella control issues
comment due to technical difficulties document presents scientific in cooling towers are beyond the scope
and cannot contact you for clarification, information from peer reviewed of the document. The target audience for
EPA may not be able to consider your literature related to control the document includes, but is not
comment. technologies. It does not rank or limited to, primacy agencies, building
Use of the www.regulations.gov Web recommend any one technology over water system operators, building owners
site to submit comments to EPA another. EPA developed the document and technology developers and vendors.
electronically is EPA’s preferred method to provide a non-regulatory tool to assist B. How can I get copies of the draft
for receiving comments. The electronic states and primacy agencies, building document and other related
public docket system is an ‘‘anonymous water system operators and building information, and submit written
access’’ system, which means EPA will owners when making decisions about comments?
not know your identity, email address, Legionella risk management options.
or other contact information unless you Following the public review and The draft document and other related
provide it in the body of your comment. comment opportunity, EPA will information will be available in the
In contrast to EPA’s electronic public conduct an independent, expert peer Water Docket, identified by docket
docket, EPA’s electronic mail (email) review of the draft document before it identification (ID) number EPA–HQ–
system is not an ‘‘anonymous access’’ is finalized and published. OW–2015–0595, which is available at
system. If you send an email comment http://www.regulations.gov or at the
DATES: The public meeting will be held
directly to the Docket without going Water Docket, Environmental Protection
on November 9, 2015, from 1:00 p.m. to
through www.regulations.gov, your Agency, Room 3334, 1301 Constitution
5:30 p.m., eastern time. Persons wishing
email address is automatically captured Ave. NW., Washington, DC. The Public
to attend the meeting in-person or
and included as part of the comment Reading Room is open from 8:30 a.m. to
online via webinar must register by
that is placed in the official public 4:30 p.m., Monday through Friday,
November 3, 2015, as described in the
docket, and made available in EPA’s excluding legal holidays. The telephone
SUPPLEMENTARY INFORMATION section.
electronic public docket. number for the Public Reading Room is
EPA will consider written comments
(202) 566–1744, and the telephone
Dated: October 7, 2015. received prior to November 23, 2015,
number for the Water Docket is (202)
Lorie J. Schmidt, when preparing the document for the
566–2426. Please review the visitor
Associate General Counsel. external peer review.
instructions and additional information
[FR Doc. 2015–26782 Filed 10–20–15; 8:45 am] ADDRESSES: The public meeting will be about the docket, available at http://
BILLING CODE 6560–50–P
held at the EPA Potomac Yard South www2.epa.gov/dockets.
Building, 1st Floor Conference Center Comments: Submit your comments,
(One Potomac Yard, 2777 S. Crystal identified by Docket ID No. EPA–HQ–
ENVIRONMENTAL PROTECTION Drive, Arlington, VA 22202). All OW–2015–0595, to the Federal
AGENCY attendees must show government-issued eRulemaking Portal: http://
photo identification (e.g., a driver’s www.regulations.gov. Follow the online
[EPA–HQ–OW–2015–0595; FRL–9935–88– license) when signing in. This meeting
OW] instructions for submitting comments.
will be simultaneously broadcasted as a Do not submit electronically any
Notice of Public Meeting and Webinar webinar, available on the Internet. information you consider to be
and Request for Comment on the Draft FOR FURTHER INFORMATION CONTACT: For Confidential Business Information (CBI)
Document ‘‘Technologies for technical questions, contact César or other information whose disclosure is
Legionella Control: Scientific Cordero, Standards and Risk restricted by statute. If you need to
Literature Review’’ Management Division, Office of Ground include CBI as part of your comment,
Water and Drinking Water at (202) 564– please visit http://www2.epa.gov/
AGENCY: Environmental Protection 3716 or cordero.cesar@epa.gov. For dockets/comments.html for instructions.
Agency (EPA). questions regarding registration for the The written comment is considered the
ACTION: Notice of public meeting and public meeting, contact Sarah Rains at official comment and should include
request for comment. (703) 247–6195 or LegionellaMeeting@ discussion of all points that you wish to
cadmusgroup.com. make about the scientific aspects of the
SUMMARY: The U.S. Environmental Legionella control technologies.
Protection Agency (EPA) announces the SUPPLEMENTARY INFORMATION:
For additional submission methods,
release of a draft document, I. General Information the full EPA public comment policy and
‘‘Technologies for Legionella Control: general guidance on making effective
Scientific Literature Review,’’ for public A. What is the scope and the intended
audience of the draft document? comments, please visit http://
review and comment, and a public www2.epa.gov/dockets/comments.html.
meeting, during which EPA will be The draft document provides an When preparing the document for
seeking input on the draft document. overview of Legionella ecology, external peer review, EPA will consider
The purpose of the draft document is to physiology, occurrence and other topics written comments received prior to
characterize the current state of relevant to the microorganism; an November 23, 2015.
knowledge regarding the use and overview of systemic considerations for
effectiveness of available control Legionella control; information on the C. How may I participate in this
meeting/webinar?
tkelley on DSK3SPTVN1PROD with NOTICES

technologies and approaches that can be current state of knowledge regarding the
used to address Legionella public health use and effectiveness of available Persons wishing to attend the public
concerns in building water systems. The control technologies for prevention and meeting in-person or online via webinar
term ‘‘building water system’’ refers to control of Legionella; a discussion about must register in advance no later than
the pipe infrastructure inside a building potential water quality issues that may 5:00 p.m., eastern time on November 3,
used to deliver finished drinking water result from the use of such technologies; 2015. To register, go online to Eventbrite
intended for human consumption. For and information on optimal operational at https://us-epa-legionella-drinking-

VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1

Document Created: 2018-02-27 08:53:59
Document Modified: 2018-02-27 08:53:59

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 November 20, 2015.
Contact		Amy Branning, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone:
FR Citation		80 FR 63779