81 FR 19175 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 64 (April 4, 2016)
Federal Register Volume 81, Issue 64 (April 4, 2016)
| Page Range | 19175-19176 | |
| FR Document | 2016-07491 |
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)] [Notices] [Pages 19175-19176] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07491] [[Page 19175]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0172; FRL-9944-41-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 Center for Biological Diversity, Center for Environmental Health, and Neighbors for Clean Air (``Plaintiffs'') in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. EPA, No. 4:15-cv-4663-SBA (N.D. CA.). On December 14, 2015, Plaintiffs filed a First Amended Complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform specific duties mandated by the CAA. First, Plaintiffs allege that EPA failed to make a finding concerning whether the State of California has made a complete state implementation plan (``SIP'') submission to address nonattainment new source review (``NNSR'') requirements related to the 2006 fine particulate matter (``PM2.5'') National Ambient Air Quality Standard (``NAAQS'') for El Dorado and Yolo-Solano air districts in California. Second, Plaintiffs allege that EPA failed to take final action to approve, disapprove, or conditionally approve, in whole or in part, certain complete SIP submissions from the States of Arizona, California, Idaho, Oregon, and Utah intended to address NNSR or other specific requirements related to the 2006 PM2.5 NAAQS for certain designated nonattainment areas. Third, Plaintiffs allege that EPA has failed to meet a duty to promulgate a federal implementation plan (``FIP'') for the State of Montana with respect to SIP requirements pertaining to state boards that approve permits or enforcement orders, or to the head of an executive agency with similar powers. 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 May 4, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0172, 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 various actions required under CAA. The proposed consent decree would establish deadlines by which EPA must take certain actions specified in order to resolve the claims in the First Amended Complaint. Those actions are described generally below; see the proposed consent decree for the specific details. First, Plaintiffs allege that EPA failed to meet a duty under section 110(k)(1)(B) to make a finding concerning whether the State of California has made a complete state implementation plan (``SIP'') submission to address nonattainment new source review (``NNSR'') requirements related to the 2006 fine particulate matter (``PM2.5'') National Ambient Air Quality Standard (``NAAQS'') for El Dorado and Yolo-Solano air districts in California. In the proposed consent decree, EPA agrees to take action to determine whether or not the state has made a complete SIP submission to address these requirements for each of these two areas by no later than May 30, 2016. Second, Plaintiffs allege that EPA failed to meet a duty under section 110(k) to take final action to approve, disapprove, or conditionally approve, in whole or in part, certain complete SIP submissions from the States of Arizona, California, Idaho, Oregon, and Utah intended to address NNSR or other specific requirements related to the 2006 PM2.5 NAAQS for certain designated nonattainment areas. In the proposed consent decree, EPA agrees to take final action under section 110(k)(2)-(4) on each of the specific SIP submissions identified in the table in paragraph 1(b) of the proposed consent decree. The dates for final action by EPA for each of these SIP submissions are likewise specified in the table in paragraph 1(b) of the proposed consent decree. Third, Plaintiffs allege that EPA has failed to meet a duty under section 110(c) to promulgate a federal implementation plan (``FIP'') for the State of Montana with respect to requirements of section 110(a)(2)(E)(ii) and section 128 pertaining to state boards that approve permits or enforcement orders, or to the head of an executive agency with similar powers. In the proposed consent decree, EPA agrees to take final action no later than September 30, 2016, with respect to this claim. For all of the actions governed by the proposed consent decree, EPA would be required to deliver the notice to the Office of Federal Register for review and publication within 15 days of signature. The proposed consent decree is in the docket for this action. 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-HQ- OGC-2016-0172) 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 [[Page 19176]] 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: March 23, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016-07491 Filed 4-1-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices 19175
ENVIRONMENTAL PROTECTION HQ–OGC–2016–0172, online at specific requirements related to the
AGENCY www.regulations.gov (EPA’s preferred 2006 PM2.5 NAAQS for certain
method); by email to oei.docket@ designated nonattainment areas. In the
[EPA–HQ–OGC–2016–0172; FRL–9944–41–
OGC]
epa.gov; by mail to EPA Docket Center, proposed consent decree, EPA agrees to
Environmental Protection Agency, take final action under section
Proposed Consent Decree, Clean Air Mailcode: 2822T, 1200 Pennsylvania 110(k)(2)–(4) on each of the specific SIP
Act Citizen Suit Ave. NW., Washington, DC 20460–0001; submissions identified in the table in
or by hand delivery or courier to EPA paragraph 1(b) of the proposed consent
AGENCY: Environmental Protection Docket Center, EPA West, Room 3334, decree. The dates for final action by
Agency (EPA). 1301 Constitution Ave. NW., EPA for each of these SIP submissions
ACTION: Notice of proposed consent Washington, DC, between 8:30 a.m. and are likewise specified in the table in
decree; request for public comment. 4:30 p.m. Monday through Friday, paragraph 1(b) of the proposed consent
SUMMARY: In accordance with section excluding legal holidays. Comments on decree.
a disk or CD–ROM should be formatted Third, Plaintiffs allege that EPA has
113(g) of the Clean Air Act, as amended
in Word or ASCII file, avoiding the use failed to meet a duty under section
(‘‘CAA’’ or the ‘‘Act’’), notice is hereby
of special characters and any form of 110(c) to promulgate a federal
given of a proposed consent decree to
address a lawsuit filed by Center for encryption, and may be mailed to the implementation plan (‘‘FIP’’) for the
Biological Diversity, Center for mailing address above. State of Montana with respect to
Environmental Health, and Neighbors FOR FURTHER INFORMATION CONTACT: requirements of section 110(a)(2)(E)(ii)
for Clean Air (‘‘Plaintiffs’’) in the United Geoffrey L. Wilcox, Air and Radiation and section 128 pertaining to state
States District Court for the Northern Law Office (2344A), Office of General boards that approve permits or
District of California: Center for Counsel, U.S. Environmental Protection enforcement orders, or to the head of an
Biological Diversity, et al. v. EPA, No. Agency, 1200 Pennsylvania Ave., NW., executive agency with similar powers.
4:15–cv–4663–SBA (N.D. CA.). On Washington, DC 20460; telephone: (202) In the proposed consent decree, EPA
December 14, 2015, Plaintiffs filed a 564–5601; fax number: (202) 564–5603; agrees to take final action no later than
First Amended Complaint alleging that email address: wilcox.geoffrey@epa.gov. September 30, 2016, with respect to this
Gina McCarthy, in her official capacity SUPPLEMENTARY INFORMATION:
claim.
as Administrator of the United States For all of the actions governed by the
Environmental Protection Agency I. Additional Information About the proposed consent decree, EPA would be
(‘‘EPA’’), failed to perform specific Proposed Consent Decree required to deliver the notice to the
duties mandated by the CAA. First, The proposed consent decree would Office of Federal Register for review and
Plaintiffs allege that EPA failed to make resolve a lawsuit filed by the Plaintiffs publication within 15 days of signature.
a finding concerning whether the State seeking to compel EPA to take various The proposed consent decree is in the
of California has made a complete state actions required under CAA. The docket for this action. For a period of
implementation plan (‘‘SIP’’) proposed consent decree would thirty (30) days following the date of
submission to address nonattainment establish deadlines by which EPA must publication of this notice, the Agency
new source review (‘‘NNSR’’) take certain actions specified in order to will accept written comments relating to
requirements related to the 2006 fine resolve the claims in the First Amended the proposed consent decree from
particulate matter (‘‘PM2.5’’) National Complaint. Those actions are described persons who are not named as parties or
Ambient Air Quality Standard generally below; see the proposed intervenors to the litigation in question.
(‘‘NAAQS’’) for El Dorado and Yolo- consent decree for the specific details. EPA or the Department of Justice may
Solano air districts in California. First, Plaintiffs allege that EPA failed withdraw or withhold consent to the
Second, Plaintiffs allege that EPA failed to meet a duty under section proposed consent decree if the
to take final action to approve, 110(k)(1)(B) to make a finding comments disclose facts or
disapprove, or conditionally approve, in concerning whether the State of considerations that indicate that such
whole or in part, certain complete SIP California has made a complete state consent is inappropriate, improper,
submissions from the States of Arizona, implementation plan (‘‘SIP’’) inadequate, or inconsistent with the
California, Idaho, Oregon, and Utah submission to address nonattainment requirements of the Act. Unless EPA or
intended to address NNSR or other new source review (‘‘NNSR’’) the Department of Justice determines
specific requirements related to the requirements related to the 2006 fine that consent to this proposed consent
2006 PM2.5 NAAQS for certain particulate matter (‘‘PM2.5’’) National decree should be withdrawn, the terms
designated nonattainment areas. Third, Ambient Air Quality Standard of the consent decree will be affirmed.
Plaintiffs allege that EPA has failed to (‘‘NAAQS’’) for El Dorado and Yolo- II. Additional Information About
meet a duty to promulgate a federal Solano air districts in California. In the Commenting on the Proposed Consent
implementation plan (‘‘FIP’’) for the proposed consent decree, EPA agrees to Decree
State of Montana with respect to SIP take action to determine whether or not
requirements pertaining to state boards the state has made a complete SIP A. How can I get a copy of the proposed
that approve permits or enforcement submission to address these consent decree?
orders, or to the head of an executive requirements for each of these two areas The official public docket for this
agency with similar powers. The by no later than May 30, 2016. action (identified by EPA–HQ–OGC–
proposed consent decree would
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Second, Plaintiffs allege that EPA 2016–0172) contains a copy of the
establish deadlines for EPA to take failed to meet a duty under section proposed consent decree. The official
certain specified actions. 110(k) to take final action to approve, public docket is available for public
DATES: Written comments on the disapprove, or conditionally approve, in viewing at the Office of Environmental
proposed consent decree must be whole or in part, certain complete SIP Information (OEI) Docket in the EPA
received by May 4, 2016. submissions from the States of Arizona, Docket Center, EPA West, Room 3334,
ADDRESSES: Submit your comments, California, Idaho, Oregon, and Utah 1301 Constitution Ave. NW.,
identified by Docket ID number EPA– intended to address NNSR or other Washington, DC. The EPA Docket
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![19176 Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices
Center Public Reading Room is open be included as part of the comment that aquatic life. Cadmium enters the
from 8:30 a.m. to 4:30 p.m., Monday is placed in the official public docket, environment by natural and human
through Friday, excluding legal and made available in EPA’s electronic processes, however, human sources,
holidays. The telephone number for the public docket. If EPA cannot read your such as mining and urban processes, are
Public Reading Room is (202) 566–1744, comment due to technical difficulties responsible for contributing
and the telephone number for the OEI and cannot contact you for clarification, approximately 90 percent of the
Docket is (202) 566–1752. EPA may not be able to consider your cadmium found in surface waters.
An electronic version of the public comment. FOR FURTHER INFORMATION CONTACT:
docket is available through Use of the www.regulations.gov Web Mike Elias, Health and Ecological
www.regulations.gov. You may use site to submit comments to EPA Criteria Division, Office of Water (Mail
www.regulations.gov to submit or view electronically is EPA’s preferred method Code 4304T), Environmental Protection
public comments, access the index for receiving comments. The electronic Agency, 1200 Pennsylvania Avenue
listing of the contents of the official public docket system is an ‘‘anonymous NW., Washington, DC 20460; telephone
public docket, and access those access’’ system, which means EPA will number: (202) 566–0120; email address:
documents in the public docket that are not know your identity, email address, elias.mike@epa.gov.
available electronically. Once in the or other contact information unless you
system, key in the appropriate docket SUPPLEMENTARY INFORMATION:
provide it in the body of your comment.
identification number then select In contrast to EPA’s electronic public I. General Information
‘‘search’’. docket, EPA’s electronic mail (email)
It is important to note that EPA’s system is not an ‘‘anonymous access’’ A. How can I get copies of this
policy is that public comments, whether system. If you send an email comment document and other related
submitted electronically or in paper, directly to the Docket without going information?
will be made available for public through www.regulations.gov, your 1. Docket. EPA has established a
viewing online at www.regulations.gov email address is automatically captured docket for this action under Docket ID
without change, unless the comment and included as part of the comment No. EPA–HQ–OW–2015–0753. Publicly
contains copyrighted material, CBI, or that is placed in the official public available docket materials are available
other information whose disclosure is docket, and made available in EPA’s either electronically through
restricted by statute. Information electronic public docket. www.regulations.gov or in hard copy at
claimed as CBI and other information
Dated: March 23, 2016. the Water Docket in the EPA Docket
whose disclosure is restricted by statute
Lorie J. Schmidt, Center, (EPA/DC) EPA West, Room
is not included in the official public
docket or in the electronic public Associate General Counsel.
3334, 1301 Constitution Ave. NW.,
docket. EPA’s policy is that copyrighted Washington, DC. The EPA Docket
[FR Doc. 2016–07491 Filed 4–1–16; 8:45 am]
material, including copyrighted material Center Public Reading Room is open
BILLING CODE 6560–50–P
contained in a public comment, will not from 8:30 a.m. to 4:30 p.m., Monday
be placed in EPA’s electronic public through Friday, excluding legal
docket but will be available only in ENVIRONMENTAL PROTECTION holidays. The telephone number for the
printed, paper form in the official public AGENCY Public Reading Room is (202) 566–1744,
docket. Although not all docket and the telephone number for the Water
[EPA–HQ–OW–2015–0753; FRL 9944-46– Docket is (202) 566–2426.
materials may be available OW]
electronically, you may still access any 2. Electronic Access. You may access
of the publicly available docket this Federal Register document
Recommended Aquatic Life Ambient
materials through the EPA Docket electronically from the Government
Water Quality Criteria for Cadmium—
Center. Printing Office under the ‘‘Federal
2016
Register’’ listings on FDSys (http://
B. How and to whom do I submit AGENCY: Environmental Protection www.gpo.gov/fdsys/browse/
comments? Agency (EPA). collection.action?collectionCode=FR).
You may submit comments as ACTION: Notice of availability. II. What are EPA’s recommended water
provided in the ADDRESSES section. quality criteria?
Please ensure that your comments are SUMMARY: The Environmental Protection
submitted within the specified comment Agency (EPA) is announcing the release EPA’s recommended water quality
period. Comments received after the of recommended aquatic life water criteria are scientifically derived
close of the comment period will be quality criteria for cadmium. EPA has numeric values that protect aquatic life
marked ‘‘late.’’ EPA is not required to updated its national recommended or human health from the deleterious
consider these late comments. ambient water quality criteria for effects of pollutants in ambient water.
If you submit an electronic comment, cadmium in order to reflect the latest Section 304(a)(1) of the Clean Water Act
EPA recommends that you include your scientific information, and current EPA (CWA) directs EPA to develop and
name, mailing address, and an email policies and methods. EPA’s water publish and, from time to time, revise
address or other contact information in quality criteria for cadmium provides criteria for protection of aquatic life and
the body of your comment and with any recommendations to states and tribes human health that accurately reflect the
disk or CD ROM you submit. This authorized to establish water quality latest scientific knowledge. Water
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ensures that you can be identified as the standards under the Clean Water Act. In quality criteria developed under section
submitter of the comment and allows adopting water quality standards, states 304(a) are based solely on data and the
EPA to contact you in case EPA cannot set exposure protections for aquatic life; latest scientific knowledge on the
read your comment due to technical acute exposure to cadmium results in relationship between pollutant
difficulties or needs further information lethality, while chronic exposure to concentrations and environmental and
on the substance of your comment. Any cadmium negatively impacts growth, human health effects. Section 304(a)
identifying or contact information development, behavior, reproduction, criteria do not reflect consideration of
provided in the body of a comment will and immune and endocrine systems in economic impacts or the technological
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Document Created: 2016-04-02 03:53:46
Document Modified: 2016-04-02 03:53:46
| 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 May 4, 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 | 81 FR 19175 |
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