81 FR 58927 - Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 166 (August 26, 2016)

Page Range		58927-58928
FR Document		2016-20403

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA''), notice is hereby given of a proposed settlement agreement to settle lawsuits filed by CTA Construction and Environmental, LLC, and National Electric Coil, Inc. (``Petitioners''), in the United States Court of Appeals for the Ninth Circuit: CTA Construction and Environmental, LLC, et al., v. EPA, Nos. 15-72796 and 15-72810. On September 15, 2015, Petitioners filed petitions for review challenging, generally, the Environmental Protection Agency's (EPA) July 15, 2015, administrative compliance order (``Amended Order'') issued by EPA under the CAA and the Resource Conservation and Recovery Act (``RCRA'') and challenging, specifically, the CAA provisions of the Amended Order. Under the terms of the proposed settlement agreement, Petitioners will voluntarily dismiss their petitions for review of the Amended Order, with prejudice, in exchange for EPA's agreement that EPA will not seek administrative or civil penalties from the Petitioners for the CAA violations alleged in the Amended Order.

Federal Register, Volume 81 Issue 166 (Friday, August 26, 2016)

[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 58927-58928]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20403]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2016-0498; FRL-9951-53-OGC]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA''), notice is hereby given of a proposed settlement 
agreement to settle lawsuits filed by CTA Construction and 
Environmental, LLC, and National Electric Coil, Inc. (``Petitioners''), 
in the United States Court of Appeals for the Ninth Circuit: CTA 
Construction and Environmental, LLC, et al., v. EPA, Nos. 15-72796 and 
15-72810. On September 15, 2015, Petitioners filed petitions for review 
challenging, generally, the Environmental Protection Agency's (EPA) 
July 15, 2015, administrative compliance order (``Amended Order'') 
issued by EPA under the CAA and the Resource Conservation and Recovery 
Act (``RCRA'') and challenging, specifically, the CAA provisions of the 
Amended Order. Under the terms of the proposed settlement agreement, 
Petitioners will voluntarily dismiss their petitions for review of the 
Amended Order, with prejudice, in exchange for EPA's agreement that EPA 
will not seek administrative or civil penalties from the Petitioners 
for the CAA violations alleged in the Amended Order.

DATES: Written comments on the proposed settlement agreement must be 
received by September 26, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0498, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; mailed 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: Susan Stahle, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-1272; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would settle Petitioners' 
petitions for review in the United States Court of Appeals for the 
Ninth Circuit challenging, under CAA section 307(b)(1), the CAA 
provisions of the Amended Order. The proposed settlement agreement 
would require Petitioners to voluntarily dismiss their petitions for 
review of the Amended Order, with prejudice, in exchange for EPA's 
agreement that EPA will not seek administrative or civil penalties from 
the Petitioners for the CAA violations alleged in the Amended Order. 
The proposed settlement agreement also provides for each party to bear 
its own litigation costs.
    For a period of 30 days following the date of publication of this 
notice, the Agency will receive written comments relating to the 
proposed settlement agreement from persons who were 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 
settlement agreement 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

[[Page 58928]]

of Justice determines that consent to the agreement should be 
withdrawn, the terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How can I get a copy of the proposed settlement agreement?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2016-0498 which contains a copy of the 
proposed settlement agreement. 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 to 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: August 18, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-20403 Filed 8-25-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices 58927

