80 FR 79338 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 244 (December 21, 2015)
Federal Register Volume 80, Issue 244 (December 21, 2015)
| Page Range | 79338-79339 | |
| FR Document | 2015-31995 |
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)] [Notices] [Pages 79338-79339] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31995] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2015-0677; FRL-9940-39-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. This is the second notice provided for this proposed consent decree. DATES: Written comments on the proposed consent decree must be received by January 20, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- 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, 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. EPA published a prior notice of this proposed consent decree on October 21, 2015. In order to assure that all parties have notice of the proposed consent decree, EPA is providing this additional notice and opportunity to comment upon the proposed consent decree pursuant to section 113(g). 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-HQ- OGC-2015-0677) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental [[Page 79339]] 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: December 11, 2015. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2015-31995 Filed 12-18-15; 8:45 am] BILLING CODE 6560-50-P
![79338 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
I. General Information In accordance with section
SUMMARY: I. Additional Information About the
113(g) of the Clean Air Act, as amended Proposed Consent Decree
A. Does this action apply to me?
(‘‘CAA’’ or the ‘‘Act’’), notice is hereby The proposed consent decree would
This action is directed to the public given of a proposed consent decree to resolve a lawsuit filed by the Plaintiffs
in general. Although this action may be address a lawsuit filed by Sierra Club seeking to compel EPA to take actions
of particular interest to persons who and Physicians For Social required under CAA section 110(k)(2)–
produce or use pesticides, the Agency Responsibility—Los Angeles (4). The Plaintiffs’ lawsuit alleged that
has not attempted to describe all the (‘‘Plaintiffs’’) in the United States EPA has a mandatory duty to take final
specific entities that may be affected by District Court for the Central District of action to approve or disapprove, in
this action. California: Sierra Club, et al. v. EPA, No. whole or in part, the portions of the
B. How can I get copies of this document 2:15–cv–3798–ODW (ASx) (C.D. CA.) South Coast Air Quality Management
and other related information? (filed May 20, 2015). Plaintiffs filed a District’s Final 2012 Air Quality
lawsuit alleging that Gina McCarthy, in Management Plan that address
The docket for this action, identified her official capacity as Administrator of
by docket identification (ID) number attainment of the 2006 PM2.5 NAAQS.
the United States Environmental California made this SIP submission on
EPA–HQ–OPP–2015–0634, is available Protection Agency (‘‘EPA’’) and Jared
at http://www.regulations.gov or at the February 13, 2013. The submission was
Blumenfeld, in his official capacity as complete by operation of law on August
Office of Pesticide Programs Regulatory Regional Administrator of the United 13, 2013. Section 110(k)(2) requires EPA
Public Docket (OPP Docket) in the States Environmental Protection to take action on a SIP submission
Environmental Protection Agency Agency, Region IX (collectively, within one year of the date it is
Docket Center (EPA/DC), West William ‘‘EPA’’), failed to perform duties complete. The Plaintiffs allege that EPA
Jefferson Clinton Bldg., Rm. 3334, 1301 mandated by CAA to take final action to had a mandatory duty to take action on
Constitution Ave. NW., Washington, DC approve or disapprove, in whole or in
the submission by August 13, 2014.
20460–0001. The Public Reading Room part, the portions of the South Coast Air Under the terms of the proposed
is open from 8:30 a.m. to 4:30 p.m., Quality Management District’s Final consent decree, EPA must take final
Monday through Friday, excluding legal 2012 Air Quality Management Plan that
action no later than March 15, 2016,
holidays. The telephone number for the address attainment of the 2006 fine
with respect to this claim. See the
Public Reading Room is (202) 566–1744, particulate matter (‘‘PM ’’) NAAQS, proposed consent decree for the specific
2.5
and the telephone number for the OPP which California submitted to EPA on details.
Docket is (703) 305–5805. Please review February 13, 2013. The proposed For a period of thirty (30) days
the visitor instructions and additional consent decree would establish following the date of publication of this
information about the docket available deadlines for EPA to take certain notice, the Agency will accept written
at http://www.epa.gov/dockets. specified actions. This is the second comments relating to the proposed
II. What does this correction do? notice provided for this proposed consent decree from persons who are
consent decree. not named as parties or intervenors to
This notice is being issued to correct
DATES: Written comments on the
the litigation in question. EPA or the
Table 2 of the cancellation notice. This
proposed consent decree must be Department of Justice may withdraw or
correction removes 1 entry which was
received by January 20, 2016. withhold consent to the proposed
inadvertently included.
