81_FR_22151 81 FR 22079 - Proposed Consent Decree, Clean Air Act Citizen Suit

81 FR 22079 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 72 (April 14, 2016)

Page Range22079-22080
FR Document2016-08626

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 State of Nevada and the Nevada Department of Conservation and Natural Resources, Division of Environmental Protection (collectively ``Plaintiffs'') in the United States District Court for Nevada: State of Nevada, et al., v. McCarthy, No. 3:15-cv-00396-HDM-WGC (D. Nev.). On July 31, 2015, Plaintiffs filed this 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 take final action on the portion of Nevada's state implementation plan (``SIP'') submission intended to address interstate transport requirements for the 2008 ozone national ambient air quality standards (``NAAQS''). The proposed consent decree would establish a deadline for EPA to take certain specified actions.

Federal Register, Volume 81 Issue 72 (Thursday, April 14, 2016)
[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Notices]
[Pages 22079-22080]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08626]



[[Page 22079]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2016-0195; 9944-98-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 State of Nevada and 
the Nevada Department of Conservation and Natural Resources, Division 
of Environmental Protection (collectively ``Plaintiffs'') in the United 
States District Court for Nevada: State of Nevada, et al., v. McCarthy, 
No. 3:15-cv-00396-HDM-WGC (D. Nev.). On July 31, 2015, Plaintiffs filed 
this 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 take final 
action on the portion of Nevada's state implementation plan (``SIP'') 
submission intended to address interstate transport requirements for 
the 2008 ozone national ambient air quality standards (``NAAQS''). The 
proposed consent decree would establish a deadline for EPA to take 
certain specified actions.

DATES: Written comments on the proposed consent decree must be received 
by May 16, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0195, 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: Zachary Pilchen, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-2812; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit filed by 
Plaintiffs seeking to compel the Administrator to take action under CAA 
section 110(k)(2)-(3). Plaintiffs allege that the Administrator has 
failed to perform a non-discretionary duty to take final action on the 
portion of Nevada's SIP submission intended to address the requirements 
of 42 U.S.C. 7410(a)(2)(D)(i)(I) for the 2008 ozone NAAQS. Under the 
terms of the proposed consent decree, EPA would agree to take certain 
specified actions by February 13, 2017 to resolve those claims. See the 
proposed consent decree for more details. The proposed consent decree 
also provides for the possibility that circumstances beyond EPA's 
reasonable control could delay compliance with the February 13, 2017 
deadline, and provides a framework for extending that deadline. In 
addition, the proposed consent decree enumerates Plaintiffs' costs of 
litigation, including attorney fees, and provides that payment of those 
costs will constitute a full and complete settlement of all of 
Plaintiffs' costs in connection with this litigation.
    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 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 Docket ID 
No. EPA-HQ-OGC-2016-0195) 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 the 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

[[Page 22080]]

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: April 6, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-08626 Filed 4-13-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                                Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                           22079

