81 FR 29260 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 91 (May 11, 2016)
Federal Register Volume 81, Issue 91 (May 11, 2016)
| Page Range | 29260-29262 | |
| FR Document | 2016-11126 |
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)] [Notices] [Pages 29260-29262] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11126] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0250; FRL 9946-28-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 Midwest Environmental Defense Center, Inc. (MEDC or Plaintiff), in the United States District Court for the Eastern District of Wisconsin: Midwest Environmental Defense Center v. McCarthy, Civil Action No. 1:15-cv-1511 (E.D. Wis.). On December 17, 2015, Plaintiff filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to [[Page 29261]] perform a nondiscretionary duty to grant or deny within 60 days a petition submitted by Plaintiff on October 28, 2013, requesting that EPA object to a CAA Title V permit issued by the Wisconsin Department of Natural Resources (``WDNR''), to Appleton Coated, LLC, authorizing the operation of its facility located in Combined Locks, Wisconsin. The proposed consent decree would establish a deadline for EPA to take such action. DATES: Written comments on the proposed consent decree must be received by June 10, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0250, online at http://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: Dan Conrad, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-0903; 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 Plaintiff seeking to compel the Administrator to take actions under CAA section 505(b)(2). Under the terms of the proposed consent decree, EPA would agree to sign its response granting or denying the petition filed by Plaintiff regarding the Appleton Coated, LLC facility located in Combined Locks, Wisconsin pursuant to section 505(b)(2) of the CAA, on or before October 14, 2016. Under the terms of the proposed consent decree, EPA would expeditiously deliver notice of EPA's response to the Office of the Federal Register for review and publication following signature of such response. In addition, the proposed consent decree outlines the settlement in regard to Plaintiff's attorney fees. 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 consent decree? The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2016-0250) 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 http://www.regulations.gov. You may use http://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 http://www.regulations.gov without change, unless the comment contains copyrighted material, confidential business information (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 http://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 http://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. [[Page 29262]] Dated: May 3, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016-11126 Filed 5-10-16; 8:45 am] BILLING CODE P
![29260 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
l. With this notice, we are designating 203 of the Federal Power Act and Docket Numbers: QM16–1–000.
Holyoke Gas and Electric as the Request for Expedited Action, Applicants: Nebraska Public Power
Commission’s non-federal Confidential Treatment, and Waivers. District.
representative for carrying out informal Filed Date: 5/3/16. Description: Supplemental Response
consultation pursuant to section 7 of the Accession Number: 20160503–5201. to April 19, 2016 Deficiency Letter on
Endangered Species Act and section 106 Comments Due: 5 p.m. ET 5/24/16. behalf of the Nebraska Public Power
of the National Historic Preservation Take notice that the Commission District.
Act. received the following electric rate Filed Date: 5/3/16.
m. Holyoke Gas & Electric filed a Pre- filings: Accession Number: 20160503–5199.
Application Document (PAD; including Comments Due: 5 p.m. ET 5/31/16.
Docket Numbers: ER13–432–004.
a proposed process plan and schedule) Applicants: Entergy Services, Inc. The filings are accessible in the
with the Commission, pursuant to 18 Description: Compliance Filing of Commission’s eLibrary system by
CFR 5.6 of the Commission’s Entergy Services, Inc. Pursuant to clicking on the links or querying the
regulations. Opinion No. 547. docket number.
n. A copy of the PAD is available for Any person desiring to intervene or
Filed Date: 5/3/16.
review at the Commission in the Public protest in any of the above proceedings
Accession Number: 20160503–5207.
