81 FR 42351 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 125 (June 29, 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 the Sierra Club (``Plaintiff'') in the United States District Court for the Northern District of California: Sierra Club v. Gina McCarthy, No. 3:15-cv- 04328-JD (N.D. Cal.). On September 22, 2015, Plaintiffs filed this matter against Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''). On February 9, 2016, Plaintiff filed a first amended complaint alleging that, with respect to the 2008 ozone national ambient air quality standards (``NAAQS''), EPA has failed to perform non-discretionary duties (1) to take final action on portions of state implementation plan (``SIP'') submissions from Louisiana, Montana, New Jersey, New York, South Dakota, Wisconsin, and Wyoming intended to address various interstate transport requirements, and (2) to promulgate a federal implementation plan (``FIP'') for certain SIP elements for California and Kentucky. The proposed consent decree would establish a deadline for EPA to take certain specified actions.

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42351-42352]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15412]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2016-0364; FRL 9948-50-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 the Sierra Club 
(``Plaintiff'') in the United States District Court for the Northern 
District of California: Sierra Club v. Gina McCarthy, No. 3:15-cv-
04328-JD (N.D. Cal.). On September 22, 2015, Plaintiffs filed this 
matter against Gina McCarthy, in her official capacity as Administrator 
of the United States Environmental Protection Agency (``EPA''). On 
February 9, 2016, Plaintiff filed a first amended complaint alleging 
that, with respect to the 2008 ozone national ambient air quality 
standards (``NAAQS''), EPA has failed to perform non-discretionary 
duties (1) to take final action on portions of state implementation 
plan (``SIP'') submissions from Louisiana, Montana, New Jersey, New 
York, South Dakota, Wisconsin, and Wyoming intended to address various 
interstate transport requirements, and (2) to promulgate a federal 
implementation plan (``FIP'') for certain SIP elements for California 
and Kentucky. 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 July 29, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0364, 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)-(4). Plaintiffs allege that the Administrator has 
failed to perform a non-discretionary duty to take final action on the 
portion of Louisiana's SIP submission intended to address the 
requirements of 42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone NAAQS. 
Under the terms of the proposed consent decree, EPA would agree to take 
certain specified actions by August 1, 2016, by October 3, 2016, and by 
December 15, 2017 to resolve those claims. See the proposed consent 
decree for more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to take final action on the portion of New 
Jersey's SIP submission intended to address requirements of 42 U.S.C. 
7410(a)(2)(D)(i)(II) for the 2008 ozone NAAQS. Under the terms of the 
proposed consent decree, EPA would agree to take certain specified 
actions by September 30, 2016 to resolve those claims. See the proposed 
consent decree for more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to take final action on the portion of New 
York's SIP submission intended to address requirements of 42 U.S.C. 
7410(a)(2)(D)(i) for the 2008 ozone NAAQS. Under the terms of the 
proposed consent decree, EPA would agree to take certain specified 
actions by August 15, 2016 and by November 1, 2016 to resolve those 
claims. See the proposed consent decree for more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to take final action on the portion of 
Wisconsin's SIP submission intended to address certain requirements of 
42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone NAAQS. Under the terms of 
the proposed consent decree, EPA would agree to take certain specified 
actions by August 1, 2016 and by December 16, 2016 to resolve those 
claims. See the proposed consent decree for more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to take final action on the portion of 
Wisconsin's SIP submission intended to address certain requirements of 
42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone

[[Page 42352]]

NAAQS. Under the terms of the proposed consent decree, EPA would agree 
to take certain specified actions by September 30, 2016 and by November 
18, 2016 to resolve those claims. See the proposed consent decree for 
more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to promulgate a FIP for California to address 
certain requirements of 42 U.S.C. 7410(a)(2)(A)-(C), (D)(i)(II)-(H), 
and (J)-(M) for the 2008 ozone NAAQS. Under the terms of the proposed 
consent decree, EPA would agree to take certain specified actions by 
September 23, 2016, by December 16, 2016, by March 15, 2017, and by 
December 15, 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 these deadlines, and provides a framework for extending these 
deadlines. In addition, the proposed consent decree outlines a process 
for Plaintiff to seek payment for the costs of litigation, including 
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 proposed consent decree?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2016-0364) 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 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: June 20, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-15412 Filed 6-28-16; 8:45 am]
 BILLING CODE 6560-50-P