                                                  ENVIRONMENTAL PROTECTION                                564–2812; fax number (202) 564–5603;                  Room 3334, 1301 Constitution Ave.
                                                  AGENCY                                                  email address: pilchen.zach@epa.gov.                  NW., Washington, DC. The EPA Docket
                                                                                                          SUPPLEMENTARY INFORMATION:                            Center Public Reading Room is open
                                                  [EPA–HQ–OGC–2016–0195; 9944–98–OGC]
                                                                                                                                                                from 8:30 a.m. to 4:30 p.m., Monday
                                                                                                          I. Additional Information About the                   through Friday, excluding legal
                                                  Proposed Consent Decree, Clean Air                      Proposed Consent Decree
                                                  Act Citizen Suit                                                                                              holidays. The telephone number for the
                                                                                                             This proposed consent decree would                 Public Reading Room is (202) 566–1744,
                                                  AGENCY:  Environmental Protection                       resolve a lawsuit filed by Plaintiffs                 and the telephone number for the OEI
                                                  Agency (EPA).                                           seeking to compel the Administrator to                Docket is (202) 566–1752.
                                                  ACTION: Notice of proposed consent                      take action under CAA section                            An electronic version of the public
                                                  decree; request for public comment.                     110(k)(2)–(3). Plaintiffs allege that the             docket is available through
                                                                                                          Administrator has failed to perform a                 www.regulations.gov. You may use the
                                                  SUMMARY:    In accordance with section                  non-discretionary duty to take final                  www.regulations.gov to submit or view
                                                  113(g) of the Clean Air Act, as amended                 action on the portion of Nevada’s SIP                 public comments, access the index
                                                  (‘‘CAA’’ or the ‘‘Act’’), notice is hereby              submission intended to address the                    listing of the contents of the official
                                                  given of a proposed consent decree to                   requirements of 42 U.S.C.                             public docket, and access those
                                                  address a lawsuit filed by the State of                 7410(a)(2)(D)(i)(I) for the 2008 ozone                documents in the public docket that are
                                                  Nevada and the Nevada Department of                     NAAQS. Under the terms of the                         available electronically. Once in the
                                                  Conservation and Natural Resources,                     proposed consent decree, EPA would                    system, key in the appropriate docket
                                                  Division of Environmental Protection                    agree to take certain specified actions by            identification number then select
                                                  (collectively ‘‘Plaintiffs’’) in the United             February 13, 2017 to resolve those                    ‘‘search.’’
                                                  States District Court for Nevada: State of              claims. See the proposed consent decree                  It is important to note that EPA’s
                                                  Nevada, et al., v. McCarthy, No. 3:15–                  for more details. The proposed consent                policy is that public comments, whether
                                                  cv–00396–HDM–WGC (D. Nev.). On                          decree also provides for the possibility              submitted electronically or in paper,
                                                  July 31, 2015, Plaintiffs filed this                    that circumstances beyond EPA’s                       will be made available for public
                                                  complaint alleging that Gina McCarthy,                  reasonable control could delay                        viewing online at www.regulations.gov
                                                  in her official capacity as Administrator               compliance with the February 13, 2017                 without change, unless the comment
                                                  of the United States Environmental                      deadline, and provides a framework for                contains copyrighted material, CBI, or
                                                  Protection Agency (‘‘EPA’’), failed to                  extending that deadline. In addition, the             other information whose disclosure is
                                                  perform a non-discretionary duty to take                proposed consent decree enumerates                    restricted by statute. Information
                                                  final action on the portion of Nevada’s                 Plaintiffs’ costs of litigation, including            claimed as CBI and other information
                                                  state implementation plan (‘‘SIP’’)                     attorney fees, and provides that                      whose disclosure is restricted by statute
                                                  submission intended to address                          payment of those costs will constitute a              is not included in the official public
                                                  interstate transport requirements for the               full and complete settlement of all of                docket or in the electronic public
                                                  2008 ozone national ambient air quality                 Plaintiffs’ costs in connection with this             docket. EPA’s policy is that copyrighted
                                                  standards (‘‘NAAQS’’). The proposed                     litigation.                                           material, including copyrighted material
                                                  consent decree would establish a                           For a period of thirty (30) days                   contained in a public comment, will not
                                                  deadline for EPA to take certain                        following the date of publication of this             be placed in EPA’s electronic public
                                                  specified actions.                                      notice, the Agency will accept written                docket but will be available only in
                                                  DATES: Written comments on the                          comments relating to the proposed                     printed, paper form in the official public
                                                  proposed consent decree must be                         consent decree from persons who are                   docket. Although not all docket
                                                  received by May 16, 2016.                               not named as parties or intervenors to                materials may be available
                                                                                                          the litigation in question. EPA or the                electronically, you may still access any
                                                  ADDRESSES: Submit your comments,
                                                                                                          Department of Justice may withdraw or                 of the publicly available docket
                                                  identified by Docket ID number EPA–                                                                           materials through the EPA Docket
                                                  HQ–OGC–2016–0195, online at                             withhold consent to the proposed
                                                                                                          consent decree if the comments disclose               Center.
                                                  www.regulations.gov (EPA’s preferred
                                                  method); by email to oei.docket@                        facts or considerations that indicate that            B. How and to whom do I submit
                                                  epa.gov; by mail to EPA Docket Center,                  such consent is inappropriate,                        comments?
                                                  Environmental Protection Agency,                        improper, inadequate, or inconsistent                   You may submit comments as
                                                  Mailcode: 2822T, 1200 Pennsylvania                      with the requirements of the Act. Unless              provided in the ADDRESSES section.
                                                  Ave. NW., Washington, DC 20460–0001;                    EPA or the Department of Justice                      Please ensure that your comments are
                                                  or by hand delivery or courier to EPA                   determines that consent to this consent               submitted within the specified comment
                                                  Docket Center, EPA West, Room 3334,                     decree should be withdrawn, the terms                 period. Comments received after the
                                                  1301 Constitution Ave. NW.,                             of the consent decree will be affirmed.               close of the comment period will be
                                                  Washington, DC, between 8:30 a.m. and                   II. Additional Information About                      marked ‘‘late.’’ EPA is not required to
                                                  4:30 p.m. Monday through Friday,                        Commenting on the Proposed Consent                    consider these late comments.
                                                  excluding legal holidays. Comments on                   Decree                                                  If you submit an electronic comment,
                                                  a disk or CD–ROM should be formatted                                                                          EPA recommends that you include your
                                                  in Word or ASCII file, avoiding the use                 A. How can I get a copy of the proposed               name, mailing address, and an email
                                                  of special characters and any form of                   consent decree?                                       address or other contact information in
                                                  encryption, and may be mailed to the
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                                                                                                            The official public docket for this                 the body of your comment and with any
                                                  mailing address above.                                  action (identified by Docket ID No.                   disk or CD ROM you submit. This
                                                  FOR FURTHER INFORMATION CONTACT:                        EPA–HQ–OGC–2016–0195) contains a                      ensures that you can be identified as the
                                                  Zachary Pilchen, Air and Radiation Law                  copy of the proposed consent decree.                  submitter of the comment and allows
                                                  Office (2344A), Office of General                       The official public docket is available               EPA to contact you in case EPA cannot
                                                  Counsel, U.S. Environmental Protection                  for public viewing at the Office of                   read your comment due to technical
                                                  Agency, 1200 Pennsylvania Ave. NW.,                     Environmental Information (OEI) Docket                difficulties or needs further information
                                                  Washington, DC 20460; telephone: (202)                  in the EPA Docket Center, EPA West,                   on the substance of your comment. Any


