81 FR 72804 - Proposed Settlement Agreement, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 204 (October 21, 2016)
Federal Register Volume 81, Issue 204 (October 21, 2016)
| Page Range | 72804-72805 | |
| FR Document | 2016-25513 |
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)] [Notices] [Pages 72804-72805] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25513] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0613; FRL-9954-39-OGC] Proposed Settlement Agreement, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; 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 settlement agreement to address a lawsuit filed by the Center for Biological Diversity, Association of Irritated Residents, and Sierra Club (Plaintiffs), in the United States District Court for the Northern District of California: Center For Biological Diversity et al. v. United States Environmental Protection Agency et al. No. 4:16-cv-01946- SBA (N.D. Cal.). On April 14, 2016, Plaintiffs filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency, and Jared Blumenfeld, in his official capacity as Regional Administrator of the United States Environmental Protection Agency (collectively, ``EPA''), failed to perform a nondiscretionary duty to grant or deny within 60 days a petition submitted by Plaintiffs on December 16, 2014, requesting that EPA object to an Authority to Construct/Certificate of Conformity issued by the San Joaquin Valley Air Pollution Control District to the Alon USA--Bakersfield, California Refinery Facility. The proposed settlement agreement would establish two deadlines for EPA to take specified action. DATES: Written comments on the proposed settlement agreement must be received by November 21, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0613, online at www.regulations.gov. For comments submitted at www.regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.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 generally will 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: 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 Settlement Agreement The proposed settlement agreement would resolve a lawsuit filed by the Plaintiffs seeking to compel the Administrator to take actions under CAA section 505(b)(2). Under the terms of the proposed settlement agreement, EPA would agree to sign its response granting or denying one specified section of the petition filed by Plaintiffs regarding the Alon USA--Bakersfield, California Refinery Facility on or before December 30, 2016. Additionally, EPA would agree to sign its response granting or denying two other specified sections of the petition filed by Plaintiffs regarding the Alon USA--Bakersfield, California Refinery Facility on or before July 31, 2016. Under the terms of the proposed settlement agreement, EPA would expeditiously deliver notice of EPA's responses to the Office of the Federal Register for review and publication following signature of each response. In addition, the proposed settlement agreement sets out a framework for resolving any request for 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 settlement agreement 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 settlement agreement if the comments disclose facts or considerations that indicate that such agreement is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to this settlement agreement should be withdrawn, the terms of the settlement agreement will be affirmed. II. Additional Information About Commenting on the Proposed Settlement Agreement A. How can I get a copy of the settlement agreement? The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2016-0613) 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 [[Page 72805]] 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 such 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: October 15, 2016. Gautam Srinivasan, Acting Associate General Counsel. [FR Doc. 2016-25513 Filed 10-20-16; 8:45 am] BILLING CODE 6560-50-P
![72804 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices
information, other than trade secret capacity as Regional Administrator of of the proposed settlement agreement,
processes or methods, must be publicly the United States Environmental EPA would agree to sign its response
available. Information about fee Protection Agency (collectively, ‘‘EPA’’), granting or denying one specified
payments is treated as confidential failed to perform a nondiscretionary section of the petition filed by Plaintiffs
information prior to certification. duty to grant or deny within 60 days a regarding the Alon USA—Bakersfield,
Form Numbers: 3520–29. petition submitted by Plaintiffs on California Refinery Facility on or before
Respondents/affected entities: December 16, 2014, requesting that EPA December 30, 2016. Additionally, EPA
Manufacturers or importers of motor object to an Authority to Construct/ would agree to sign its response
vehicles and engines. Certificate of Conformity issued by the granting or denying two other specified
Respondent’s obligation to respond: San Joaquin Valley Air Pollution sections of the petition filed by
Required to obtain or retain a benefit (40 Control District to the Alon USA— Plaintiffs regarding the Alon USA—
CFR part 1027). Bakersfield, California Refinery Facility. Bakersfield, California Refinery Facility
Estimated number of respondents: The proposed settlement agreement on or before July 31, 2016.
597 (total). would establish two deadlines for EPA Under the terms of the proposed
Frequency of response: Annually, On to take specified action. settlement agreement, EPA would
occasion. DATES: Written comments on the expeditiously deliver notice of EPA’s
Total estimated burden: 927 hours proposed settlement agreement must be responses to the Office of the Federal
(per year). Burden is defined at 5 CFR received by November 21, 2016. Register for review and publication
1320.03(b). ADDRESSES: Submit your comments, following signature of each response. In
Total estimated cost: $59,683 (per identified by Docket ID number EPA– addition, the proposed settlement
year), includes $9,965 annualized HQ–OGC–2016–0613, online at agreement sets out a framework for
capital or operation & maintenance www.regulations.gov. For comments resolving any request for costs of
costs. submitted at www.regulations.gov, litigation, including attorney fees.
Changes in the Estimates: There is a follow the online instructions for For a period of thirty (30) days
decrease of 586 hours in the total submitting comments. Once submitted, following the date of publication of this
estimated respondent burden compared comments cannot be edited or removed notice, the Agency will accept written
with the ICR currently approved by from www.regulations.gov. The EPA comments relating to the proposed
OMB. This decrease is due to an may publish any comment received to settlement agreement from persons who
increase in the number of online fee its public docket. Do not submit are not named as parties or intervenors
forms from manufacturers. electronically any information you to the litigation in question. EPA or the
consider to be Confidential Business Department of Justice may withdraw or
Courtney Kerwin,
Information (CBI) or other information withhold consent to the proposed
Director, Regulatory Support Division. settlement agreement if the comments
whose disclosure is restricted by statute.
[FR Doc. 2016–25494 Filed 10–20–16; 8:45 am] disclose facts or considerations that
Multimedia submissions (audio, video,
BILLING CODE 6560–50–P
etc.) must be accompanied by a written indicate that such agreement is
comment. The written comment is inappropriate, improper, inadequate, or
considered the official comment and inconsistent with the requirements of
ENVIRONMENTAL PROTECTION the Act. Unless EPA or the Department
AGENCY should include discussion of all points
you wish to make. The EPA generally of Justice determines that consent to this
[EPA–HQ–OGC–2016–0613; FRL–9954–39– will not consider comments or comment settlement agreement should be
OGC] contents located outside of the primary withdrawn, the terms of the settlement
submission (i.e. on the web, cloud, or agreement will be affirmed.
Proposed Settlement Agreement,
other file sharing system). For II. Additional Information About
Clean Air Act Citizen Suit
additional submission methods, please Commenting on the Proposed
AGENCY: Environmental Protection contact the person identified in the FOR Settlement Agreement
Agency (EPA). FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, A. How can I get a copy of the
ACTION: Notice of proposed settlement
information about CBI or multimedia settlement agreement?
agreement; request for public comment.
submissions, and general guidance on The official public docket for this
SUMMARY: In accordance with section making effective comments, please visit action (identified by Docket ID No.
113(g) of the Clean Air Act, as amended http://www2.epa.gov/dockets/ EPA–HQ–OGC–2016–0613) contains a
(‘‘CAA’’ or the ‘‘Act’’), notice is hereby commenting-epa-dockets. copy of the proposed settlement
given of a proposed settlement FOR FURTHER INFORMATION CONTACT: Dan agreement. The official public docket is
agreement to address a lawsuit filed by Conrad, Air and Radiation Law Office available for public viewing at the
the Center for Biological Diversity, (2344A), Office of General Counsel, U.S. Office of Environmental Information
Association of Irritated Residents, and Environmental Protection Agency, 1200 (OEI) Docket in the EPA Docket Center,
Sierra Club (Plaintiffs), in the United Pennsylvania Ave. NW., Washington, EPA West, Room 3334, 1301
States District Court for the Northern DC 20460; telephone: (202) 564–0903; Constitution Ave. NW., Washington,
District of California: Center For email address: conrad.daniel@epa.gov. DC. The EPA Docket Center Public
Biological Diversity et al. v. United Reading Room is open from 8:30 a.m. to
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
States Environmental Protection Agency 4:30 p.m., Monday through Friday,
et al. No. 4:16–cv–01946–SBA (N.D. I. Additional Information About the excluding legal holidays. The telephone
Cal.). On April 14, 2016, Plaintiffs filed Proposed Settlement Agreement number for the Public Reading Room is
a complaint alleging that Gina The proposed settlement agreement (202) 566–1744, and the telephone
McCarthy, in her official capacity as would resolve a lawsuit filed by the number for the OEI Docket is (202) 566–
Administrator of the United States Plaintiffs seeking to compel the 1752.
Environmental Protection Agency, and Administrator to take actions under An electronic version of the public
Jared Blumenfeld, in his official CAA section 505(b)(2). Under the terms docket is available through
VerDate Sep<11>2014 19:06 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1](https://thefederalregister.org/doc/81_FR_73008/page/1.svg)
![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Notices 72805
www.regulations.gov. You may use Use of the www.regulations.gov Web Federal Deposit Insurance Corporation.
www.regulations.gov to submit or view site to submit comments to EPA Robert E. Feldman,
public comments, access the index electronically is EPA’s preferred method Executive Secretary.
listing of the contents of the official for receiving comments. The electronic [FR Doc. 2016–25652 Filed 10–19–16; 4:15 pm]
public docket, and access those public docket system is an ‘‘anonymous BILLING CODE P
documents in the public docket that are access’’ system, which means EPA will
available electronically. Once in the not know your identity, email address,
system, key in the appropriate docket or other contact information unless you FEDERAL RESERVE SYSTEM
identification number then select provide it in the body of your comment.
