81 FR 73387 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 206 (October 25, 2016)

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.

[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]]

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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.

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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 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