System (NAICS) codes is not intended published list (15 U.S.C. DATES: Written comments on the
to be exhaustive, but rather provides a 2611(c)(7)(A)(vi)). In addition, any proposed settlement agreement must be
guide to help readers determine whether person may petition EPA to add a received by September 26, 2016.
this document applies to them. mercury compound to this published ADDRESSES: Submit your comments,
Potentially affected entities may list (15 U.S.C. 2611(c)(7)(C)). The statute identified by Docket ID number EPA–
include: provides an exception to the export HQ–OGC–2016–0498, online at
• Other Basic Inorganic Chemical prohibition for export of listed mercury www.regulations.gov (EPA’s preferred
Manufacturing (NAICS code 325180), compounds to member countries of the method); by email to oei.docket@
e.g., manufacturers of basic inorganic Organization for Economic Co-operation epa.gov; mailed to EPA Docket Center,
chemicals (except industrial gases and and Development for environmentally Environmental Protection Agency,
synthetic dyes and pigments); sound disposal, on the condition that no Mailcode: 2822T, 1200 Pennsylvania
• All Other Miscellaneous Chemical mercury or mercury compounds so Ave. NW., Washington, DC 20460–0001;
Product and Preparation Manufacturing exported are to be recovered, recycled, or by hand delivery or courier to EPA
(NAICS code 325998), e.g., or reclaimed for use, or directly reused, Docket Center, EPA West, Room 3334,
manufacturers of chemical products after such export (15 U.S.C. 1301 Constitution Ave. NW.,
(except basic chemicals, resins, 2611(c)(7)(D)). EPA is not soliciting Washington, DC, between 8:30 a.m. and
synthetic rubber; cellulosic and comments on this notice. 4:30 p.m. Monday through Friday,
noncellulosic fiber and filaments; excluding legal holidays. Comments on
pesticides, fertilizers, and other Authority: 15 U.S.C. 2611(c)
a disk or CD–ROM should be formatted
agricultural chemicals; pharmaceuticals Dated: August 12, 2016.
in Word or ASCII file, avoiding the use
and medicines; paints, coatings and Jim Jones,
of special characters and any form of
adhesives; soap, cleaning compounds, Assistant Administrator, Office of Chemical encryption, and may be mailed to the
and toilet preparations; printing inks; Safety and Pollution Prevention.
mailing address above.
explosives; custom compounding of [FR Doc. 2016–20534 Filed 8–25–16; 8:45 am]
purchased resins; and photographic FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
films, papers, plates, and chemicals); Susan Stahle, Air and Radiation Law
• Analytical Laboratory Instrument Office (2344A), Office of General
Manufacturing (NAICS code 334516), Counsel, U.S. Environmental Protection
ENVIRONMENTAL PROTECTION
e.g., manufacturers of instruments and Agency, 1200 Pennsylvania Ave. NW.,
AGENCY
instrumentation systems for laboratory Washington, DC 20460; telephone: (202)
analysis of the chemical or physical [EPA–HQ–OGC–2016–0498; FRL–9951–53– 564–1272; fax number (202) 564–5603;
OGC] email address: stahle.susan@epa.gov.
composition or concentration of
samples of solid, fluid, gaseous, or SUPPLEMENTARY INFORMATION:
Proposed Settlement Agreement,
composite material; or Clean Air Act Citizen Suit I. Additional Information About the
• Other Chemical and Allied
Proposed Settlement Agreement
Products Merchant Wholesalers (NAICS AGENCY: Environmental Protection
code 424690), e.g., merchant wholesale Agency (EPA). The proposed settlement agreement
distributors of chemicals and allied ACTION: Notice of proposed settlement would settle Petitioners’ petitions for
products (except agricultural and agreement; request for public comment. review in the United States Court of
medicinal chemicals, paints and Appeals for the Ninth Circuit
varnishes, fireworks, and plastics SUMMARY: In accordance with section challenging, under CAA section
materials and basic forms and shapes). 113(g) of the Clean Air Act, as amended 307(b)(1), the CAA provisions of the
(‘‘CAA’’), notice is hereby given of a Amended Order. The proposed
II. What action is the Agency taking? proposed settlement agreement to settle settlement agreement would require
As directed in TSCA section lawsuits filed by CTA Construction and Petitioners to voluntarily dismiss their
12(c)(7)(B), 15 U.S.C. 2611(c)(7)(B), EPA Environmental, LLC, and National petitions for review of the Amended
is publishing a list of mercury Electric Coil, Inc. (‘‘Petitioners’’), in the Order, with prejudice, in exchange for
compounds prohibited from export United States Court of Appeals for the EPA’s agreement that EPA will not seek
under TSCA section 12(c), as amended. Ninth Circuit: CTA Construction and administrative or civil penalties from
EPA must publish this list not later than Environmental, LLC, et al., v. EPA, Nos. the Petitioners for the CAA violations
90 days after June 22, 2016 (15 U.S.C. 15–72796 and 15–72810. On September alleged in the Amended Order. The
2611(c)(7)(B)). Effective January 1, 2020, 15, 2015, Petitioners filed petitions for proposed settlement agreement also
the statute prohibits export of: Mercury review challenging, generally, the provides for each party to bear its own
(I) chloride or calomel; mercury (II) Environmental Protection Agency’s litigation costs.
oxide; mercury (II) sulfate; mercury (II) (EPA) July 15, 2015, administrative For a period of 30 days following the
nitrate; and cinnabar or mercury compliance order (‘‘Amended Order’’) date of publication of this notice, the
sulphide (15 U.S.C. 2611(c)(7)(A)(i)–(v)). issued by EPA under the CAA and the Agency will receive written comments
The respective Chemical Abstracts Resource Conservation and Recovery relating to the proposed settlement
Service Registry Numbers (CASRN) Act (‘‘RCRA’’) and challenging, agreement from persons who were not
associated with the enumerated specifically, the CAA provisions of the named as parties or intervenors to the
chemical substances are: 10112–91–1, Amended Order. Under the terms of the litigation in question. EPA or the
21908–53–2, 7783–35–9, 10045–94–0, proposed settlement agreement, Department of Justice may withdraw or
mstockstill on DSK3G9T082PROD with NOTICES

and 1344–48–5. The statute also Petitioners will voluntarily dismiss their withhold consent to the proposed
provides that EPA, on determining that petitions for review of the Amended settlement agreement if the comments
exporting any additional mercury Order, with prejudice, in exchange for disclose facts or considerations that
compound for the purpose of EPA’s agreement that EPA will not seek indicate that such consent is
regenerating elemental mercury is administrative or civil penalties from inappropriate, improper, inadequate, or
technically feasible, may add by rule the Petitioners for the CAA violations inconsistent with the requirements of
such mercury compound to the alleged in the Amended Order. the Act. Unless EPA or the Department

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Document Created: 2016-08-26 10:40:57
Document Modified: 2016-08-26 10:40:57

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 settlement agreement; request for public comment.
Dates		Written comments on the proposed settlement agreement must be received by September 26, 2016.
Contact		Susan Stahle, 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 58927