‘‘search.’’ In contrast to EPA’s electronic public Formations of, Acquisitions by, and
It is important to note that EPA’s docket, EPA’s electronic mail (email) Mergers of Bank Holding Companies
policy is that public comments, whether system is not an ‘‘anonymous access’’
submitted electronically or in paper, system. If you send an email comment The companies listed in this notice
will be made available for public have applied to the Board for approval,
directly to the Docket without going
viewing online at www.regulations.gov pursuant to the Bank Holding Company
through www.regulations.gov, your
without change, unless the comment Act of 1956 (12 U.S.C. 1841 et seq.)
email address is automatically captured
contains copyrighted material, (BHC Act), Regulation Y (12 CFR part
confidential business information (CBI), and included as part of the comment
that is placed in the official public 225), and all other applicable statutes
or other information whose disclosure is and regulations to become a bank
restricted by statute. Information docket, and made available in EPA’s
holding company and/or to acquire the
claimed as CBI and other information electronic public docket.
assets or the ownership of, control of, or
whose disclosure is restricted by statute Dated: October 15, 2016. the power to vote shares of a bank or
is not included in the official public Gautam Srinivasan, bank holding company and all of the
docket or in the electronic public Acting Associate General Counsel. banks and nonbanking companies
docket. EPA’s policy is that copyrighted owned by the bank holding company,
[FR Doc. 2016–25513 Filed 10–20–16; 8:45 am]
material, including copyrighted material including the companies listed below.
contained in a public comment, will not BILLING CODE 6560–50–P
The applications listed below, as well
be placed in EPA’s electronic public as other related filings required by the
docket but will be available only in Board, are available for immediate
printed, paper form in the official public inspection at the Federal Reserve Bank
docket. Although not all docket FEDERAL DEPOSIT INSURANCE
indicated. The applications will also be
materials may be available CORPORATION available for inspection at the offices of
electronically, you may still access any the Board of Governors. Interested
of the publicly available docket Sunshine Act Meeting
persons may express their views in
materials through the EPA Docket writing on the standards enumerated in
Center. Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5 the BHC Act (12 U.S.C. 1842(c)). If the
B. How and to whom do I submit U.S.C. 552b), notice is hereby given that proposal also involves the acquisition of
comments? at 10:29 a.m. on Wednesday, October a nonbanking company, the review also
19, 2016, the Board of Directors of the includes whether the acquisition of the
You may submit comments as
Federal Deposit Insurance Corporation nonbanking company complies with the
provided in the ADDRESSES section.
met in closed session to consider standards in section 4 of the BHC Act
Please ensure that your comments are
matters related to the Corporation’s (12 U.S.C. 1843). Unless otherwise
submitted within the specified comment
noted, nonbanking activities will be
period. Comments received after the supervision and resolution activities.
conducted throughout the United States.
close of the comment period will be In calling the meeting, the Board Unless otherwise noted, comments
marked ‘‘late.’’ EPA is not required to determined, on motion of Director regarding each of these applications
consider such late comments. Thomas J. Curry (Comptroller of the must be received at the Reserve Bank
If you submit an electronic comment, Currency), seconded by Director indicated or the offices of the Board of
EPA recommends that you include your Richard Cordray (Director, Consumer Governors not later than November 15,
name, mailing address, and an email Financial Protection Bureau), concurred 2016.
address or other contact information in
in by Vice Chairman Thomas M. Hoenig A. Federal Reserve Bank of Atlanta
the body of your comment and with any
and Chairman Martin J. Gruenberg, that (Chapelle Davis, Assistant Vice
disk or CD–ROM you submit. This
Corporation business required its President) 1000 Peachtree Street NE.,
ensures that you can be identified as the
consideration of the matters which were Atlanta, Georgia 30309. Comments can
submitter of the comment and allows
to be the subject of this meeting on less also be sent electronically to
EPA to contact you in case EPA cannot
than seven days’ notice to the public; Applications.Comments@atl.frb.org:
read your comment due to technical 1. Clayton HC, Inc., Knoxville,
that no earlier notice of the meeting was
difficulties or needs further information Tennessee; and its subsidiaries, Apex
practicable; that the public interest did
on the substance of your comment. Any Bancorp and Apex Bank, both in
not require consideration of the matters
identifying or contact information Camden, Tennessee; to acquire
in a meeting open to public observation;
provided in the body of a comment will
asabaliauskas on DSK3SPTVN1PROD with NOTICES
and that the matters could be American Patriot Bank, Greeneville,
be included as part of the comment that Tennessee.
is placed in the official public docket, considered in a closed meeting by
and made available in EPA’s electronic authority of subsections (c)(2), (c)(4), Board of Governors of the Federal Reserve
public docket. If EPA cannot read your (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of System, October 17, 2016.
comment due to technical difficulties the ‘‘Government in the Sunshine Act’’ Michele Taylor Fennell,
and cannot contact you for clarification, (5 U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), Assistant Secretary of the Board.
EPA may not be able to consider your (c)(9)(A)(ii), and (c)(9)(B). [FR Doc. 2016–25439 Filed 10–20–16; 8:45 am]
comment. Dated: October 19, 2016. BILLING CODE 6210–01–P
VerDate Sep<11>2014 19:06 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 9990 E:\FR\FM\21OCN1.SGM 21OCN1](https://thefederalregister.org/doc/81_FR_73008/page/2.svg)
Document Created: 2018-02-13 16:36:02
Document Modified: 2018-02-13 16:36:02
| 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 November 21, 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 72804 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR