81 FR 54800 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 159 (August 17, 2016)
Federal Register Volume 81, Issue 159 (August 17, 2016)
| Page Range | 54800-54801 | |
| FR Document | 2016-19638 |
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)] [Notices] [Pages 54800-54801] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19638] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9950-99-OGC; EPA-HQ-OGC-2016-0364] Proposed Consent Decree, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency (EPA). ACTION: Supplemental notice of proposed consent decree; request for public comment. ----------------------------------------------------------------------- SUMMARY: Supplemental notice is hereby given for the Wyoming portions 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 to take final action on portions of the state implementation plan (``SIP'') submission from Wyoming intended to address various interstate transport requirements. The proposed consent decree would establish a deadline for EPA to take certain specified actions. DATES: Written comments on the Wyoming portions of the proposed consent decree must be received by September 1, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0364, online at www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the ``For Further Information Contact'' section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Zachary Pilchen, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone: (202) 564-2812; fax number (202) 564-5603; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree and This Supplemental Notice With Regard to Wyoming This proposed consent decree would resolve a lawsuit filed by Plaintiffs seeking to compel the Administrator to take action under Clean Air Act (``CAA'') section 110(k)(2)-(4). As relevant to this supplemental notice, Plaintiffs allege that the Administrator [[Page 54801]] has failed to perform a non-discretionary duty to take final action on portions of Wyoming's SIP submission intended to address the requirements of 42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone NAAQS. EPA previously published notice of this proposed consent decree on June 29, 2016.\1\ The ``Summary'' section of that notice listed a number of states with SIP submissions relevant to the proposed consent decree and notice, including Wyoming. The proposed consent decree itself--to which the notice directed readers for more details--included the specific claims and dates relevant to Wyoming. The Wyoming Department of Environmental Quality (``WDEQ'') submitted comments on the proposed consent decree, including with respect to those proposed consent decree dates, which WDEQ accurately characterized as ``Proposed Consent Decree Deadlines Applicable to Wyoming's Submittal.'' \2\ --------------------------------------------------------------------------- \1\ 81 FR 42351 (June 29, 2016). \2\ See Comment of WDEQ at 1, Docket No. EPA-HQ-OGC-2016-0364- 0004. --------------------------------------------------------------------------- A separate part of that June 29, 2016 notice, however, included a scrivener's error. In the ``Supplementary Information'' section, the notice briefly summarized (in alphabetical order by state) the allegations regarding SIP submissions. As WDEQ noted in its comment letter, despite Wyoming's inclusion in the ``Summary'' section of the notice, the ``Supplementary Information'' section did not list Wyoming, and instead listed Wisconsin as both of the two final states.\3\ The second reference to Wisconsin was a scrivener's error that should have referred to Wyoming, as WDEQ correctly concluded in its comments on the proposed consent decree deadlines for Wyoming. --------------------------------------------------------------------------- \3\ See 81 FR at 42351, col. 3. --------------------------------------------------------------------------- WDEQ commented, however, that as a result of this error the notice was ``unclear'' about ``what allegation details'' apply to Wyoming.\4\ CAA section 113(g) requires notice of a proposed consent decree; supplementary information about the allegations is not required. However, as a courtesy and out of an abundance of caution, for a period of fifteen (15) days following the date of publication of this supplemental notice, the Agency will accept written comments relating solely to the Wyoming portions of 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 Wyoming portions of 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. --------------------------------------------------------------------------- \4\ Comment of WDEQ at 1. --------------------------------------------------------------------------- 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. 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: August 10, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016-19638 Filed 8-16-16; 8:45 am] BILLING CODE 6560-50-P
![54800 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices
Commission staff will either: Complete Secretary of the Commission. ambient air quality standards
its environmental assessment (EA) and Environmental commentors will be (‘‘NAAQS’’), EPA has failed to perform
place it into the Commission’s public placed on the Commission’s non-discretionary duties to take final
record (eLibrary) for this proceeding; or environmental mailing list, will receive action on portions of the state
issue a Notice of Schedule for copies of the environmental documents, implementation plan (‘‘SIP’’)
Environmental Review. If a Notice of and will be notified of meetings submission from Wyoming intended to
Schedule for Environmental Review is associated with the Commission’s address various interstate transport
issued, it will indicate, among other environmental review process. requirements. The proposed consent
milestones, the anticipated date for the Environmental commentors will not be decree would establish a deadline for
Commission staff’s issuance of the EA required to serve copies of filed EPA to take certain specified actions.
