81 FR 44018 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 129 (July 6, 2016)
Federal Register Volume 81, Issue 129 (July 6, 2016)
| Page Range | 44018-44019 | |
| FR Document | 2016-16022 |
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)] [Notices] [Pages 44018-44019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16022] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0358; FRL-9948-72-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 Appleton Coated, LLC (Appleton or Plaintiff), in the United States District Court for the Eastern District of Wisconsin: Appleton Coated, LLC v. McCarthy, Civil Action No. 1:16-cv-272 (E.D. Wis.). On March 7, 2016, 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 November 19, 2013, requesting that EPA object to a CAA Title V permit issued by the Wisconsin Department of Natural Resources to Appleton 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 August 5, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0358, 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: 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; 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 its 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 Petitioners' 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-2016-0358) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of [[Page 44019]] 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 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, 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 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 27, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016-16022 Filed 7-5-16; 8:45 am] BILLING CODE 6560-50-P
![44018 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices
Dated: June 23, 2016. June 6, 2016. If you have questions, excluding legal holidays. Comments on
Edward J. Messina, consult the person listed under FOR a disk or CD–ROM should be formatted
Director, Monitoring, Assistance, and Media FURTHER INFORMATION CONTACT. in Word or ASCII file, avoiding the use
Programs Division/OECA. Authority: 7 U.S.C. 136 et seq. of special characters and any form of
[FR Doc. 2016–16023 Filed 7–5–16; 8:45 am] encryption, and may be mailed to the
Dated: June 27, 2016.
BILLING CODE 6560–50–P mailing address above.
Yu-Ting Guilaran,
FOR FURTHER INFORMATION CONTACT: Dan
Director, Pesticide Re-Evaluation, Office of
Conrad, Air and Radiation Law Office
Pesticide Programs.
ENVIRONMENTAL PROTECTION (2344A), Office of General Counsel, U.S.
AGENCY [FR Doc. 2016–16021 Filed 7–5–16; 8:45 am]
Environmental Protection Agency, 1200
BILLING CODE 6560–50–P
[EPA–HQ–OPP–2015–0794; FRL–9948–38] Pennsylvania Ave. NW., Washington,
DC 20460; telephone: (202) 564–0903;
Atrazine, Simazine, and Propazine email address: conrad.daniel@epa.gov.
ENVIRONMENTAL PROTECTION
Registration Review; Draft Ecological AGENCY SUPPLEMENTARY INFORMATION:
Risk Assessments; Extension of
[EPA–HQ–OGC–2016–0358; FRL–9948–72– I. Additional Information About the
Comment Period
OGC] Proposed Consent Decree
AGENCY: Environmental Protection The proposed consent decree would
Agency (EPA). Proposed Consent Decree, Clean Air resolve a lawsuit filed by the Plaintiff
ACTION: Notice; extension of comment Act Citizen Suit seeking to compel the Administrator to
period. AGENCY: Environmental Protection take actions under CAA section
Agency (EPA). 505(b)(2). Under the terms of the
SUMMARY: EPA issued a notice in the
ACTION: Notice of proposed consent proposed consent decree, EPA would
Federal Register of June 6, 2016,
decree; request for public comment. agree to sign its response granting or
concerning opening a comment period
denying the petition filed by Plaintiff
for the draft ecological risk assessments SUMMARY: In accordance with section regarding its facility located in
of atrazine, simazine, and propazine. 113(g) of the Clean Air Act, as amended Combined Locks, Wisconsin pursuant to
This document extends the comment (‘‘CAA’’ or the ‘‘Act’’), notice is hereby section 505(b)(2) of the CAA, on or
period for 60 days, from August 5, 2016, given of a proposed consent decree to before October 14, 2016.
to October 4, 2016. This comment address a lawsuit filed by Appleton Under the terms of the proposed
period is being extended in response to Coated, LLC (Appleton or Plaintiff), in consent decree, EPA would
a number of extension requests from the United States District Court for the expeditiously deliver notice of EPA’s
various stakeholders citing difficulty Eastern District of Wisconsin: Appleton response to the Office of the Federal
commenting during the growing season, Coated, LLC v. McCarthy, Civil Action Register for review and publication
and the length, quantity, and No. 1:16–cv–272 (E.D. Wis.). On March following signature of such response. In
complexity of the Risk Assessments. 7, 2016, Plaintiff filed a complaint addition, the proposed consent decree
DATES: Comments, identified by docket alleging that Gina McCarthy, in her outlines the settlement in regard to
identification (ID) number EPA–HQ– official capacity as Administrator of the Petitioners’ attorney fees.
OPP–2015–0794, must be received on or United States Environmental Protection For a period of thirty (30) days
before October 4, 2016. Agency (‘‘EPA’’), failed to perform a following the date of publication of this
ADDRESSES: Follow the detailed nondiscretionary duty to grant or deny notice, the Agency will accept written
instructions provided under ADDRESSES within 60 days a petition submitted by comments relating to the proposed
in the Federal Register document of Plaintiff on November 19, 2013, consent decree from persons who are
June 6, 2016 (81 FR 108) (FRL–9945– requesting that EPA object to a CAA not named as parties or intervenors to
06). Title V permit issued by the Wisconsin the litigation in question. EPA or the
FOR FURTHER INFORMATION CONTACT: Department of Natural Resources to Department of Justice may withdraw or
Richard Dumas, Pesticide Re-Evaluation Appleton authorizing the operation of withhold consent to the proposed
Division (7508P), Office of Pesticide its facility located in Combined Locks, consent decree if the comments disclose
Programs, Environmental Protection Wisconsin. The proposed consent facts or considerations that indicate that
Agency, 1200 Pennsylvania Ave. NW., decree would establish a deadline for such consent is inappropriate,
Washington, DC 20460–0001; telephone EPA to take such action. improper, inadequate, or inconsistent
number: (703) 308–8015; email address: DATES: Written comments on the with the requirements of the Act. Unless
dumas.richard@epa.gov. proposed consent decree must be EPA or the Department of Justice
SUPPLEMENTARY INFORMATION: This received by August 5, 2016. determines that consent to this consent
document extends the public comment ADDRESSES: Submit your comments, decree should be withdrawn, the terms
period established in the Federal identified by Docket ID number EPA– of the consent decree will be affirmed.
Register document of June 6, 2016. In HQ–OGC–2016–0358, online at II. Additional Information About
that document, EPA opened a comment www.regulations.gov (EPA’s preferred Commenting on the Proposed Consent
period for a draft ecological risk method); by email to oei.docket@ Decree
assessments for the registration review epa.gov; by mail to EPA Docket Center,
of atrazine, simazine, and propazine. Environmental Protection Agency, A. How can I get a copy of the consent
decree?
ehiers on DSK5VPTVN1PROD with NOTICES
EPA is hereby extending the comment Mailcode: 2822T, 1200 Pennsylvania
period, which was set to end on August Ave. NW., Washington, DC 20460–0001; The official public docket for this
5, 2016, to October 4, 2016. or by hand delivery or courier to EPA action (identified by Docket ID No.
To submit comments, or access the Docket Center, EPA West, Room 3334, EPA–HQ–OGC–2016–0358) contains a
docket, please follow the detailed 1301 Constitution Ave. NW., copy of the proposed consent decree.
instructions provided under ADDRESSES Washington, DC, between 8:30 a.m. and The official public docket is available
in the Federal Register document of 4:30 p.m. Monday through Friday, for public viewing at the Office of
VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1](https://thefederalregister.org/doc/81_FR_44147/page/1.svg)
![Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44019
Environmental Information (OEI) Docket read your comment due to technical ADDRESSES: The meeting will be held at
in the EPA Docket Center, EPA West, difficulties or needs further information the Blue Harbor Resort, Salons E and F,
Room 3334, 1301 Constitution Ave. on the substance of your comment. Any 725 Blue Harbor Dr., Sheboygan,
NW., Washington, DC. The EPA Docket identifying or contact information Wisconsin. For those unable to attend in
Center Public Reading Room is open provided in the body of a comment will person, this meeting will also be
from 8:30 a.m. to 4:30 p.m., Monday be included as part of the comment that available telephonically. The
through Friday, excluding legal is placed in the official public docket, teleconference number is 877–226–9607
holidays. The telephone number for the and made available in EPA’s electronic and the teleconference code is 421 858
Public Reading Room is (202) 566–1744, public docket. If EPA cannot read your 2837.
and the telephone number for the OEI comment due to technical difficulties FOR FURTHER INFORMATION CONTACT: Any
Docket is (202) 566–1752. and cannot contact you for clarification, member of the public wishing further
An electronic version of the public EPA may not be able to consider your information regarding this meeting may
docket is available through comment. contact Rita Cestaric, Designated
www.regulations.gov. You may use Use of the www.regulations.gov Web Federal Officer (DFO), by email at
www.regulations.gov to submit or view site to submit comments to EPA Cestaric.Rita@epa.gov. General
public comments, access the index electronically is EPA’s preferred method information about the Board and the SIS
listing of the contents of the official for receiving comments. The electronic can be found at http://glri.us/advisory/
public docket, and access those public docket system is an ‘‘anonymous index.html.
documents in the public docket that are access’’ system, which means EPA will SUPPLEMENTARY INFORMATION:
available electronically. Once in the not know your identity, email address,
system, key in the appropriate docket Background: The Board is a federal
or other contact information unless you advisory committee chartered under the
identification number then select provide it in the body of your comment.