FR Doc. 2015–28765 published in the ADDRESSES: Submit your comments, consent decree if the comments disclose
Federal Register of November 13, 2015 facts or considerations that indicate that
identified by Docket ID number EPA– such consent is inappropriate,
(80 FR 70206) (FRL–9934–46) is HQ–OGC–2015–0677, online at
corrected as follows: improper, inadequate, or inconsistent
www.regulations.gov (EPA’s preferred with the requirements of the Act. Unless
1. On page 70208, in Table 2, remove method); by email to oei.docket@
the complete entry for: ‘‘070950– EPA or the Department of Justice
epa.gov; by mail to EPA Docket Center, determines that consent to this
00003.’’ Environmental Protection Agency, proposed consent decree should be
Authority: 7 U.S.C. 136 et seq. Mailcode: 2822T, 1200 Pennsylvania withdrawn, the terms of the consent
Dated: December 10, 2015. Ave. NW., Washington, DC 20460–0001; decree will be affirmed. EPA published
Michael Hardy, or by hand delivery or courier to EPA a prior notice of this proposed consent
Docket Center, EPA West, Room 3334, decree on October 21, 2015. In order to
Acting Director, Information Technology and
Resource Management Division, Office of 1301 Constitution Ave., NW., assure that all parties have notice of the
Pesticide Programs. Washington, DC, between 8:30 a.m. and proposed consent decree, EPA is
[FR Doc. 2015–32025 Filed 12–18–15; 8:45 am]
4:30 p.m. Monday through Friday, providing this additional notice and
excluding legal holidays. Comments on opportunity to comment upon the
BILLING CODE 6560–50–P
a disk or CD–ROM should be formatted proposed consent decree pursuant to
in Word or ASCII file, avoiding the use section 113(g).
ENVIRONMENTAL PROTECTION of special characters and any form of
encryption, and may be mailed to the II. Additional Information About
AGENCY
mailing address above. Commenting on the Proposed Consent
[EPA–HQ–OGC–2015–0677; FRL–9940–39– Decree
OGC] FOR FURTHER INFORMATION CONTACT:
Geoffrey L. Wilcox, Air and Radiation A. How can I get a copy of the proposed
mstockstill on DSK4VPTVN1PROD with NOTICES
Proposed Consent Decree, Clean Air Law Office (2344A), Office of General consent decree?
Act Citizen Suit Counsel, U.S. Environmental Protection The official public docket for this
Agency, 1200 Pennsylvania Ave. NW., action (identified by EPA–HQ–OGC–
AGENCY: Environmental Protection Washington, DC 20460; telephone: (202)
Agency (EPA). 2015–0677) contains a copy of the
564–5601; fax number: (202) 564–5603; proposed consent decree. The official
ACTION: Notice of proposed consent email address: wilcox.geoffrey@epa.gov. public docket is available for public
decree; request for public comment.
SUPPLEMENTARY INFORMATION: viewing at the Office of Environmental
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![Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 79339
Information (OEI) Docket in the EPA difficulties or needs further information the date of this Notice. If any person
Docket Center, EPA West, Room 3334, on the substance of your comment. Any wishes to comment concerning the
1301 Constitution Ave. NW., identifying or contact information termination of the receivership, such
Washington, DC. The EPA Docket provided in the body of a comment will comment must be made in writing and
Center Public Reading Room is open be included as part of the comment that sent within thirty days of the date of
from 8:30 a.m. to 4:30 p.m., Monday is placed in the official public docket, this Notice to: Federal Deposit
through Friday, excluding legal and made available in EPA’s electronic Insurance Corporation, Division of
holidays. The telephone number for the public docket. If EPA cannot read your Resolutions and Receiverships,
Public Reading Room is (202) 566–1744, comment due to technical difficulties Attention: Receivership Oversight
and the telephone number for the OEI and cannot contact you for clarification, Department 32.1, 1601 Bryan Street,
Docket is (202) 566–1752. EPA may not be able to consider your Dallas, TX 75201.