for this proposal. The filing of the EA documents on all other parties. DATES: Written comments on the
in the Commission’s public record for However, the non-party commentors Wyoming portions of the proposed
this proceeding or the issuance of a will not receive copies of all documents consent decree must be received by
Notice of Schedule for Environmental filed by other parties or issued by the September 1, 2016.
Review will serve to notify federal and Commission (except for the mailing of ADDRESSES: Submit your comments,
state agencies of the timing for the environmental documents issued by the identified by Docket ID number EPA–
completion of all necessary reviews, and Commission) and will not have the right HQ–OGC–2016–0364, online at
the subsequent need to complete all to seek court review of the www.regulations.gov. For comments
federal authorizations within 90 days of Commission’s final order. submitted at Regulations.gov, follow the
the date of issuance of the Commission The Commission strongly encourages online instructions for submitting
staff’s EA. electronic filings of comments, protests comments. Once submitted, comments
There are two ways to become and interventions in lieu of paper using cannot be edited or removed from
involved in the Commission’s review of the ‘‘eFiling’’ link at http:// Regulations.gov. The EPA may publish
this project. First, any person wishing to www.ferc.gov. Persons unable to file any comment received to its public
obtain legal status by becoming a party electronically should submit original docket. Do not submit electronically any
to the proceedings for this project and five copies of the protest or information you consider to be
should, on or before the comment date intervention to the Federal Energy Confidential Business Information (CBI)
stated below, file with the Federal Regulatory Commission, 888 First Street or other information whose disclosure is
Energy Regulatory Commission, 888 NE., Washington, DC 20426. restricted by statute. Multimedia
First Street NE., Washington, DC 20426, Comment Date: 5 p.m. Eastern Time submissions (audio, video, etc.) must be
a motion to intervene in accordance on September 1, 2016. accompanied by a written comment.
with the requirements of the
Dated: August 11, 2016. The written comment is considered the
Commission’s Rules of Practice and
Procedure (18 CFR 385.214 or 385.211) Nathaniel J. Davis, Sr., official comment and should include
and the Regulations under the NGA (18 Deputy Secretary. discussion of all points you wish to
CFR 157.10). A person obtaining party [FR Doc. 2016–19569 Filed 8–16–16; 8:45 am] make. The EPA will generally not
status will be placed on the service list BILLING CODE 6717–01–P
consider comments or comment
maintained by the Secretary of the contents located outside of the primary
Commission and will receive copies of submission (i.e. on the web, cloud, or
all documents filed by the applicant and other file sharing system). For
ENVIRONMENTAL PROTECTION
by all other parties. A party must submit additional submission methods, please
AGENCY
five copies of filings made with the contact the person identified in the ‘‘For
Commission and must mail a copy to [FRL–9950–99–OGC; EPA–HQ–OGC–2016– Further Information Contact’’ section.
0364] For the full EPA public comment policy,
the applicant and to every other party in
the proceeding. Only parties to the information about CBI or multimedia
Proposed Consent Decree, Clean Air submissions, and general guidance on
proceeding can ask for court review of Act Citizen Suit
Commission orders in the proceeding. making effective comments, please visit
However, a person does not have to AGENCY: Environmental Protection http://www2.epa.gov/dockets/
intervene in order to have comments Agency (EPA). commenting-epa-dockets.
considered. The second way to ACTION: Supplemental notice of FOR FURTHER INFORMATION CONTACT:
participate is by filing with the proposed consent decree; request for Zachary Pilchen, Air and Radiation Law
Secretary of the Commission, as soon as public comment. Office, Office of General Counsel, U.S.
possible, an original and two copies of Environmental Protection Agency;
comments in support of or in opposition SUMMARY: Supplemental notice is telephone: (202) 564–2812; fax number
to this project. The Commission will hereby given for the Wyoming portions (202) 564–5603; email address:
consider these comments in of a proposed consent decree to address pilchen.zach@epa.gov.
determining the appropriate action to be a lawsuit filed by the Sierra Club SUPPLEMENTARY INFORMATION:
taken, but the filing of a comment alone (‘‘Plaintiff’’) in the United States District
will not serve to make the filer a party Court for the Northern District of I. Additional Information About the
to the proceeding. The Commission’s California: Sierra Club v. Gina Proposed Consent Decree and This
rules require that persons filing McCarthy, No. 3:15–cv–04328–JD (N.D. Supplemental Notice With Regard to
comments in opposition to the project Cal.). On September 22, 2015, Plaintiffs Wyoming
mstockstill on DSK3G9T082PROD with NOTICES
provide copies of their protests only to filed this matter against Gina McCarthy, This proposed consent decree would
the party or parties directly involved in in her official capacity as Administrator resolve a lawsuit filed by Plaintiffs
the protest. of the United States Environmental seeking to compel the Administrator to
Persons who wish to comment only Protection Agency (‘‘EPA’’). On take action under Clean Air Act
on the environmental review of this February 9, 2016, Plaintiff filed a first (‘‘CAA’’) section 110(k)(2)–(4). As
project should submit an original and amended complaint alleging that, with relevant to this supplemental notice,
two copies of their comments to the respect to the 2008 ozone national Plaintiffs allege that the Administrator
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![Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices 54801
has failed to perform a non- withdraw or withhold consent to the of the publicly available docket
discretionary duty to take final action Wyoming portions of the proposed materials through the EPA Docket
on portions of Wyoming’s SIP consent decree if the comments disclose Center.
submission intended to address the facts or considerations that indicate that
requirements of 42 U.S.C. such consent is inappropriate, B. How and to whom do I submit
7410(a)(2)(D)(i) for the 2008 ozone improper, inadequate, or inconsistent comments?
NAAQS. with the requirements of the Act. Unless You may submit comments as
EPA previously published notice of EPA or the Department of Justice
provided in the ADDRESSES section.
this proposed consent decree on June determines that consent to this consent
29, 2016.1 The ‘‘Summary’’ section of Please ensure that your comments are
decree should be withdrawn, the terms
that notice listed a number of states submitted within the specified comment
of the consent decree will be affirmed.
with SIP submissions relevant to the period. Comments received after the
proposed consent decree and notice, II. Additional Information About close of the comment period will be
including Wyoming. The proposed Commenting on the Proposed Consent marked ‘‘late.’’ EPA is not required to
consent decree itself—to which the Decree consider these late comments.
notice directed readers for more A. How can I get a copy of the proposed If you submit an electronic comment,
details—included the specific claims consent decree? EPA recommends that you include your
and dates relevant to Wyoming. The The official public docket for this name, mailing address, and an email
Wyoming Department of Environmental action (identified by Docket ID No. address or other contact information in
Quality (‘‘WDEQ’’) submitted comments EPA–HQ–OGC–2016–0364) contains a the body of your comment. This ensures
on the proposed consent decree, copy of the proposed consent decree. that you can be identified as the
including with respect to those The official public docket is available submitter of the comment and allows
proposed consent decree dates, which for public viewing at the Office of EPA to contact you in case EPA cannot
WDEQ accurately characterized as Environmental Information (OEI) Docket read your comment due to technical
‘‘Proposed Consent Decree Deadlines in the EPA Docket Center, EPA West, difficulties or needs further information
Applicable to Wyoming’s Submittal.’’ 2 Room 3334, 1301 Constitution Ave.