‘‘search.’’ Federal Advisory Committee Act
In contrast to EPA’s electronic public (FACA), Public Law 92–463. EPA
It is important to note that EPA’s docket, EPA’s electronic mail (email)
policy is that public comments, whether established the Board in 2013 to provide
system is not an ‘‘anonymous access’’ independent advice to the EPA
submitted electronically or in paper, system. If you send an email comment
will be made available for public Administrator in her capacity as Chair
directly to the Docket without going of the federal Great Lakes Interagency
viewing online at www.regulations.gov through www.regulations.gov, your
without change, unless the comment Task Force (IATF). The SIS was
email address is automatically captured established as a subcommittee to the
contains copyrighted material, and included as part of the comment
confidential business information (CBI), Board to assist the Board by providing
that is placed in the official public technical advice. The Board and SIS
or other information whose disclosure is docket, and made available in EPA’s
restricted by statute. Information comply with the provisions of FACA.
electronic public docket. Availability of Meeting Materials: The
claimed as CBI and other information
whose disclosure is restricted by statute Dated: June 27, 2016. agenda and other materials in support of
is not included in the official public Lorie J. Schmidt, the meeting will be available at http://
docket or in the electronic public Associate General Counsel. glri.us/advisory/index.html.
docket. EPA’s policy is that copyrighted [FR Doc. 2016–16022 Filed 7–5–16; 8:45 am]
Procedures for Providing Public Input:
material, including copyrighted material Federal advisory committees provide
BILLING CODE 6560–50–P
contained in a public comment, will not independent advice to federal agencies.
be placed in EPA’s electronic public Members of the public can submit
docket but will be available only in ENVIRONMENTAL PROTECTION relevant comments for consideration by
printed, paper form in the official public AGENCY the Board and the SIS. Input from the
docket. Although not all docket public to the committees will have the
materials may be available [FRL–9948–74–Region 5] most impact if it provides specific
electronically, you may still access any information for consideration. Members
of the publicly available docket Public Meeting of the Great Lakes of the public wishing to provide
materials through the EPA Docket Advisory Board and Science and comments should contact the DFO
Center. Information Subcommittee directly.
Oral Statements: In general,
B. How and to whom do I submit AGENCY: Environmental Protection individuals or groups requesting an oral
comments? Agency (EPA). presentation at this public meeting will
You may submit comments as ACTION: Notice. be limited to three minutes per speaker,
provided in the ADDRESSES section. subject to the number of people wanting
SUMMARY: The Environmental Protection to comment. Interested parties should
Please ensure that your comments are
Agency (EPA) announces a public contact the DFO in writing (preferably
submitted within the specified comment
meeting of the Great Lakes Advisory via email) at the contact information
period. Comments received after the
Board (Board) and its Science and noted above by July 18, 2016 to be
close of the comment period will be
Information Subcommittee (SIS). The placed on the list of public speakers for
marked ‘‘late.’’ EPA is not required to
purpose of this meeting is to discuss the the meeting.
consider these late comments.
If you submit an electronic comment, Great Lakes Restoration Initiative (GLRI) Written Statements: Written
EPA recommends that you include your covering FY15–19 and other relevant statements must be received by July 14,
matters.
ehiers on DSK5VPTVN1PROD with NOTICES
name, mailing address, and an email 2016 so that the information may be
address or other contact information in DATES: The meeting will be held on made available to the committees for
the body of your comment and with any Thursday, July 21, 2016 from 8:30 a.m. consideration. Written statements
disk or CD ROM you submit. This to 12:30 p.m. Central Time, 9:30 a.m. to should be supplied to the DFO in the
ensures that you can be identified as the 1:30 p.m. Eastern Time. An opportunity following formats: One hard copy with
submitter of the comment and allows will be provided to the public to original signature and one electronic
EPA to contact you in case EPA cannot comment. copy via email. Commenters are
VerDate Sep<11>2014 15:04 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1](https://thefederalregister.org/doc/81_FR_44147/page/2.svg)
Document Created: 2016-07-06 07:55:57
Document Modified: 2016-07-06 07:55:57
| 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 August 5, 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 44018 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR