81 FR 42351 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 125 (June 29, 2016)
Federal Register Volume 81, Issue 125 (June 29, 2016)
| Page Range | 42351-42352 | |
| FR Document | 2016-15412 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices 42351
Federal Regulations (CFR) part 93, SUMMARY: In accordance with section I. Additional Information About the
requires that transportation plans, 113(g) of the Clean Air Act, as amended Proposed Consent Decree
programs and projects conform to state (‘‘CAA’’ or the ‘‘Act’’), notice is hereby This proposed consent decree would
air quality implementation plans and given of a proposed consent decree to resolve a lawsuit filed by Plaintiffs
establishes the criteria and procedures address a lawsuit filed by the Sierra seeking to compel the Administrator to
for determining whether or not they do Club (‘‘Plaintiff’’) in the United States take action under CAA section
so. Conformity to a SIP means that District Court for the Northern District 110(k)(2)–(4). Plaintiffs allege that the
transportation activities will not of California: Sierra Club v. Gina Administrator has failed to perform a
produce new air quality violations, McCarthy, No. 3:15–cv–04328–JD (N.D. non-discretionary duty to take final
worsen existing violations, or delay Cal.). On September 22, 2015, Plaintiffs action on the portion of Louisiana’s SIP
timely attainment of the national filed this matter against Gina McCarthy, submission intended to address the
ambient air quality standards. in her official capacity as Administrator requirements of 42 U.S.C.
The criteria by which EPA determines 7410(a)(2)(D)(i) for the 2008 ozone
of the United States Environmental
whether a SIP’s MVEB is adequate for NAAQS. Under the terms of the
transportation conformity purposes are Protection Agency (‘‘EPA’’). On
February 9, 2016, Plaintiff filed a first proposed consent decree, EPA would
outlined in 40 CFR 93.118(e)(4). We agree to take certain specified actions by
have also described the process for amended complaint alleging that, with
respect to the 2008 ozone national August 1, 2016, by October 3, 2016, and
determining the adequacy of submitted by December 15, 2017 to resolve those
SIP budgets in our July 1, 2004, final ambient air quality standards
(‘‘NAAQS’’), EPA has failed to perform claims. See the proposed consent decree
rulemaking entitled, ‘‘Transportation for more details.
Conformity Rule Amendments for the non-discretionary duties (1) to take final
Plaintiffs also allege that the
New 8-hour Ozone and PM2.5 National action on portions of state
Administrator has failed to perform a
Ambient Air Quality Standards and implementation plan (‘‘SIP’’)
non-discretionary duty to take final
Miscellaneous Revisions for Existing submissions from Louisiana, Montana, action on the portion of New Jersey’s
Areas; Transportation Conformity Rule New Jersey, New York, South Dakota, SIP submission intended to address
Amendments: Response to Court Wisconsin, and Wyoming intended to requirements of 42 U.S.C.
Decision and Additional Rule Changes’’ address various interstate transport 7410(a)(2)(D)(i)(II) for the 2008 ozone
(69 FR 40004). Please note that an requirements, and (2) to promulgate a NAAQS. Under the terms of the
adequacy review is separate from EPA’s federal implementation plan (‘‘FIP’’) for proposed consent decree, EPA would
completeness review, and it should not certain SIP elements for California and agree to take certain specified actions by
be used to prejudge EPA’s ultimate Kentucky. The proposed consent decree September 30, 2016 to resolve those
approval of the Baton Rouge would establish a deadline for EPA to claims. See the proposed consent decree
Maintenance Plan SIP revision take certain specified actions. for more details.
submittal. Even if EPA finds the budgets Plaintiffs also allege that the
adequate, the Baton Rouge Maintenance DATES: Written comments on the
Administrator has failed to perform a
Plan SIP revision submittal could later proposed consent decree must be
non-discretionary duty to take final
be disapproved. received by July 29, 2016. action on the portion of New York’s SIP
These new MVEBs are effective July ADDRESSES: Submit your comments, submission intended to address
14, 2016. Within 24 months from the requirements of 42 U.S.C.
identified by Docket ID number EPA–
effective date of this notice, the Baton 7410(a)(2)(D)(i) for the 2008 ozone
HQ–OGC–2016–0364, online at
Rouge area transportation partners, such NAAQS. Under the terms of the
www.regulations.gov (EPA’s preferred
as the Capital Region Planning proposed consent decree, EPA would
Commission, will need to demonstrate method); by email to oei.docket@
epa.gov; by mail to EPA Docket Center, agree to take certain specified actions by
conformity to the new MVEBs if the August 15, 2016 and by November 1,
demonstration has not already been Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania 2016 to resolve those claims. See the
made, pursuant to 40 CFR 93.104(e). See proposed consent decree for more
73 FR 4419 (January 24, 2008). Ave. NW., Washington, DC 20460–0001;
or by hand delivery or courier to EPA details.