An electronic version of the public comment. No comments concerning the
docket is available through Use of the www.regulations.gov Web termination of this receivership will be
www.regulations.gov. You may use site to submit comments to EPA considered which are not sent within
www.regulations.gov to submit or view electronically is EPA’s preferred method this time frame.
public comments, access the index for receiving comments. The electronic Dated: December 16, 2015.
listing of the contents of the official public docket system is an ‘‘anonymous
public docket, and access those Federal Deposit Insurance Corporation.
access’’ system, which means EPA will
documents in the public docket that are Robert E. Feldman,
not know your identity, email address,
available electronically. Once in the Executive Secretary.
or other contact information unless you
system, key in the appropriate docket provide it in the body of your comment. [FR Doc. 2015–31952 Filed 12–18–15; 8:45 am]
identification number then select In contrast to EPA’s electronic public BILLING CODE 6714–01–P
‘‘search’’. docket, EPA’s electronic mail (email)
It is important to note that EPA’s system is not an ‘‘anonymous access’’
policy is that public comments, whether system. If you send an email comment FEDERAL RESERVE SYSTEM
submitted electronically or in paper, directly to the Docket without going
will be made available for public through www.regulations.gov, your Formations of, Acquisitions by, and
viewing online at www.regulations.gov email address is automatically captured Mergers of Bank Holding Companies
without change, unless the comment and included as part of the comment
contains copyrighted material, CBI, or The companies listed in this notice
that is placed in the official public have applied to the Board for approval,
other information whose disclosure is docket, and made available in EPA’s
restricted by statute. Information pursuant to the Bank Holding Company
electronic public docket. Act of 1956 (12 U.S.C. 1841 et seq.)
claimed as CBI and other information
whose disclosure is restricted by statute Dated: December 11, 2015. (BHC Act), Regulation Y (12 CFR part
is not included in the official public Lorie J. Schmidt, 225), and all other applicable statutes
docket or in the electronic public Associate General Counsel. and regulations to become a bank
docket. EPA’s policy is that copyrighted [FR Doc. 2015–31995 Filed 12–18–15; 8:45 am]
holding company and/or to acquire the
material, including copyrighted material assets or the ownership of, control of, or
BILLING CODE 6560–50–P
contained in a public comment, will not the power to vote shares of a bank or
be placed in EPA’s electronic public bank holding company and all of the
docket but will be available only in banks and nonbanking companies
FEDERAL DEPOSIT INSURANCE owned by the bank holding company,
printed, paper form in the official public CORPORATION
docket. Although not all docket including the companies listed below.
materials may be available Notice to All Interested Parties of the The applications listed below, as well
electronically, you may still access any Termination of the Receivership of as other related filings required by the
of the publicly available docket 10439, Security Bank, N.A., North Board, are available for immediate
materials through the EPA Docket Lauderdale, Florida inspection at the Federal Reserve Bank
Center. indicated. The applications will also be
NOTICE IS HEREBY GIVEN that the available for inspection at the offices of
B. How and to whom do I submit Federal Deposit Insurance Corporation the Board of Governors. Interested
comments? (‘‘FDIC’’) as Receiver for Security Bank, persons may express their views in
You may submit comments as N.A., North Lauderdale, Florida (‘‘the writing on the standards enumerated in
provided in the ADDRESSES section. Receiver’’) intends to terminate its the BHC Act (12 U.S.C. 1842(c)). If the
Please ensure that your comments are receivership for said institution. The proposal also involves the acquisition of
submitted within the specified comment FDIC was appointed receiver of Security a nonbanking company, the review also
period. Comments received after the Bank, N.A. on May 4, 2012. The includes whether the acquisition of the
close of the comment period will be liquidation of the receivership assets nonbanking company complies with the
marked ‘‘late.’’ EPA is not required to has been completed. To the extent standards in section 4 of the BHC Act
consider these late comments. permitted by available funds and in (12 U.S.C. 1843). Unless otherwise
If you submit an electronic comment, accordance with law, the Receiver will noted, nonbanking activities will be
EPA recommends that you include your be making a final dividend payment to conducted throughout the United States.
mstockstill on DSK4VPTVN1PROD with NOTICES
name, mailing address, and an email proven creditors. Unless otherwise noted, comments
address or other contact information in Based upon the foregoing, the regarding each of these applications
the body of your comment and with any Receiver has determined that the must be received at the Reserve Bank
disk or CD–ROM you submit. This continued existence of the receivership indicated or the offices of the Board of
ensures that you can be identified as the will serve no useful purpose. Governors not later than January 14,
submitter of the comment and allows Consequently, notice is given that the 2016.
EPA to contact you in case EPA cannot receivership shall be terminated, to be A. Federal Reserve Bank of Boston
read your comment due to technical effective no sooner than thirty days after (Prabal Chakrabarti, Senior Vice
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Document Created: 2015-12-19 02:57:41
Document Modified: 2015-12-19 02:57:41
| 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 January 20, 2016. | |
| 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 79338 |
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