Reference Room or may be viewed on must file in accordance with Rules 211
Comments Due: 5 p.m. ET 5/24/16.
the Commission’s Web site (http:// and 214 of the Commission’s
www.ferc.gov), using the ‘‘eLibrary’’ Docket Numbers: ER15–1218–003; Regulations (18 CFR 385.211 and
link. Enter the docket number, ER15–2224–002; ER16–1154–002. 385.214) on or before 5:00 p.m. Eastern
excluding the last three digits in the Applicants: Solar Star California XIII, time on the specified comment date.
docket number field to access the LLC, Solar Star Colorado III, LLC, Protests may be considered, but
document. For assistance, contact FERC Parrey, LLC. intervention is necessary to become a
Online Support at Description: Notice of Non-Material of party to the proceeding.
FERCONlineSupport@ferc.gov, (866) Change in Status of Solar Star California eFiling is encouraged. More detailed
208–3676 (toll free), or (202) 502–8659 XIII, LLC, et al. information relating to filing
(TTY). A copy is also available for Filed Date: 5/2/16. requirements, interventions, protests,
inspection and reproduction at the Accession Number: 20160502–5498. service, and qualifying facilities filings
address in paragraph h. Comments Due: 5 p.m. ET 5/23/16. can be found at: http://www.ferc.gov/
o. The licensee states its unequivocal Docket Numbers: ER16–1621–000. docs-filing/efiling/filing-req.pdf. For
intent to submit an application for a Applicants: Public Service Company other information, call (866) 208–3676
new license for Project No. 2768. of Colorado. (toll free). For TTY, call (202) 502–8659.
Pursuant to 18 CFR 16.8, 16.9, and Description: Compliance filing: SPS
Dated: May 5, 2016.
16.10, each application for a new Line Loss Percentages Compliance filing
to be effective 5/1/2016. Nathaniel J. Davis, Sr.,
license and any competing license
applications must be filed with the Filed Date: 5/5/16. Deputy Secretary.
Commission at least 24 months prior to Accession Number: 20160505–5101. [FR Doc. 2016–11110 Filed 5–10–16; 8:45 am]
the expiration of the existing license. Comments Due: 5 p.m. ET 5/26/16. BILLING CODE 6717–01–P
All applications for license for this Docket Numbers: ER16–1622–000.
project must be filed by February 28, Applicants: Southern California
2019. Edison Company. ENVIRONMENTAL PROTECTION
p. Register online at http:// Description: Section 205(d) Rate AGENCY
www.ferc.gov/docs-filing/ Filing: 2016 Revised Added Facilities [EPA–HQ–OGC–2016–0250; FRL 9946–28–
esubscription.asp to be notified via Rate under WDAT—Filing No. 11 to be OGC]
email of new filing and issuances effective 1/1/2016.
related to this or other pending projects. Filed Date: 5/5/16. Proposed Consent Decree, Clean Air
For assistance, contact FERC Online Accession Number: 20160505–5104. Act Citizen Suit
Support. Comments Due: 5 p.m. ET 5/26/16.
AGENCY: Environmental Protection
Dated: April 29, 2016. Docket Numbers: ER16–1623–000. Agency (EPA).
Kimberly D. Bose, Applicants: New York State Electric &
ACTION: Notice of proposed consent
Secretary. Gas Corporation.
Description: Notice of Termination of decree; request for public comment.
[FR Doc. 2016–11013 Filed 5–10–16; 8:45 am]
BILLING CODE 6717–01–P
Interconnection Agreement of New York SUMMARY: In accordance with section
State Electric & Gas Corporation. 113(g) of the Clean Air Act, as amended
Filed Date: 5/4/16. (‘‘CAA’’ or the ‘‘Act’’), notice is hereby
DEPARTMENT OF ENERGY Accession Number: 20160504–5203. given of a proposed consent decree to
Comments Due: 5 p.m. ET 5/25/16. address a lawsuit filed by Midwest
Federal Energy Regulatory Docket Numbers: ER16–1624–000. Environmental Defense Center, Inc.