Authority: 42 U.S.C. 7401 et seq.
Docket Center, EPA West, Room 3334, Plaintiffs also allege that the
Dated: June 17, 2016. Administrator has failed to perform a
1301 Constitution Ave. NW.,
Ron Curry,
non-discretionary duty to take final
Washington, DC, between 8:30 a.m. and
action on the portion of Wisconsin’s SIP
Regional Administrator, Region 6. 4:30 p.m. Monday through Friday,
submission intended to address certain
[FR Doc. 2016–15408 Filed 6–28–16; 8:45 am] excluding legal holidays. Comments on requirements of 42 U.S.C.
BILLING CODE 6560–50–P a disk or CD–ROM should be formatted 7410(a)(2)(D)(i) for the 2008 ozone
in Word or ASCII file, avoiding the use NAAQS. Under the terms of the
of special characters and any form of proposed consent decree, EPA would
ENVIRONMENTAL PROTECTION encryption, and may be mailed to the agree to take certain specified actions by
AGENCY mailing address above. August 1, 2016 and by December 16,
[EPA–HQ–OGC–2016–0364; FRL 9948–50– FOR FURTHER INFORMATION CONTACT: 2016 to resolve those claims. See the
OGC] Zachary Pilchen, Air and Radiation Law proposed consent decree for more
details.
mstockstill on DSK3G9T082PROD with NOTICES
Proposed Consent Decree, Clean Air Office (2344A), Office of General
Counsel, U.S. Environmental Protection Plaintiffs also allege that the
Act Citizen Suit Administrator has failed to perform a
Agency, 1200 Pennsylvania Ave. NW.,
AGENCY: Environmental Protection Washington, DC 20460; telephone: (202) non-discretionary duty to take final
Agency (EPA). action on the portion of Wisconsin’s SIP
564–2812; fax number (202) 564–5603;
submission intended to address certain
ACTION: Notice of proposed consent email address: pilchen.zach@epa.gov.
requirements of 42 U.S.C.
decree; request for public comment.
SUPPLEMENTARY INFORMATION: 7410(a)(2)(D)(i) for the 2008 ozone
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![42352 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices
NAAQS. Under the terms of the holidays. The telephone number for the public docket. If EPA cannot read your
proposed consent decree, EPA would Public Reading Room is (202) 566–1744, comment due to technical difficulties
agree to take certain specified actions by and the telephone number for the OEI and cannot contact you for clarification,
September 30, 2016 and by November Docket is (202) 566–1752. EPA may not be able to consider your
18, 2016 to resolve those claims. See the An electronic version of the public comment.
proposed consent decree for more docket is available through Use of the www.regulations.gov Web
details. www.regulations.gov. You may use the site to submit comments to EPA
Plaintiffs also allege that the www.regulations.gov to submit or view electronically is EPA’s preferred method
Administrator has failed to perform a public comments, access the index for receiving comments. The electronic
non-discretionary duty to promulgate a listing of the contents of the official public docket system is an ‘‘anonymous
FIP for California to address certain public docket, and access those access’’ system, which means EPA will
requirements of 42 U.S.C. 7410(a)(2)(A)– documents in the public docket that are not know your identity, email address,
(C), (D)(i)(II)–(H), and (J)–(M) for the available electronically. Once in the or other contact information unless you
2008 ozone NAAQS. Under the terms of system, key in the appropriate docket provide it in the body of your comment.
