80 FR 63782 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 203 (October 21, 2015)
Federal Register Volume 80, Issue 203 (October 21, 2015)
| Page Range | 63782-63783 | |
| FR Document | 2015-26780 |
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)] [Notices] [Pages 63782-63783] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26780] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-OGC-2015-0677; FRL 9935-89-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 Physicians For Social Responsibility--Los Angeles (``Plaintiffs'') in the United States District Court for the Central District of California: Sierra Club, et al. v. EPA, No. 2:15-cv-3798-ODW (ASx) (C.D. CA.) (filed May 20, 2015). Plaintiffs filed a lawsuit alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA'') and Jared Blumenfeld, in his official capacity as Regional Administrator of the United States Environmental Protection Agency, Region IX (collectively, ``EPA''), failed to perform duties mandated by CAA to take final action to approve or disapprove, in whole or in part, the portions of the South Coast Air Quality Management District's Final 2012 Air Quality Management Plan that address attainment of the 2006 fine particulate matter (``PM2.5 '') NAAQS, which California submitted to EPA on February 13, 2013. The proposed consent decree would establish deadlines for EPA to take certain specified actions. 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- OGC-2015-0677, 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: Geoffrey L. Wilcox, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-5601; 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 Plaintiffs seeking to compel EPA to take actions required under CAA section 110(k)(2)-(4). The Plaintiffs' lawsuit alleged that EPA has a mandatory duty to take final action to approve or disapprove, in whole or in part, the portions of the South Coast Air Quality Management District's Final 2012 Air Quality Management Plan that address attainment of the 2006 PM2.5 NAAQS. California made this SIP submission on February 13, 2013. The submission was complete by operation of law on August 13, 2013. Section 110(k)(2) requires EPA to take action on a SIP submission within one year of the date it is complete. The Plaintiffs allege that EPA had a mandatory duty to take action on the submission by August 13, 2014. Under the terms of the proposed consent decree, EPA must take final action no later than March 15, 2016, [[Page 63783]] with respect to this claim. 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 proposed consent decree? The official public docket for this action (identified by EPA-OGC- 2015-0677) contains a copy of the proposed partial 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 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: October 13, 2015. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2015-26780 Filed 10-20-15; 8:45 am] BILLING CODE 6560-50-P
![63782 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
ACTION: Notice of proposed settlement; SUPPLEMENTARY INFORMATION: This Quality Management District’s Final
request for public comments. proposed administrative settlement for 2012 Air Quality Management Plan that
recovery of past response costs address attainment of the 2006 fine
SUMMARY: Notice is hereby given of a concerning the Peabody Street Asbestos particulate matter (‘‘PM2.5’’) NAAQS,
proposed administrative settlement for Superfund Site, located in Salem, Essex which California submitted to EPA on
recovery of past response costs County, Massachusetts is made in February 13, 2013. The proposed
concerning the Peabody Street Asbestos accordance with Section 122(i) of the consent decree would establish
Superfund Site, located in Salem, Essex Comprehensive Environmental deadlines for EPA to take certain
County, Massachusetts with the settling Response, Compensation, and Liability specified actions.
parties Massachusetts Electric Company Act, as amended (‘‘CERCLA’’), 42 U.S.C. DATES: Written comments on the
and National Grid USA. The proposed 9622(i). The settling parties to this proposed consent decree must be
settlement requires the settling parties administrative settlement include: received by November 20, 2015.
to pay $850,000, plus interest, to the Massachusetts Electric Company and ADDRESSES: Submit your comments,
Hazardous Substance Superfund. In National Grid USA. The settlement identified by Docket ID number EPA–
exchange, EPA will provide the settling includes a covenant not to sue the OGC–2015–0677, online at
parties a covenant not to sue. The settling parties pursuant to Section 106 www.regulations.gov (EPA’s preferred
settlement has been approved by the of CERCLA, 42 U.S.C. 9606, and Section method); by email to oei.docket@
Environmental and Natural Resources 107(a) of CERCLA, 42 U.S.C. 9607(a). epa.gov; by mail to EPA Docket Center,
Division of the United States For 30 days following the date of Environmental Protection Agency,
Department of Justice. For 30 days publication of this notice, the Agency Mailcode: 2822T, 1200 Pennsylvania
following the date of publication of this will receive written comments relating Ave. NW., Washington, DC 20460–0001;
notice, the Agency will receive written to the settlement for recovery of or by hand delivery or courier to EPA
comments relating to the settlement for response costs (Section XIV of the Docket Center, EPA West, Room 3334,
recovery of response costs. The Agency proposed settlement). 1301 Constitution Ave. NW.,
will consider all comments received and
Dated: October 7, 2015. Washington, DC, between 8:30 a.m. and
may modify or withdraw its consent to
Nancy Barmakian,
4:30 p.m. Monday through Friday,
this cost recovery settlement if
excluding legal holidays. Comments on
comments received disclose facts or Acting Director, Office of Site Remediation
and Restoration.
