81 FR 73387 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 206 (October 25, 2016)
Federal Register Volume 81, Issue 206 (October 25, 2016)
| Page Range | 73387-73388 | |
| FR Document | 2016-25771 |
[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)] [Notices] [Pages 73387-73388] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25771] [[Page 73387]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0612; FRL-9954-48-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''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Air Alliance Houston, Community In-Power and Development Association, Inc., Louisiana Bucket Brigade and Texas Environmental Justice Advocacy Services (``Plaintiffs''), in the United States District Court for the District of Columbia: Air Alliance Houston, et al. v. McCarthy, No. 1:16-cv-01998 (D.D.C.). On October 6, 2016, Plaintiffs filed a complaint that EPA failed to perform nondiscretionary duties under Clean Air Act. Specifically, Plaintiffs allege that EPA failed to review and, if necessary, revise the emissions factor for volatile organic compounds (``VOCs'') from flares at natural gas production facilities at least once every three years. The consent decree would require EPA to propose action by June 5, 2017, and take final action by February 5, 2018. DATES: Written comments on the proposed consent decree must be received by November 25, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0612, 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 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: 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 Consent Decree The proposed consent decree would settle Plaintiffs' claims in a deadline suit alleging EPA failed to perform nondiscretionary duties pursuant to CAA section 130 to review, and, if necessary, revise the VOC emission factor for elevated flares and enclosed ground flares at natural gas production sites in the source category entitled ``Crude Oil and Natural Gas Production, Transmission and Distribution'' (ONG source category) at least once every three years (``Natural Gas VOC emissions factor''). The proposed consent decree would require EPA, by June 5, 2017, to review and either propose revisions to the Natural Gas VOC emissions factor under CAA section 130, or propose a determination under CAA section 130 that revision of the Natural Gas VOC emissions factor is not necessary. The proposed consent decree would also require EPA, by February 5, 2018, to issue final revisions to the Natural Gas VOC emissions factor under CAA section 130, or issue a final determination under CAA section 130 that revision of the Natural Gas VOC emissions factor is not necessary. EPA will post each proposed revision or determination (or combination thereof), and each final revision or determination (or combination thereof), on its AP-42 Web site (located at https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emission-factors) on the dates indicated above. In addition, EPA will provide a copy of each such action to Plaintiffs' counsel within seven days of posting. Under the proposed consent decree, once EPA has met these obligations, and any claims by Plaintiffs for costs of litigation have been resolved pursuant to the process provided in the proposed consent decree, the court would dismiss the suit with prejudice. For a period of 30 days following the date of publication of this notice, the Agency will receive written comments relating to the proposed consent decree 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 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 the consent decree should be withdrawn, the terms of the 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 under Docket ID No. EPA- HQ-OGC-2016-0612 contains a copy of the 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 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 [[Page 73388]] 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: October 17, 2016. Gautam Srinivasan, Acting Associate General Counsel. [FR Doc. 2016-25771 Filed 10-24-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices 73387
ENVIRONMENTAL PROTECTION FURTHER INFORMATION CONTACT section. Agency will receive written comments
AGENCY For the full EPA public comment policy, relating to the proposed consent decree
information about CBI or multimedia from persons who were not named as
[EPA–HQ–OGC–2016–0612; FRL–9954–48–
submissions, and general guidance on parties or intervenors to the litigation in
OGC]
making effective comments, please visit question. EPA or the Department of
Proposed Consent Decree, Clean Air http://www2.epa.gov/dockets/ Justice may withdraw or withhold
Act Citizen Suit commenting-epa-dockets. consent to the proposed consent decree
FOR FURTHER INFORMATION CONTACT: if the comments disclose facts or
AGENCY: Environmental Protection Susan Stahle, Air and Radiation Law considerations that indicate that such
Agency (EPA). Office (2344A), Office of General consent is inappropriate, improper,
ACTION: Notice of proposed consent Counsel, U.S. Environmental Protection inadequate, or inconsistent with the
decree; request for public comment. Agency, 1200 Pennsylvania Ave. NW., requirements of the Act. Unless EPA or
Washington, DC 20460; telephone: (202) the Department of Justice determines
SUMMARY: In accordance with section 564–1272; fax number (202) 564–5603; that consent to the consent decree
113(g) of the Clean Air Act, as amended email address: stahle.susan@epa.gov. should be withdrawn, the terms of the
(‘‘CAA’’), notice is hereby given of a decree will be affirmed.
