81 FR 83235 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 224 (November 21, 2016)
Federal Register Volume 81, Issue 224 (November 21, 2016)
| Page Range | 83235-83236 | |
| FR Document | 2016-27983 |
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)] [Notices] [Pages 83235-83236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27983] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0643; FRL 9955-41-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'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by Donald van der Vaart, in his official capacity as Secretary of North Carolina Department of Environmental Quality (``NCDEQ''), and by NCDEQ (collectively ``Plaintiffs'') in the United States District Court for the Eastern District of North Carolina: Donald van der Vaart, et al. v. McCarthy, et al., No. 4:16-cv-01946-SBA (E.D. N.C.). On June 24, 2016, Plaintiffs filed an amended complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA'') failed to perform duties mandated by CAA to take final action to approve or disapprove the December 9, 2013 Petition submitted by several states within the Ozone Transport Region (``OTR'') requesting EPA to expand the OTR to include North Carolina, among other states. The proposed consent decree would establish deadlines for EPA to take certain specified actions with respect to the December 9, 2013 Petition related to North Carolina. DATES: Written comments on the proposed consent decree must be received by December 21, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0643, 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: Alexander Bond, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-3822; fax number: (202) 564-5603; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree On June 24, 2016, Plaintiffs filed an amended complaint alleging that EPA failed to perform duties mandated by CAA to take final action to approve or disapprove the December 9, 2013 Petition submitted by several states within the OTR requesting EPA to expand the OTR pursuant to 42 U.S.C 7506a(a) to include North Carolina and several other states. Under the terms of the proposed consent decree, EPA must sign a notice for public comment that proposes certain actions regarding the December 9, 2013 Petition as to the State of North Carolina, no later than January 18, 2017, and must sign a final [[Page 83236]] notice of final action regarding the petition as to North Carolina thereon no later than October 27, 2017. See the proposed consent decree for the specific details. 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 proposed consent decree should be withdrawn, 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 EPA-HQ- OGC-2016-0643) 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 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 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: November 7, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016-27983 Filed 11-18-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices 83235
Issued in Washington, DC, on November IX, 75 Hawthorne Street, ORC–3, San the December 9, 2013 Petition related to
15, 2016. Francisco, CA 94105, telephone number North Carolina.
Michael Berube, 415–972–3912. Comments should DATES: Written comments on the
Director, Vehicle Technologies Office, Energy reference the Section 9 Lease Site, proposed consent decree must be
Efficiency and Renewable Energy. Coconino County, Arizona, and should received by December 21, 2016.
[FR Doc. 2016–27939 Filed 11–18–16; 8:45 am] be addressed to Joshua Wirtschafter at ADDRESSES: Submit your comments,
BILLING CODE 6450–01–P the above address. identified by Docket ID number EPA–
FOR FURTHER INFORMATION CONTACT: HQ–OGC–2016–0643, online at
Joshua Wirtschafter, Assistant Regional www.regulations.gov. For comments
ENVIRONMENTAL PROTECTION Counsel (ORC–3), Office of Regional submitted at www.regulations.gov,
AGENCY Counsel, U.S. EPA Region IX, 75 follow the online instructions for
Hawthorne Street, San Francisco, CA submitting comments. Once submitted,
[FRL–9955–42-Region 9]
94105; phone: (415) 972–3912; fax: (417) comments cannot be edited or removed
Section 9 Lease Site, Coconino 947–3570; email: wirtschafter.joshua@ from www.regulations.gov. The EPA
County, AZ; Notice of Proposed epa.gov. may publish any comment received to
CERCLA Settlement Agreement for SUPPLEMENTARY INFORMATION: its public docket. Do not submit
Recovery of Past Response Costs Parties to the Proposed Settlement: electronically any information you
Babbitt Ranches, LLC and C.O. Bar, Inc. consider to be Confidential Business
AGENCY: Environmental Protection Information (CBI) or other information
Agency (EPA). Dated: November 4, 2016.
whose disclosure is restricted by statute.
Enrique Manzanilla, Multimedia submissions (audio, video,
ACTION: Notice; request for comment.
Director, Superfund Division, U.S. EPA, etc.) must be accompanied by a written
SUMMARY: In accordance with Section Region IX. comment. The written comment is
122(i) of the Comprehensive [FR Doc. 2016–27978 Filed 11–18–16; 8:45 am] considered the official comment and
Environmental Response, Compensation BILLING CODE 6560–50–P should include discussion of all points
and Liability Act of 1980, as amended you wish to make. The EPA generally
(CERCLA), 42 U.S.C. 9622(i), notice is will not consider comments or comment
hereby given of a proposed ENVIRONMENTAL PROTECTION contents located outside of the primary
administrative settlement with two AGENCY submission (i.e. on the web, cloud, or
parties for recovery of response costs [EPA–HQ–OGC–2016–0643; FRL 9955–41– other file sharing system). For
concerning the Section 9 Lease Site in OGC] additional submission methods, please
Coconino County, Arizona. The contact the person identified in the FOR
settlement is entered into pursuant to Proposed Consent Decree, Clean Air FURTHER INFORMATION CONTACT section.
Section 122(h)(1) of CERCLA, 42 U.S.C. Act Citizen Suit For the full EPA public comment policy,
9622(h)(1), and it requires the settling information about CBI or multimedia
parties to pay $230,000 to the United AGENCY: Environmental Protection
submissions, and general guidance on
States Environmental Protection Agency Agency (EPA).
making effective comments, please visit
(EPA). The settlement includes a ACTION: Notice of proposed consent
http://www2.epa.gov/dockets/
covenant not to sue the settling parties decree; request for public comment. commenting-epa-dockets.
for certain costs pursuant to Sections SUMMARY: In accordance with section FOR FURTHER INFORMATION CONTACT:
106 or 107(a) of CERCLA, 42 U.S.C. 113(g) of the Clean Air Act, as amended Alexander Bond, Air and Radiation Law
9606 or 9607(a). For thirty (30) days (‘‘CAA’’ or the ‘‘Act’’), notice is hereby Office (2344A), Office of General
following the date of publication of this given of a proposed consent decree to Counsel, U.S. Environmental Protection
Notice in the Federal Register, the address a lawsuit filed by Donald van Agency, 1200 Pennsylvania Ave. NW.,
Agency will receive written comments der Vaart, in his official capacity as Washington, DC 20460; telephone: (202)
relating to the settlement. The Agency Secretary of North Carolina Department 564–3822; fax number: (202) 564–5603;
will consider all comments received and of Environmental Quality (‘‘NCDEQ’’), email address: Bond.Alexander@
may modify or withdraw its consent to and by NCDEQ (collectively epa.gov.
the settlement if comments received ‘‘Plaintiffs’’) in the United States District SUPPLEMENTARY INFORMATION:
disclose facts or considerations which Court for the Eastern District of North
indicate the proposed settlement is Carolina: Donald van der Vaart, et al. v. I. Additional Information About the
inappropriate, improper, or inadequate. McCarthy, et al., No. 4:16–cv–01946– Proposed Consent Decree
The Agency’s response to any comments SBA (E.D. N.C.). On June 24, 2016, On June 24, 2016, Plaintiffs filed an
received will be available for public Plaintiffs filed an amended complaint amended complaint alleging that EPA
inspection at 75 Hawthorne Street, San alleging that Gina McCarthy, in her failed to perform duties mandated by
Francisco, CA 94105. official capacity as Administrator of the CAA to take final action to approve or
DATES: Pursuant to Section 122(i) of United States Environmental Protection disapprove the December 9, 2013
CERCLA, EPA will receive written Agency (‘‘EPA’’) failed to perform duties Petition submitted by several states
comments relating to this proposed mandated by CAA to take final action to within the OTR requesting EPA to
settlement for thirty (30) days following approve or disapprove the December 9, expand the OTR pursuant to 42 U.S.C
asabaliauskas on DSK3SPTVN1PROD with NOTICES
the date of publication of this Notice in 2013 Petition submitted by several 7506a(a) to include North Carolina and
the Federal Register. states within the Ozone Transport several other states. Under the terms of
ADDRESSES: The proposed settlement is Region (‘‘OTR’’) requesting EPA to the proposed consent decree, EPA must
available for public inspection at EPA expand the OTR to include North sign a notice for public comment that
Region IX, 75 Hawthorne Street, San Carolina, among other states. The proposes certain actions regarding the
Francisco, California. A copy of the proposed consent decree would December 9, 2013 Petition as to the
proposed settlement may be obtained establish deadlines for EPA to take State of North Carolina, no later than
from Joshua Wirtschafter, EPA Region certain specified actions with respect to January 18, 2017, and must sign a final
VerDate Sep<11>2014 18:09 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\21NON1.SGM 21NON1](https://thefederalregister.org/doc/81_FR_83459/page/1.svg)
![83236 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices
notice of final action regarding the claimed as CBI and other information Dated: November 7, 2016.
petition as to North Carolina thereon no whose disclosure is restricted by statute Lorie J. Schmidt,
later than October 27, 2017. See the is not included in the official public Associate General Counsel.
proposed consent decree for the specific docket or in the electronic public [FR Doc. 2016–27983 Filed 11–18–16; 8:45 am]
details. docket. EPA’s policy is that copyrighted BILLING CODE 6560–50–P
For a period of thirty (30) days material, including copyrighted material
following the date of publication of this contained in a public comment, will not
notice, the Agency will accept written be placed in EPA’s electronic public ENVIRONMENTAL PROTECTION
comments relating to the proposed docket but will be available only in AGENCY
consent decree from persons who are printed, paper form in the official public
docket. Although not all docket [CERCLA–04–2017–3750; FRL–9955–46–
not named as parties or intervenors to
Region 4]
the litigation in question. EPA or the materials may be available
Department of Justice may withdraw or electronically, you may still access any Crowders Mountain Site, Kings
withhold consent to the proposed of the publicly available docket Mountain, Gaston County, North
consent decree if the comments disclose materials through the EPA Docket Carolina; Notice of Settlement
facts or considerations that indicate that Center.
such consent is inappropriate, AGENCY: Environmental Protection
B. How and to whom do I submit Agency.
improper, inadequate, or inconsistent comments?
with the requirements of the Act. Unless ACTION: Notice of settlement.
