81 FR 54802 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 159 (August 17, 2016)

Page Range		54802-54803
FR Document		2016-19639

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Concerned Citizens of Seneca County, Inc. and Dixie D. Lemmon, (collectively ``Plaintiffs''): Concerned Citizens of Seneca County, Inc. v. McCarthy, No. 6:16-cv-06196 (W.D.N.Y.). On March 25, 2016, Plaintiffs filed the complaint in this case alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a non-discretionary duty to grant or deny within 60 days a petition submitted by Plaintiffs. In their petition, Plaintiffs requested that EPA object to a CAA Title V permit issued by the New York State Department of Environmental Conservation to the Seneca County Landfill Gas-to-Energy Facility, for purposes of operating a landfill gas-to- energy facility in Seneca Falls, New York. The proposed consent decree would establish a deadline for EPA to respond to this petition.

Federal Register, Volume 81 Issue 159 (Wednesday, August 17, 2016)

[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Pages 54802-54803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19639]



[[Page 54802]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9951-00-OGC; EPA-HQ-OGC-2016-0480]


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''), 42 U.S.C. 7413(g), notice is hereby 
given of a proposed consent decree to address a lawsuit filed by 
Concerned Citizens of Seneca County, Inc. and Dixie D. Lemmon, 
(collectively ``Plaintiffs''): Concerned Citizens of Seneca County, 
Inc. v. McCarthy, No. 6:16-cv-06196 (W.D.N.Y.). On March 25, 2016, 
Plaintiffs filed the complaint in this case alleging that Gina 
McCarthy, in her official capacity as Administrator of the United 
States Environmental Protection Agency (``EPA''), failed to perform a 
non-discretionary duty to grant or deny within 60 days a petition 
submitted by Plaintiffs. In their petition, Plaintiffs requested that 
EPA object to a CAA Title V permit issued by the New York State 
Department of Environmental Conservation to the Seneca County Landfill 
Gas-to-Energy Facility, for purposes of operating a landfill gas-to-
energy facility in Seneca Falls, New York. The proposed consent decree 
would establish a deadline for EPA to respond to this petition.

DATES: Written comments on the proposed consent decree must be received 
by September 16, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0480, 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 actions under 
CAA section 505(b)(2). Under the terms of the proposed consent decree, 
EPA would agree to sign a response to the petition by December 9, 2016. 
The proposed consent decree also provides for the possibility that 
certain circumstances could delay compliance with the December 9, 2016 
deadline, and provides a framework for extending that deadline. In 
addition, the proposed consent decree also establishes a framework for 
resolving any request for costs of litigation, including attorney fees, 
and provides that after such resolution the proposed consent decree 
will be terminated and the case dismissed.
    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 or withheld, 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-2016-0480) 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

[[Page 54803]]

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. 2016-19639 Filed 8-16-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Notices 54803

public docket. If EPA cannot read your OPP–2016–0310, must be received on or ‘‘Respondents.’’ Complainants allege
comment due to technical difficulties before September 29, 2016. that Respondents are a non-vessel-
and cannot contact you for clarification, ADDRESSES: Follow the detailed operating common carrier (‘‘NVOCC’’)
EPA may not be able to consider your instructions provided under ADDRESSES licensed by the Commission and its
comment. in the Federal Register document of director of operations, ‘‘engaged in the
Use of the www.regulations.gov Web June 30, 2016 (81 FR 42704) (FRL– business of exporting used cars,
site to submit comments to EPA 9947–25). motorcycles, and other cargo . . . from
electronically is EPA’s preferred method FOR FURTHER INFORMATION CONTACT: the United States to ports abroad.’’
for receiving comments. The electronic Robert McNally, Biopesticides and Complainants allege that they had a
public docket system is an ‘‘anonymous Pollution Prevention Division (7511P), business relationship with Respondents,
access’’ system, which means EPA will Office of Pesticide Programs, having hired Respondents to ship
not know your identity, email address, Environmental Protection Agency, 1200 Complainants’ vehicles.
or other contact information unless you Pennsylvania Ave. NW., Washington, Complainants allege that Respondents
provide it in the body of your comment. DC 20460–0001; main telephone violated provisions of the Shipping Act
In contrast to EPA’s electronic public number: (703) 305–7090; email address: of 1984, including 46 U.S.C. 41102,
docket, EPA’s electronic mail (email) BPPDFRNotices@epa.gov. 41101 and 46 CFR part 515, by:
system is not an ‘‘anonymous access’’
SUPPLEMENTARY INFORMATION: ‘‘i. Failing to establish, observe, and
system. If you send an email comment
This document extends the public enforce just and reasonable regulations and
directly to the Docket without going
comment period established in the practices relating to or connected with
through www.regulations.gov, your
Federal Register document of June 30, receiving, handling, storing, or delivering
email address is automatically captured
2016 (81 FR 42704) (FRL–9947–25). In property;
and included as part of the comment
that document, EPA makes available for ii. Unreasonably refusing to deal or
that is placed in the official public
public comment a White Paper negotiate;
docket, and made available in EPA’s
describing how the Agency is proposing iii. Retaliating against Complainants
electronic public docket.
to modify its current approach to plant- because the Complainants had patronized
Dated: August 10, 2016. incorporated protectants in breeding another carrier;
Lorie J. Schmidt, line intermediates under Section 3, iv. Knowingly misdelivering
Associate General Counsel. Registration of Pesticides, of the Federal Complainants’ cargo; and
[FR Doc. 2016–19639 Filed 8–16–16; 8:45 am] Insecticide, Fungicide and Rodenticide v. Converting Complainants’ cargo under
BILLING CODE 6560–50–P Act. EPA is hereby extending the the false premise of having exercised a
comment period, which was set to end maritime lien.’’
on August 15, 2016, to September 29,
ENVIRONMENTAL PROTECTION 2016. Complainants allege damages ‘‘in
AGENCY To submit comments, or access the excess of $180,000’’ and request the
docket, please follow the detailed following relief:
[EPA–HQ–OPP–2016–0310; FRL–9950–76] instructions provided under ADDRESSES ‘‘(1) Respondents be required to answer the
in the Federal Register document of charges herein; (2) that after due hearing, an
Plant-Incorporated Protectants: June 30, 2016. If you have questions, order be made commanding said respondent
Proposed Modifications of Registration consult the person listed under FOR to pay to Complainants by way of reparations
Procedures for Plant-Incorporated FURTHER INFORMATION CONTACT. for the unlawful conduct hereinabove
Protectants in Breeding Line described, the sums described herein, with
Authority: 7 U.S.C. 136 et seq.
Intermediates; Notice of Availability; interest and attorney’s fees, costs and
Extension of Comment Period Dated: August 11, 2016. expenses, or such other sum as the
Robert C. McNally, Commission may determine to be proper as
AGENCY: Environmental Protection Director, Biopesticides and Pollution an award of reparation; (3) that the
Agency (EPA). Prevention Division, Office of Pesticide Commission issue an Order holding that the
ACTION: Notice; extension of comment Programs. respondents Dimitry Alper individually, and
period. [FR Doc. 2016–19646 Filed 8–16–16; 8:45 am] Marine Transport Logistics, Inc. violated the
BILLING CODE 6560–50–P Shipping Act of 1984; and (4) that the
SUMMARY: EPA issued a notice in the Commission issue such other and further
Federal Register of June 30, 2016, order or orders as the Commission
concerning the availability for public determines to be just and proper.’’
comment of a White Paper describing FEDERAL MARITIME COMMISSION
how the Agency is proposing to modify [Docket No. 16–16] The full text of the complaint can be
its current approach to plant- found in the Commission’s Electronic
incorporated protectants in breeding MAVL Capital, Inc., IAM & AL Group Reading Room at www.fmc.gov/16-16.
line intermediates under section 3 of the Inc., and Maxim Ostrovskiy V. Marine
Transport Logistics, Inc. and Dimitry This proceeding has been assigned to
Federal Insecticide, Fungicide and the Office of Administrative Law Judges.
Rodenticide Act. This document Alper: Notice of Filing of Complaint
and Assignment The initial decision of the presiding
extends the comment period for 45 officer in this proceeding shall be issued
days, from August 15, 2016 to Notice is given that a Complaint has by August 11, 2017 and the final
mstockstill on DSK3G9T082PROD with NOTICES

September 29, 2016. Stakeholders have been filed with the Federal Maritime decision of the Commission shall be
expressed a desire to comment on EPA’s Commission (Commission) by MAVL issued by February 26, 2018.
proposal and have requested additional Capital, Inc. (‘‘MAVL’’), IAM & AL
time to review the proposal and GROUP INC. (‘‘IAM’’), and Maxim Rachel E. Dickon,
respond. Ostrovskiy, hereinafter ‘‘Complainants,’’ Assistant Secretary.
DATES: Comments, identified by docket against Marine Transport Logistics, Inc. [FR Doc. 2016–19653 Filed 8–16–16; 8:45 am]
identification (ID) number EPA–HQ– (‘‘MTL’’) and Dimitry Alper, hereinafter BILLING CODE 6731–AA–P

VerDate Sep<11>2014 16:39 Aug 16, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 E:\FR\FM\17AUN1.SGM 17AUN1

Document Created: 2018-02-09 11:35:11
Document Modified: 2018-02-09 11:35:11

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 September 16, 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 54802