SUPPLEMENTARY INFORMATION:
proposed consent decree to address a
lawsuit filed by Air Alliance Houston, I. Additional Information About the II. Additional Information About
Community In-Power and Development Proposed Consent Decree Commenting on the Proposed Consent
Association, Inc., Louisiana Bucket Decree
The proposed consent decree would
Brigade and Texas Environmental settle Plaintiffs’ claims in a deadline A. How can I get a copy of the consent
Justice Advocacy Services (‘‘Plaintiffs’’), suit alleging EPA failed to perform decree?
in the United States District Court for nondiscretionary duties pursuant to The official public docket for this
the District of Columbia: Air Alliance CAA section 130 to review, and, if action under Docket ID No. EPA–HQ–
Houston, et al. v. McCarthy, No. 1:16-cv- necessary, revise the VOC emission OGC–2016–0612 contains a copy of the
01998 (D.D.C.). On October 6, 2016, factor for elevated flares and enclosed consent decree. The official public
Plaintiffs filed a complaint that EPA ground flares at natural gas production docket is available for public viewing at
failed to perform nondiscretionary sites in the source category entitled the Office of Environmental Information
duties under Clean Air Act. Specifically, ‘‘Crude Oil and Natural Gas Production, (OEI) Docket in the EPA Docket Center,
Plaintiffs allege that EPA failed to Transmission and Distribution’’ (ONG EPA West, Room 3334, 1301
review and, if necessary, revise the source category) at least once every Constitution Ave. NW., Washington,
emissions factor for volatile organic three years (‘‘Natural Gas VOC DC. The EPA Docket Center Public
compounds (‘‘VOCs’’) from flares at emissions factor’’). The proposed Reading Room is open from 8:30 a.m. to
natural gas production facilities at least consent decree would require EPA, by 4:30 p.m., Monday through Friday,
once every three years. The consent June 5, 2017, to review and either excluding legal holidays. The telephone
decree would require EPA to propose propose revisions to the Natural Gas number for the Public Reading Room is
action by June 5, 2017, and take final VOC emissions factor under CAA (202) 566–1744, and the telephone
action by February 5, 2018. section 130, or propose a determination number for the OEI Docket is (202) 566–
DATES: Written comments on the under CAA section 130 that revision of 1752.
proposed consent decree must be the Natural Gas VOC emissions factor is An electronic version of the public
received by November 25, 2016. not necessary. The proposed consent docket is available through
ADDRESSES: Submit your comments, decree would also require EPA, by www.regulations.gov. You may use the
identified by Docket ID number EPA– February 5, 2018, to issue final revisions www.regulations.gov to submit or view
HQ–OGC–2016–0612, online at to the Natural Gas VOC emissions factor public comments, access the index
www.regulations.gov. For comments under CAA section 130, or issue a final listing of the contents of the official
submitted at www.regulations.gov, determination under CAA section 130 public docket, and to access those
follow the online instructions for that revision of the Natural Gas VOC documents in the public docket that are
submitting comments. Once submitted, emissions factor is not necessary. EPA available electronically. Once in the
comments cannot be edited or removed will post each proposed revision or system, key in the appropriate docket
from www.regulations.gov. The EPA determination (or combination thereof), identification number then select
may publish any comment received to and each final revision or determination ‘‘search’’.
its public docket. Do not submit (or combination thereof), on its AP–42 It is important to note that EPA’s
electronically any information you Web site (located at https:// policy is that public comments, whether
consider to be Confidential Business www.epa.gov/air-emissions-factors-and- submitted electronically or in paper,
Information (CBI) or other information quantification/ap-42-compilation-air- will be made available for public
whose disclosure is restricted by statute. emission-factors) on the dates indicated viewing online at www.regulations.gov
Multimedia submissions (audio, video, above. In addition, EPA will provide a without change, unless the comment
etc.) must be accompanied by a written copy of each such action to Plaintiffs’ contains copyrighted material, CBI, or
comment. The written comment is counsel within seven days of posting. other information whose disclosure is
considered the official comment and Under the proposed consent decree, restricted by statute. Information
should include discussion of all points once EPA has met these obligations, and claimed as CBI and other information
mstockstill on DSK3G9T082PROD with NOTICES
you wish to make. The EPA will any claims by Plaintiffs for costs of whose disclosure is restricted by statute
generally not consider comments or litigation have been resolved pursuant is not included in the official public
comment contents located outside of the to the process provided in the proposed docket or in the electronic public
primary submission (i.e. on the web, consent decree, the court would dismiss docket. EPA’s policy is that copyrighted
cloud, or other file sharing system). For the suit with prejudice. material, including copyrighted material
additional submission methods, please For a period of 30 days following the contained in a public comment, will not
contact the person identified in the FOR date of publication of this notice, the be placed in EPA’s electronic public
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![73388 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices
docket but will be available only in ENVIRONMENTAL PROTECTION (202) 566–2745 or the applicable EPA
printed, paper form in the official public AGENCY Regional Office listed at the end this
docket. Although not all docket Notice.
[FRL–9954–44–OLEM]
materials may be available SUPPLEMENTARY INFORMATION:
electronically, you may still access any Comprehensive Environmental
of the publicly available docket I. General Information
Response, Compensation and Liability
materials through the EPA Docket Act (CERCLA) or Superfund, Section Section 128(a) of the Comprehensive
Center. 128(a); Notice of Grant Funding Environmental Response,
Guidance for State and Tribal Compensation, and Liability Act
B. How and to whom do I submit (CERCLA), as amended, authorizes a
comments? Response Programs for FY2017
noncompetitive $50 million grant
AGENCY: Environmental Protection program to establish and enhance state 1
You may submit comments as
Agency (EPA). and tribal 2 response programs. CERCLA
provided in the ADDRESSES section.
Please ensure that your comments are ACTION: Notice. section 128(a) response program grants
submitted within the specified comment are funded with categorical 3 State and
SUMMARY: The Environmental Protection Tribal Assistance Grant (STAG)
period. Comments received after the Agency (EPA) will accept requests, from
close of the comment period will be appropriations. Section 128(a)
November 1, 2016 through December cooperative agreements are awarded and
marked ‘‘late.’’ EPA is not required to 31, 2016, for grants to establish and administered by the EPA regional
consider these late comments. enhance State and Tribal Response offices. Generally, these response
If you submit an electronic comment, Programs. This notice provides programs address the assessment,
EPA recommends that you include your guidance on eligibility for funding, use cleanup, and redevelopment of
name, mailing address, and an email of funding, grant mechanisms and brownfields sites and other sites with
address or other contact information in process for awarding funding, the actual or perceived contamination. This
the body of your comment and with any allocation system for distribution of document provides guidance that will
disk or CD ROM you submit. This funding, and terms and reporting under enable states and tribes to apply for and
ensures that you can be identified as the these grants. EPA has consulted with use Fiscal Year 2016 section 128(a)
submitter of the comment and allows state and tribal officials in developing funds.4
EPA to contact you in case EPA cannot this guidance. The Catalogue of Federal Domestic
read your comment due to technical The primary goal of this funding is to Assistance entry for the section 128(a)
difficulties or needs further information ensure that state and tribal response State and Tribal Response Program
on the substance of your comment. Any programs include, or are taking cooperative agreements is 66.817. This
identifying or contact information reasonable steps to include, certain grant program is eligible to be included
provided in the body of a comment will elements of a response program and in state and tribal Performance
be included as part of the comment that establishing a public record. Another Partnership Grants under 40 CFR part
is placed in the official public docket, goal is to provide funding for other 35 Subparts A and B, with the exception
and made available in EPA’s electronic activities that increase the number of of funds used to capitalize a revolving
public docket. If EPA cannot read your response actions conducted or overseen loan fund for brownfield remediation
comment due to technical difficulties by a state or tribal response program. under section 104(k)(3); or purchase
and cannot contact you for clarification, This funding is not intended to supplant environmental insurance or developing
EPA may not be able to consider your current state or tribal funding for their a risk sharing pool, an indemnity pool,
comment. response programs. Instead, it is to or insurance mechanism to provide
supplement their funding to increase financing for response actions under a
Use of the www.regulations.gov Web
their response capacity. State or Tribal response program.
site to submit comments to EPA Requests for funding will be accepted
For fiscal year 2017, EPA will
electronically is EPA’s preferred method from November 1, 2016 through
consider funding requests up to a
for receiving comments. The electronic December 31, 2016. Requests EPA
maximum of $1.0 million per state or
public docket system is an ‘‘anonymous receives after December 31, 2016 will
tribe. Subject to the availability of
access’’ system, which means EPA will not be considered for FY2017 funding.
funds, EPA regional personnel will be
not know your identity, email address, Information that must be submitted with
available to provide technical assistance
or other contact information unless you the funding request is listed in Section
to states and tribes as they apply for and
provide it in the body of your comment. IX of this guidance. States or tribes that
carry out these grants.
In contrast to EPA’s electronic public do not submit the request in the
docket, EPA’s electronic mail (email) DATES: This action is effective as of
November 1, 2016. EPA expects to make appropriate manner may forfeit their
system is not an ‘‘anonymous access’’ ability to receive funds. First time
system. If you send an email comment non-competitive grant awards to states
and tribes which apply during fiscal requestors are strongly encouraged to
directly to the Docket without going
through www.regulations.gov, your year 2017. 1 The term ‘‘state’’ is defined in this document as
email address is automatically captured ADDRESSES: Mailing addresses for EPA defined in CERCLA section 101(27).
and included as part of the comment Regional Offices and EPA Headquarters 2 The term ‘‘Indian tribe’’ is defined in this
that is placed in the official public can be found at www.epa.gov/ document as it is defined in CERCLA section
brownfields and at the end of this 101(36). Intertribal consortia, as defined in the
docket, and made available in EPA’s
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register Notice at 67 FR 67181, Nov. 4,
electronic public docket. Notice. Funding requests may be 2002, are also eligible for funding under CERCLA
submitted electronically to the EPA section 128(a).
Dated: October 17, 2016.
Regional Offices. 3 Categorical grants are issued by the U.S.
Gautam Srinivasan, Congress to fund state and local governments for
FOR FURTHER INFORMATION CONTACT:
Acting Associate General Counsel. narrowly defined purposes.
EPA’s Office of Solid Waste and 4 The Agency may waive any provision of this
[FR Doc. 2016–25771 Filed 10–24–16; 8:45 am] Emergency Response, Office of guidance that is not required by statute, regulation,
BILLING CODE 6560–50–P Brownfields and Land Revitalization, Executive Order or overriding Agency policies.
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Document Created: 2018-02-13 16:38:06
Document Modified: 2018-02-13 16:38:06
| 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 November 25, 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 73387 |
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