EPA or the Department of Justice You may submit comments as
provided in the ADDRESSES section. SUMMARY: Under 122(h) of the
determines that consent to this
Please ensure that your comments are Comprehensive Environmental
proposed consent decree should be
submitted within the specified comment Response, Compensation and Liability
withdrawn, the terms of the consent
period. Comments received after the Act (CERCLA), the United States
decree will be affirmed.
close of the comment period will be Environmental Protection Agency has
II. Additional Information About marked ‘‘late.’’ EPA is not required to entered into a settlement with North
Commenting on the Proposed Consent consider these late comments. Carolina Department of Natural and
Decree. If you submit an electronic comment, Cultural Resources, concerning the
EPA recommends that you include your Crowders Mountain Superfund Site
A. How can I get a copy of the proposed
name, mailing address, and an email located in Kings Mountain, Gaston
consent decree?
address or other contact information in County, North Carolina. The settlement
The official public docket for this the body of your comment and with any addresses recovery of CERCLA costs for
action (identified by EPA–HQ–OGC– disk or CD ROM you submit. This a cleanup action performed by the EPA
2016–0643) contains a copy of the ensures that you can be identified as the at the Site.
proposed consent decree. The official submitter of the comment and allows DATES: The Agency will consider public
public docket is available for public EPA to contact you in case EPA cannot comments on the settlement until
viewing at the Office of Environmental read your comment due to technical December 21, 2016. The Agency will
Information (OEI) Docket in the EPA difficulties or needs further information consider all comments received and
Docket Center, EPA West, Room 3334, on the substance of your comment. Any may modify or withdraw its consent to
1301 Constitution Ave. NW., identifying or contact information the proposed settlement if comments
Washington, DC. The EPA Docket provided in the body of a comment will received disclose facts or considerations
Center Public Reading Room is open be included as part of the comment that which indicate that the proposed
from 8:30 a.m. to 4:30 p.m., Monday is placed in the official public docket, settlement is inappropriate, improper,
through Friday, excluding legal and made available in EPA’s electronic or inadequate.
holidays. The telephone number for the public docket. If EPA cannot read your ADDRESSES: Copies of the settlement are
Public Reading Room is (202) 566–1744, comment due to technical difficulties available from the Agency by contacting
and the telephone number for the OEI and cannot contact you for clarification, Ms. Paula V. Painter, Program Analyst,
Docket is (202) 566–1752. EPA may not be able to consider your using the contact information provided
An electronic version of the public comment. in this notice. Comments may also be
docket is available through Use of the www.regulations.gov Web
submitted by referencing the Site’s
www.regulations.gov. You may use site to submit comments to EPA
name through one of the following
www.regulations.gov to submit or view electronically is EPA’s preferred method
methods:
public comments, access the index for receiving comments. The electronic Internet: https://www.epa.gov/
listing of the contents of the official public docket system is an ‘‘anonymous aboutepa/about-epa-region-4-
public docket, and access those access’’ system, which means EPA will southeast#r4-public-notices.
documents in the public docket that are not know your identity, email address, • U.S. Mail: U.S. Environmental
available electronically. Once in the or other contact information unless you Protection Agency, Superfund Division,
system, key in the appropriate docket provide it in the body of your comment. Attn: Paula V. Painter, 61 Forsyth Street
identification number then select In contrast to EPA’s electronic public SW., Atlanta, Georgia 30303.
‘‘search’’. docket, EPA’s electronic mail (email) • Email: Painter.Paula@epa.gov.
It is important to note that EPA’s system is not an ‘‘anonymous access’’
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
policy is that public comments, whether system. If you send an email comment Paula V. Painter at 404/562–8887.
submitted electronically or in paper, directly to the Docket without going
will be made available for public through www.regulations.gov, your Dated: October 26, 2016.
viewing online at www.regulations.gov email address is automatically captured Greg Armstrong,
without change, unless the comment and included as part of the comment Acting Chief, Enforcement and Community
contains copyrighted material, CBI, or that is placed in the official public Engagement Branch, Superfund Division.
other information whose disclosure is docket, and made available in EPA’s [FR Doc. 2016–27979 Filed 11–18–16; 8:45 am]
restricted by statute. Information electronic public docket. BILLING CODE 6560–50–P
VerDate Sep<11>2014 18:09 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00041 Fmt 4703 Sfmt 9990 E:\FR\FM\21NON1.SGM 21NON1](https://thefederalregister.org/doc/81_FR_83459/page/2.svg)
Document Created: 2018-02-14 08:34:12
Document Modified: 2018-02-14 08:34:12
| 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 December 21, 2016. | |
| Contact | Alexander Bond, 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 83235 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR