81 FR 29260 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 91 (May 11, 2016)

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 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.

[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]


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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.

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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]
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