the proposed consent decree, EPA identification number then select In contrast to EPA’s electronic public
would agree to take certain specified ‘‘search.’’ docket, EPA’s electronic mail (email)
actions by September 23, 2016, by It is important to note that EPA’s system is not an ‘‘anonymous access’’
December 16, 2016, by March 15, 2017, policy is that public comments, whether system. If you send an email comment
and by December 15, 2017 to resolve submitted electronically or in paper, directly to the Docket without going
those claims. See the proposed consent will be made available for public through www.regulations.gov, your
decree for more details. viewing online at www.regulations.gov email address is automatically captured
The proposed consent decree also without change, unless the comment and included as part of the comment
provides for the possibility that contains copyrighted material, CBI, or that is placed in the official public
circumstances beyond EPA’s reasonable other information whose disclosure is docket, and made available in EPA’s
control could delay compliance with restricted by statute. Information electronic public docket.
these deadlines, and provides a claimed as CBI and other information
whose disclosure is restricted by statute Dated: June 20, 2016.
framework for extending these Lorie J. Schmidt,
deadlines. In addition, the proposed is not included in the official public
docket or in the electronic public Associate General Counsel.
consent decree outlines a process for
Plaintiff to seek payment for the costs of docket. EPA’s policy is that copyrighted [FR Doc. 2016–15412 Filed 6–28–16; 8:45 am]
litigation, including attorney fees. material, including copyrighted material BILLING CODE 6560–50–P
For a period of thirty (30) days contained in a public comment, will not
following the date of publication of this be placed in EPA’s electronic public
notice, the Agency will accept written docket but will be available only in FEDERAL COMMUNICATIONS
comments relating to the proposed printed, paper form in the official public COMMISSION
consent decree from persons who are docket. Although not all docket
materials may be available [OMB 3060–0975]
not named as parties or intervenors to
the litigation in question. EPA or the electronically, you may still access any Information Collection Being
Department of Justice may withdraw or of the publicly available docket Submitted for Review and Approval to
withhold consent to the proposed materials through the EPA Docket the Office of Management and Budget
consent decree if the comments disclose Center.
facts or considerations that indicate that AGENCY: Federal Communications
B. How and to whom do I submit
such consent is inappropriate, Commission.
comments?
improper, inadequate, or inconsistent ACTION: Notice and request for
You may submit comments as comments.
with the requirements of the Act. Unless provided in the ADDRESSES section.
EPA or the Department of Justice Please ensure that your comments are SUMMARY: As part of its continuing effort
determines that consent to this consent submitted within the specified comment to reduce paperwork burdens, and as
decree should be withdrawn, the terms period. Comments received after the required by the Paperwork Reduction
of the consent decree will be affirmed. close of the comment period will be Act (PRA) of 1995 (44 U.S.C. 3501–
II. Additional Information About marked ‘‘late.’’ EPA is not required to 3520), the Federal Communication
Commenting on the Proposed Consent consider these late comments. Commission (FCC or Commission)
Decree If you submit an electronic comment, invites the general public and other
EPA recommends that you include your Federal agencies to take this
A. How can I get a copy of the proposed name, mailing address, and an email opportunity to comment on the
consent decree? address or other contact information in following information collections.
The official public docket for this the body of your comment and with any Comments are requested concerning:
action (identified by Docket ID No. disk or CD ROM you submit. This Whether the proposed collection of
EPA–HQ–OGC–2016–0364) contains a ensures that you can be identified as the information is necessary for the proper
copy of the proposed consent decree. submitter of the comment and allows performance of the functions of the
The official public docket is available EPA to contact you in case EPA cannot Commission, including whether the
for public viewing at the Office of read your comment due to technical information shall have practical utility;
mstockstill on DSK3G9T082PROD with NOTICES
Environmental Information (OEI) Docket difficulties or needs further information the accuracy of the Commission’s
in the EPA Docket Center, EPA West, on the substance of your comment. Any burden estimate; ways to enhance the
Room 3334, 1301 Constitution Ave. identifying or contact information quality, utility, and clarity of the
NW., Washington, DC. The EPA Docket provided in the body of a comment will information collected; ways to minimize
Center Public Reading Room is open be included as part of the comment that the burden of the collection of
from 8:30 a.m. to 4:30 p.m., Monday is placed in the official public docket, information on the respondents,
through Friday, excluding legal and made available in EPA’s electronic including the use of automated
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Document Created: 2018-02-08 07:42:53
Document Modified: 2018-02-08 07:42:53
| 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 July 29, 2016. | |
| 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; | |
| FR Citation | 81 FR 42351 |
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