Commission Applicants: PacifiCorp. (MEDC or Plaintiff), in the United States
Description: Section 205(d) Rate District Court for the Eastern District of
Combined Notice of Filings #1 Filing: Tri-State E&P Agreement ? Wisconsin: Midwest Environmental
mstockstill on DSK3G9T082PROD with NOTICES
Take notice that the Commission Monolith Tap to be effective 4/22/2016. Defense Center v. McCarthy, Civil
received the following electric corporate Filed Date: 5/5/16. Action No. 1:15–cv–1511 (E.D. Wis.).
filings: Accession Number: 20160505–5130. On December 17, 2015, Plaintiff filed a
Docket Numbers: EC16–114–000. Comments Due: 5 p.m. ET 5/26/16. complaint alleging that Gina McCarthy,
Applicants: Parrey, LLC. Take notice that the Commission in her official capacity as Administrator
Description: Application of Parrey, received the following PURPA of the United States Environmental
LLC for Authorization Under Section 210(m)(3) filings: Protection Agency (‘‘EPA’’), failed to
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![29262 Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices
Dated: May 3, 2016. Ms. McCubbin at the address above by 11:30 a.m. and ending at 1:45 p.m.; and
Lorie J. Schmidt, June 2, 2016. The Subcommittee expects Wednesday, June 22, 2016, beginning at
Associate General Counsel. that public statements presented at its 11:30 a.m. and ending at 3:00 p.m.
[FR Doc. 2016–11126 Filed 5–10–16; 8:45 am] meetings will not be repetitive of ADDRESSES: The workshop will be held
BILLING CODE P
previously submitted oral or written by teleconference and webinar. The call
statements. in number and Web site information for
SUPPLEMENTARY INFORMATION: During the the webinar are available to registered
ENVIRONMENTAL PROTECTION meeting, the Subcommittee may also participants. Please register by going to
AGENCY hear progress reports from some of its http://pm-isa-peerinput-
workgroups as well as updates and webinars.eventbrite.com.
[FRL–9946–25–OAR]
announcements on activities of general FOR FURTHER INFORMATION CONTACT:
Meeting of the Mobile Sources interest to attendees. Please direct questions regarding
Technical Review Subcommittee For Individuals with Disabilities: For workshop registration or logistics to
information on access or services for Canden Byrd at EPA_NAAQS_
AGENCY: Environmental Protection individuals with disabilities, please Workshop@icfi.com or by phone at 919–
Agency (EPA). contact Ms. McCubbin (see above). To 293–1660. Questions regarding the
ACTION: Notice of meeting. request accommodation of a disability, scientific and technical aspects of the
please contact Ms. McCubbin, workshop should be directed to Mr.
SUMMARY: Pursuant to the Federal
preferably at least 10 days prior to the Jason Sacks; telephone: 919–541–9729;
Advisory Committee Act, Public Law
meeting, to give EPA as much time as facsimile: 919–541–1818; email:
92–463, notice is hereby given that the
possible to process your request. sacks.jason@epa.gov.
Mobile Sources Technical Review
Subcommittee (MSTRS) will meet on Dated: May 5, 2016. SUPPLEMENTARY INFORMATION:
June 16, 2016. The MSTRS is a Christopher Grundler, I. Summary of Information About the
subcommittee under the Clean Air Act Director, Office of Transportation and Air Workshop
Advisory Committee. This is an open Quality, Office of Air and Radiation.
Section 109(d) of the Clean Air Act
meeting. The meeting will include [FR Doc. 2016–11127 Filed 5–10–16; 8:45 am]
(CAA) requires the U.S. EPA to conduct
discussion of current topics and BILLING CODE 6560–50–P
periodic reviews of the air quality
presentations about activities being
criteria for each air pollutant listed
conducted by EPA’s Office of
ENVIRONMENTAL PROTECTION under section 108 of the Act. Based on
Transportation and Air Quality. The
AGENCY such review, EPA is to retain or revise
preliminary agenda for the meeting and
the NAAQS for a given pollutant as
any notices about change in venue will [FRL–9946–21–ORD] appropriate. As part of these reviews,
be posted on the Subcommittee’s Web
NCEA assesses newly available
site: http://www2.epa.gov/caaac/mobile- Webinar Workshop To Review Initial
scientific information and develops ISA
sources-technical-review-subcommittee- Draft Materials for the Particulate
documents that provide the scientific
mstrs-caaac. MSTRS listserv subscribers Matter (PM) Integrated Science
basis for the reviews of the NAAQS.
will receive notification when the Assessment (ISA) for Health and NCEA is holding this webinar
agenda is available on the Welfare Effects workshop to inform EPA’s evaluation of
Subcommittee Web site. To subscribe to
AGENCY: Environmental Protection the scientific evidence for the review of
the MSTRS listserv, send an email to
Agency (EPA). the primary and secondary NAAQS for
mccubbin.courtney@epa.gov.
ACTION: Notice of workshop. PM. Section 109(b)(1) of the CAA
DATES: Thursday, June 16, 2016 from defines primary NAAQS as standards
9:00 a.m. to 5:00 p.m. Registration SUMMARY: As part of the review of the ‘‘the attainment and maintenance of
begins at 8:30 a.m. air quality criteria for the particulate which in the judgment of the
ADDRESSES: The meeting is currently matter (PM) primary (health-based) and Administrator, based on such criteria
scheduled to be held at the EPA’s secondary (welfare-based) National and allowing an adequate margin of
National Vehicle and Fuel Emissions Ambient Air Quality Standards safety, are requisite to protect the public
Laboratory, 2000 Traverwood Drive, (NAAQS), EPA is announcing a webinar health.’’ A secondary standard, as
Ann Arbor, MI 48105. However, this workshop to evaluate initial draft defined in section 109(b)(2) of the CAA,
date and location are subject to change materials for the PM Integrated Science must ‘‘specify a level of air quality the
and interested parties should monitor Assessment (ISA) for health and welfare attainment and maintenance of which,
the Subcommittee Web site (above) for effects, which is being organized by in the judgment of the Administrator,
the latest logistical information. EPA’s National Center for based on such criteria, is requisite to
FOR FURTHER INFORMATION CONTACT: Environmental Assessment (NCEA) protect the public welfare from any
Courtney McCubbin, Designated Federal within the Office of Research and known or anticipated adverse effects
Officer, Transportation and Climate Development. The workshop will be associated with the presence of [the]
Division, Mailcode 6406A, U.S. EPA, held over four days: June 9th, 13th, pollutant in the ambient air.’’ The
1200 Pennsylvania Ave. NW., 20th, and 22nd, 2016. The workshop purpose of the webinar workshop is to
Washington, DC 20460; Ph: 202–564– will be open to webinar attendance by discuss the scientific content of the
2436; email: mccubbin.courtney@ interested public observers on a first- initial draft written materials prepared
mstockstill on DSK3G9T082PROD with NOTICES
epa.gov. Background on the work of the come, first-served basis. for the PM ISA for health and welfare
Subcommittee is available at: https:// DATES: The workshop will be held on effects, to help ensure that the ISA is
www.epa.gov/caaac/mobile-sources- Thursday, June 9, 2016, beginning at up-to-date and focuses on the key
technical-review-subcommittee-mstrs- 11:30 a.m. and ending at 3:30 p.m.; evidence to inform the scientific
caaac. Individuals or organizations Monday, June 13, 2016, beginning at understanding for the review of the
wishing to provide comments to the 11:30 a.m. and ending at 1:30 p.m.; primary and secondary NAAQS for PM.
Subcommittee should submit them to Monday, June 20, 2016, beginning at Workshop sessions will include a
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Document Created: 2016-05-11 01:11:17
Document Modified: 2016-05-11 01:11:17
| 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 June 10, 2016. | |
| Contact | Dan Conrad, 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 29260 |
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