A separate part of that June 29, 2016 on the substance of your comment. Any
NW., Washington, DC. The EPA Docket identifying or contact information
notice, however, included a scrivener’s
Center Public Reading Room is open provided in the body of a comment will
error. In the ‘‘Supplementary
from 8:30 a.m. to 4:30 p.m., Monday be included as part of the comment that
Information’’ section, the notice briefly
through Friday, excluding legal is placed in the official public docket,
summarized (in alphabetical order by
holidays. The telephone number for the and made available in EPA’s electronic
state) the allegations regarding SIP
Public Reading Room is (202) 566–1744, public docket. If EPA cannot read your
submissions. As WDEQ noted in its
and the telephone number for the OEI comment due to technical difficulties
comment letter, despite Wyoming’s
Docket is (202) 566–1752. and cannot contact you for clarification,
inclusion in the ‘‘Summary’’ section of An electronic version of the public
the notice, the ‘‘Supplementary EPA may not be able to consider your
docket is available through
Information’’ section did not list www.regulations.gov. You may use the comment.
Wyoming, and instead listed Wisconsin www.regulations.gov to submit or view Use of the www.regulations.gov Web
as both of the two final states.3 The public comments, access the index site to submit comments to EPA
second reference to Wisconsin was a listing of the contents of the official electronically is EPA’s preferred method
scrivener’s error that should have public docket, and access those for receiving comments. The electronic
referred to Wyoming, as WDEQ documents in the public docket that are public docket system is an ‘‘anonymous
correctly concluded in its comments on available electronically. Once in the access’’ system, which means EPA will
the proposed consent decree deadlines system, key in the appropriate docket
for Wyoming. not know your identity, email address,
identification number then select or other contact information unless you
WDEQ commented, however, that as
‘‘search.’’ provide it in the body of your comment.
a result of this error the notice was It is important to note that EPA’s
‘‘unclear’’ about ‘‘what allegation In contrast to EPA’s electronic public
policy is that public comments, whether docket, EPA’s electronic mail (email)
details’’ apply to Wyoming.4 CAA submitted electronically or in paper,
section 113(g) requires notice of a system is not an ‘‘anonymous access’’
will be made available for public system. If you send an email comment
proposed consent decree; viewing online at www.regulations.gov
supplementary information about the directly to the Docket without going
without change, unless the comment
allegations is not required. However, as through www.regulations.gov, your
contains copyrighted material, CBI, or
a courtesy and out of an abundance of email address is automatically captured
other information whose disclosure is
caution, for a period of fifteen (15) days restricted by statute. Information and included as part of the comment
following the date of publication of this claimed as CBI and other information that is placed in the official public
supplemental notice, the Agency will whose disclosure is restricted by statute docket, and made available in EPA’s
accept written comments relating solely is not included in the official public electronic public docket.
to the Wyoming portions of the docket or in the electronic public Dated: August 10, 2016.
proposed consent decree from persons docket. EPA’s policy is that copyrighted
who are not named as parties or Lorie J. Schmidt,
material, including copyrighted material
mstockstill on DSK3G9T082PROD with NOTICES
intervenors to the litigation in question. Associate General Counsel.
contained in a public comment, will not
EPA or the Department of Justice may be placed in EPA’s electronic public
[FR Doc. 2016–19638 Filed 8–16–16; 8:45 am]
docket but will be available only in BILLING CODE 6560–50–P
1 81FR 42351 (June 29, 2016).
2 SeeComment of WDEQ at 1, Docket No. EPA–
printed, paper form in the official public
HQ–OGC–2016–0364–0004. docket. Although not all docket
3 See 81 FR at 42351, col. 3. materials may be available
4 Comment of WDEQ at 1. electronically, you may still access any
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Document Created: 2018-02-09 11:35:05
Document Modified: 2018-02-09 11:35:05
| 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 | Supplemental notice of proposed consent decree; request for public comment. | |
| Dates | Written comments on the Wyoming portions of the proposed consent decree must be received by September 1, 2016. | |
| Contact | Zachary Pilchen, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone: (202) 564-2812; fax number (202) 564-5603; email | |
| FR Citation | 81 FR 54800 |
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