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                                                  22080                         Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  identifying or contact information                      9607(a). For thirty (30) days following               SUMMARY:   The Environmental Protection
                                                  provided in the body of a comment will                  the date of publication of this Notice in             Agency is planning to submit an
                                                  be included as part of the comment that                 the Federal Register, the Agency will                 Information Collection Request (ICR),
                                                  is placed in the official public docket,                receive written comments relating to the              Registration of Fuels and Fuel
                                                  and made available in EPA’s electronic                  settlement. The Agency will consider all              Additives—Health-Effects Research
                                                  public docket. If EPA cannot read your                  comments received and may modify or                   Requirements for Manufacturers, EPA
                                                  comment due to technical difficulties                   withdraw its consent to the settlement                ICR No. 1696.09, OMB Control No.
                                                  and cannot contact you for clarification,               if comments received disclose facts or                2060–0297, to the Office of Management
                                                  EPA may not be able to consider your                    considerations which indicate the                     and Budget (OMB) for review and
                                                  comment.                                                proposed settlement is inappropriate,                 approval in accordance with the
                                                     Use of the www.regulations.gov Web                   improper, or inadequate. The Agency’s                 Paperwork Reduction Act (PRA) (44
                                                  site to submit comments to EPA                          response to any comments received will                U.S.C. 3501 et seq.). Before doing so,
                                                  electronically is EPA’s preferred method                be available for public inspection at 75              EPA is soliciting public comments on
                                                  for receiving comments. The electronic                  Hawthorne Street, San Francisco, CA                   specific aspects of the proposed
                                                  public docket system is an ‘‘anonymous                  94105.                                                information collection as described
                                                  access’’ system, which means EPA will                   DATES: Pursuant to section 122(i) of                  below. This is a proposed extension of
                                                  not know your identity, email address,                  CERCLA, EPA will receive written                      the ICR, which is currently approved
                                                  or other contact information unless you                 comments relating to this proposed                    through September 30, 2016. An Agency
                                                  provide it in the body of your comment.                 settlement on or before May 16, 2016.                 may not conduct or sponsor and a
                                                  In contrast to EPA’s electronic public                  ADDRESSES: The proposed settlement is
                                                                                                                                                                person is not required to respond to a
                                                  docket, EPA’s electronic mail (email)                   available for public inspection at EPA                collection of information unless it
                                                  system is not an ‘‘anonymous access’’                   Region IX, 75 Hawthorne Street, San                   displays a currently valid OMB control
                                                  system. If you send an email comment                    Francisco, California. A copy of the                  number.
                                                  directly to the Docket without going                    proposed settlement may be obtained                   DATES: Comments must be submitted on
                                                  through www.regulations.gov, your                       from Rachel Tennis, Assistant Regional                or before June 13, 2016.
                                                  email address is automatically captured                 Counsel (ORC–3), U.S. EPA Region IX,                  ADDRESSES: Submit your comments,
                                                  and included as part of the comment                     75 Hawthorne Street, San Francisco, CA
                                                  that is placed in the official public                                                                         referencing Docket ID No. EPA–HQ–
                                                                                                          94105; phone: (415) 972–3746.                         OAR–2006–0525, online using
                                                  docket, and made available in EPA’s                     Comments should reference the
                                                  electronic public docket.                                                                                     www.regulations.gov (our preferred
                                                                                                          Yosemite Slough Site, San Francisco,                  method), by email to a-and-r-docket@
                                                    Dated: April 6, 2016.                                 California and should be addressed to                 epa.gov, or by mail to: EPA Docket
                                                  Lorie J. Schmidt,                                       Rachel Tennis at the above address.                   Center, Environmental Protection
                                                  Associate General Counsel.                              FOR FURTHER INFORMATION CONTACT:                      Agency, Mail Code 28221T, 1200
                                                  [FR Doc. 2016–08626 Filed 4–13–16; 8:45 am]             Rachel Tennis, Assistant Regional                     Pennsylvania Ave. NW., Washington,
                                                  BILLING CODE 6560–50–P                                  Counsel (ORC–3), U.S. EPA Region IX,                  DC 20460.
                                                                                                          75 Hawthorne Street, San Francisco, CA                  EPA’s policy is that all comments
                                                                                                          94105; phone: (415) 972–3746; fax: (417)              received will be included in the public
                                                  ENVIRONMENTAL PROTECTION                                947–3570; email: tennis.rachel@epa.gov.               docket without change including any
                                                  AGENCY                                                  SUPPLEMENTARY INFORMATION: Party to                   personal information provided, unless
                                                  [FRL–9944–99–Region 9]                                  the Proposed Settlement: Development                  the comment includes profanity, threats,
                                                                                                          Specialists, Inc., solely in its capacity as          information claimed to be Confidential
                                                  Yosemite Slough Site, San Francisco,                    assignee for the benefit of creditors of              Business Information (CBI) or other
                                                  California; Notice of Proposed                          Romic Environmental Technologies.                     information whose disclosure is
                                                  CERCLA Ability To Pay Settlement                          Dated: March 17, 2016.                              restricted by statute.
                                                                                                          Enrique Manzanilla,                                   FOR FURTHER INFORMATION CONTACT:
                                                  AGENCY: Environmental Protection
                                                  Agency (EPA).                                           Director, Superfund Division, U.S. EPA,               James W. Caldwell, Compliance
                                                                                                          Region IX.                                            Division, Office of Transportation and
                                                  ACTION: Notice; request for comment.
                                                                                                          [FR Doc. 2016–08627 Filed 4–13–16; 8:45 am]           Air Quality, Mailcode: 6406J,
                                                  SUMMARY:    In accordance with section                  BILLING CODE 6560–50–P                                Environmental Protection Agency, 1200
                                                  122(i) of the Comprehensive                                                                                   Pennsylvania Ave. NW., Washington,
                                                  Environmental Response, Compensation                                                                          DC 20460; telephone number: (202)
                                                  and Liability Act of 1980, as amended                   ENVIRONMENTAL PROTECTION                              343–9303; fax number: (202) 343–2800;
                                                  (CERCLA), 42 U.S.C. 9622(i), notice is                  AGENCY                                                email address: caldwell.jim@epa.gov.
                                                  hereby given of a proposed                              [EPA–HQ–OAR–2006–0525; FRL–9944–97–                   SUPPLEMENTARY INFORMATION:
                                                  administrative settlement with one                      OAR]                                                  Supporting documents which explain in
                                                  ability to pay party for recovery of                                                                          detail the information that the EPA will
                                                  response costs concerning the Yosemite                  Proposed Information Collection                       be collecting are available in the public
                                                  Slough Site in San Francisco, California.               Request; Comment Request;                             docket for this ICR. The docket can be
                                                  The settlement is entered into pursuant                 Registration of Fuels and Fuel                        viewed online at www.regulations.gov
                                                                                                          Additives—Health-Effects Research
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  to Section 122(h)(1) of CERCLA, 42                                                                            or in person at the EPA Docket Center,
                                                  U.S.C. 9622(h)(1), and it requires the                  Requirements for Manufacturers; EPA                   WJC West, Room 3334, 1301
                                                  settling party to pay $193,000 to the                   ICR No. 1696.09, OMB Control No.                      Constitution Ave. NW., Washington,
                                                  United States Environmental Protection                  2060–0297                                             DC. The telephone number for the
                                                  Agency (Agency). The settlement                         AGENCY: Environmental Protection                      Docket Center is 202–566–1744. For
                                                  includes a covenant not to sue the                      Agency (EPA).                                         additional information about EPA’s
                                                  settling party pursuant to Sections 106                                                                       public docket, visit http://www.epa.gov/
                                                                                                          ACTION: Notice.
                                                  or 107(a) of CERCLA, 42 U.S.C. 9606 or                                                                        dockets.


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Document Created: 2018-02-07 13:48:10
Document Modified: 2018-02-07 13:48:10
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 May 16, 2016.
ContactZachary Pilchen, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
FR Citation81 FR 22079 

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