a disk or CD–ROM should be formatted
considerations which indicate that the
in Word or ASCII file, avoiding the use
settlement is inappropriate, improper, [FR Doc. 2015–26781 Filed 10–20–15; 8:45 am]
of special characters and any form of
or inadequate. The Agency’s response to BILLING CODE 6560–50P
encryption, and may be mailed to the
any comments received will be available
mailing address above.
for public inspection at the Salem
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
Public Library, 370 Essex Street, Salem,
MA 01970 and at the Environmental AGENCY Geoffrey L. Wilcox, Air and Radiation
Protection Agency—Region I, 5 Post Law Office (2344A), Office of General
[EPA–OGC–2015–0677; FRL 9935–89–OGC] Counsel, U.S. Environmental Protection
Office Square, Suite 100, Boston, MA
02109–3912. Agency, 1200 Pennsylvania Ave. NW.,
Proposed Consent Decree, Clean Air Washington, DC 20460; telephone: (202)
DATES: Comments must be submitted by Act Citizen Suit 564–5601; fax number: (202) 564–5603;
November 20, 2015. email address: wilcox.geoffrey@epa.gov.
AGENCY: Environmental Protection
ADDRESSES: Comments should be Agency (EPA). SUPPLEMENTARY INFORMATION:
addressed to Kevin Pechulis,
ACTION: Notice of proposed consent I. Additional Information About the
Enforcement Counsel, U.S.
decree; request for public comment. Proposed Consent Decree
Environmental Protection Agency, 5
Post Office Square, Suite 100 SUMMARY: In accordance with section The proposed consent decree would
(OES04–2), Boston, MA 02109–3912 113(g) of the Clean Air Act, as amended resolve a lawsuit filed by the Plaintiffs
(Telephone No. 617–918–1612) and (‘‘CAA’’ or the ‘‘Act’’), notice is hereby seeking to compel EPA to take actions
should reference the Peabody Street given of a proposed consent decree to required under CAA section 110(k)(2)–
Asbestos Superfund Site, U.S. EPA address a lawsuit filed by Sierra Club (4). The Plaintiffs’ lawsuit alleged that
Docket No: 01–2015–0052. and Physicians For Social EPA has a mandatory duty to take final
FOR FURTHER INFORMATION CONTACT: A Responsibility—Los Angeles action to approve or disapprove, in
copy of the proposed settlement may be (‘‘Plaintiffs’’) in the United States whole or in part, the portions of the
obtained from Stacy Greendlinger, District Court for the Central District of South Coast Air Quality Management
Office of Site Remediation and California: Sierra Club, et al. v. EPA, No. District’s Final 2012 Air Quality
Restoration, U.S. Environmental 2:15–cv–3798–ODW (ASx) (C.D. CA.) Management Plan that address
Protection Agency, Region I, 5 Post (filed May 20, 2015). Plaintiffs filed a attainment of the 2006 PM2.5 NAAQS.
Office Square, Suite 100 (OSRR02–2), lawsuit alleging that Gina McCarthy, in California made this SIP submission on
Boston, MA 02109–3912, (617) 918– her official capacity as Administrator of February 13, 2013. The submission was
1403; greendlinger.stacy@epa.gov. the United States Environmental complete by operation of law on August
Technical questions can also be directed Protection Agency (‘‘EPA’’) and Jared 13, 2013. Section 110(k)(2) requires EPA
to Stacy Greendlinger. For legal Blumenfeld, in his official capacity as to take action on a SIP submission
tkelley on DSK3SPTVN1PROD with NOTICES
questions, Kevin Pechulis, Office of Regional Administrator of the United within one year of the date it is
Environmental Stewardship, U.S. States Environmental Protection complete. The Plaintiffs allege that EPA
Environmental Protection Agency, 5 Agency, Region IX (collectively, had a mandatory duty to take action on
Post Office Square, Suite 100 ‘‘EPA’’), failed to perform duties the submission by August 13, 2014.
(OES04–3), Boston, MA 02109–3912, mandated by CAA to take final action to Under the terms of the proposed
(617) 918–1612; Pechulis.kevin@ approve or disapprove, in whole or in consent decree, EPA must take final
epa.gov. part, the portions of the South Coast Air action no later than March 15, 2016,
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![Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 63783
with respect to this claim. See the is not included in the official public Dated: October 13, 2015.
proposed consent decree for the specific docket or in the electronic public Lorie J. Schmidt,
details. docket. EPA’s policy is that copyrighted Associate General Counsel.
For a period of thirty (30) days material, including copyrighted material [FR Doc. 2015–26780 Filed 10–20–15; 8:45 am]
following the date of publication of this contained in a public comment, will not
BILLING CODE 6560–50–P
notice, the Agency will accept written be placed in EPA’s electronic public
comments relating to the proposed docket but will be available only in
consent decree from persons who are printed, paper form in the official public ENVIRONMENTAL PROTECTION
not named as parties or intervenors to docket. Although not all docket AGENCY
the litigation in question. EPA or the materials may be available
Department of Justice may withdraw or electronically, you may still access any
withhold consent to the proposed of the publicly available docket [FRL–9935–95–OA]
consent decree if the comments disclose materials through the EPA Docket
facts or considerations that indicate that Notice of Meeting of the EPA
Center.
such consent is inappropriate, Children’s Health Protection Advisory
improper, inadequate, or inconsistent B. How and to whom do I submit Committee (CHPAC)
with the requirements of the Act. Unless comments?
EPA or the Department of Justice AGENCY: Environmental Protection
You may submit comments as Agency.
determines that consent to this
provided in the ADDRESSES section.
proposed consent decree should be ACTION: Notice of meeting.
Please ensure that your comments are
withdrawn, the terms of the consent
submitted within the specified comment
decree will be affirmed. SUMMARY: Pursuant to the provisions of
period. Comments received after the
II. Additional Information About close of the comment period will be the Federal Advisory Committee Act,
Commenting on the proposed consent marked ‘‘late.’’ EPA is not required to Public Law 92–463, notice is hereby
decree consider these late comments. given that the next meeting of the
If you submit an electronic comment, Children’s Health Protection Advisory
A. How can I get a copy of the proposed
consent decree? EPA recommends that you include your Committee (CHPAC) will be held
name, mailing address, and an email November 12 and 13, 2015 at the
The official public docket for this National Archives Museum (700
action (identified by EPA–OGC–2015– address or other contact information in
the body of your comment and with any Pennsylvania Avenue NW., Washington,
0677) contains a copy of the proposed DC 20408) in the Jefferson Room. The
partial consent decree. The official disk or CD ROM you submit. This
ensures that you can be identified as the CHPAC advises the Environmental
public docket is available for public Protection Agency on science,
viewing at the Office of Environmental submitter of the comment and allows
EPA to contact you in case EPA cannot regulations, and other issues relating to
Information (OEI) Docket in the EPA
read your comment due to technical children’s environmental health.
Docket Center, EPA West, Room 3334,
1301 Constitution Ave. NW., difficulties or needs further information
DATES: November 12 and 13, 2015.
Washington, DC. The EPA Docket on the substance of your comment. Any
Center Public Reading Room is open identifying or contact information ADDRESSES: 700 Pennsylvania Avenue
from 8:30 a.m. to 4:30 p.m., Monday provided in the body of a comment will NW., Washington, DC 20408. Enter on
through Friday, excluding legal be included as part of the comment that 7th Street near Constitution Avenue.
holidays. The telephone number for the is placed in the official public docket,
FOR FURTHER INFORMATION CONTACT:
Public Reading Room is (202) 566–1744, and made available in EPA’s electronic
public docket. If EPA cannot read your Martha Berger, Office of Children’s
and the telephone number for the OEI Health Protection, USEPA, MC 1107T,
Docket is (202) 566–1752. comment due to technical difficulties
and cannot contact you for clarification, 1200 Pennsylvania Avenue NW.,
An electronic version of the public Washington, DC 20460, (202) 564–2191
docket is available through EPA may not be able to consider your
comment. or berger.martha@epa.gov.
www.regulations.gov. You may use
www.regulations.gov to submit or view Use of the www.regulations.gov Web SUPPLEMENTARY INFORMATION: The
public comments, access the index site to submit comments to EPA meetings of the CHPAC are open to the
listing of the contents of the official electronically is EPA’s preferred method public. The CHPAC will meet on
public docket, and access those for receiving comments. The electronic Thursday, November 12 from 1 p.m. to
documents in the public docket that are public docket system is an ‘‘anonymous 5:30 p.m. and Friday, November 13 from
available electronically. Once in the access’’ system, which means EPA will 9 a.m. to 4 p.m. in the Jefferson Room.
system, key in the appropriate docket not know your identity, email address, An agenda will be posted to epa.gov/
identification number then select or other contact information unless you children.
‘‘search’’. provide it in the body of your comment.
It is important to note that EPA’s In contrast to EPA’s electronic public Access and Accommodations: For
policy is that public comments, whether docket, EPA’s electronic mail (email) information on access or services for
submitted electronically or in paper, system is not an ‘‘anonymous access’’ individuals with disabilities, please
will be made available for public system. If you send an email comment contact Martha Berger at 202–564–2191
or berger.martha@epa.gov., preferably at
tkelley on DSK3SPTVN1PROD with NOTICES
viewing online at www.regulations.gov directly to the Docket without going
without change, unless the comment through www.regulations.gov, your least 10 days prior to the meeting.
contains copyrighted material, CBI, or email address is automatically captured Martha Berger,
other information whose disclosure is and included as part of the comment
Designated Federal Official.
restricted by statute. Information that is placed in the official public
[FR Doc. 2015–26732 Filed 10–20–15; 8:45 am]
claimed as CBI and other information docket, and made available in EPA’s
whose disclosure is restricted by statute electronic public docket. BILLING CODE P
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Document Created: 2018-02-27 08:54:33
Document Modified: 2018-02-27 08:54:33
| 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 | Geoffrey L. Wilcox, 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 63782 |
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