81 FR 89094 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 237 (December 9, 2016)
Federal Register Volume 81, Issue 237 (December 9, 2016)
| Page Range | 89094-89095 | |
| FR Document | 2016-29581 |
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)] [Notices] [Pages 89094-89095] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29581] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0693; FRL-9956-37-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 Center for Biological Diversity, Center for Environmental Health, and Clean Air Council (collectively ``Plaintiffs'') in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. McCarthy, et al. No. 4:16-cv-04092-PJH (N.D. Cal.). On July 21, 2016, Plaintiffs filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA'') failed to perform certain duties mandated by the CAA in relation to implementation of the 1997 and 2008 National Ambient Air Quality Standard (``NAAQS'') for ozone, respectively. Specifically, Plaintiffs allege that EPA failed to make required findings of failure to submit, and to take final action on State Implementation Plan (``SIP'') submittals. On November 14, 2016, Plaintiffs filed a first amended complaint. The proposed consent decree would establish deadlines for EPA to take certain specified actions related to implementation of the 1997 and 2008 ozone standards, respectively. DATES: Written comments on the proposed consent decree must be received by January 9, 2017. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0693, 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: Derek Mills, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-3341; fax number: (202) 564-5603; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree This proposed consent decree would resolve a lawsuit filed by Plaintiffs seeking to compel the Administrator to take actions under CAA section 110(k). Under the terms of the proposed consent decree, EPA would agree to sign a notice addressing the alleged failure to issue a finding of failure to submit for certain 2008 ozone NAAQS nonattainment and OTR SIP submissions addressing elements from the areas and states listed in the proposed consent decree no later than January 19, 2017. If any State makes a listed SIP submittal, and EPA makes a completeness determination as to that submittal, prior to January 19, 2017, then EPA's obligation to address that submittal in the aforementioned notice is automatically terminated. EPA would also agree to take certain final actions to address certain submitted plans pursuant to sections 110(k)(2)-(4) of the CAA no later than the dates indicated in the proposed consent decree for the 1997 and 2008 ozone NAAQS, respectively. If any State withdraws a listed submittal, then EPA's obligation to address that submittal through the aforementioned action is automatically terminated. Please see the proposed consent decree, located in the docket for this notice, for specific dates and additional details. Under the terms of the proposed consent decree, EPA will send notice of each action to the Office of the Federal Register for review and publication within 15 days of signature. In addition, the proposed consent decree outlines the procedure for the Plaintiff to request 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 consent decree from persons who are not named as parties 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 [[Page 89095]] 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-2016-0693) 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 30, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016-29581 Filed 12-8-16; 8:45 am] BILLING CODE 6560-50-P
![89094 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
Committee for Responsible Medicine, (‘‘CAA’’ or the ‘‘Act’’), notice is hereby http://www2.epa.gov/dockets/
Washington DC. given of a proposed consent decree to commenting-epa-dockets.
23. Kristina Thayer, Ph.D., Deputy address a lawsuit filed by Center for FOR FURTHER INFORMATION CONTACT:
Division Director of Analysis and Biological Diversity, Center for Derek Mills, Air and Radiation Law
Director, Office of Health Assessment Environmental Health, and Clean Air Office (2344A), Office of General
and Translation, National Toxicology Council (collectively ‘‘Plaintiffs’’) in the Counsel, U.S. Environmental Protection
Program, National Institute of United States District Court for the Agency, 1200 Pennsylvania Ave. NW.,
Environmental Health Sciences, Northern District of California: Center Washington, DC 20460; telephone: (202)
Research Triangle Park, NC. for Biological Diversity, et al. v. 564–3341; fax number: (202) 564–5603;
24. Leonardo Trasande, MD, M.P.P. McCarthy, et al. No. 4:16–cv–04092–PJH email address: Mills.Derek@epa.gov.
Associate Professor in Pediatrics, (N.D. Cal.). On July 21, 2016, Plaintiffs SUPPLEMENTARY INFORMATION:
Environmental Medicine and filed a complaint alleging that Gina
Population Health, New York McCarthy, in her official capacity as I. Additional Information About the
University, School of Medicine, New Administrator of the United States Proposed Consent Decree
York, NY. Environmental Protection Agency This proposed consent decree would
25. Laura N. Vandenberg, Ph.D. (‘‘EPA’’) failed to perform certain duties resolve a lawsuit filed by Plaintiffs
Department of Environmental Health mandated by the CAA in relation to seeking to compel the Administrator to
Science, School of Public Health & implementation of the 1997 and 2008 take actions under CAA section 110(k).
Health Sciences, University of National Ambient Air Quality Standard Under the terms of the proposed
Massachusetts—Amherst, Amherst, MA. (‘‘NAAQS’’) for ozone, respectively. consent decree, EPA would agree to sign
26. Chris L. Waller, Ph.D., Executive Specifically, Plaintiffs allege that EPA a notice addressing the alleged failure to
Director & Head, Scientific Modeling failed to make required findings of issue a finding of failure to submit for
Platforms, Merck Research Laboratories, failure to submit, and to take final certain 2008 ozone NAAQS
Boston, MA. action on State Implementation Plan nonattainment and OTR SIP
27. Christine Whittaker, Ph.D., Chief, (‘‘SIP’’) submittals. On November 14, submissions addressing elements from
Risk Evaluation Branch, Education and 2016, Plaintiffs filed a first amended the areas and states listed in the
Information Division, National Institute complaint. The proposed consent decree proposed consent decree no later than
for Occupational Safety and Health, would establish deadlines for EPA to January 19, 2017. If any State makes a
Centers for Disease Control, Cincinnati, take certain specified actions related to listed SIP submittal, and EPA makes a
OH. implementation of the 1997 and 2008 completeness determination as to that
28. Catherine Willett, Ph.D., Director, ozone standards, respectively. submittal, prior to January 19, 2017,
Regulatory Toxicology, Risk Assessment then EPA’s obligation to address that
& Alternatives Coordinator, The DATES: Written comments on the
proposed consent decree must be submittal in the aforementioned notice
Humane Society of the United States, is automatically terminated. EPA would
Washington, DC. received by January 9, 2017.
also agree to take certain final actions to
29. Tracey Woodruff, Ph.D., M.P.H., ADDRESSES: Submit your comments, address certain submitted plans
Professor in Residence and Director, identified by Docket ID number EPA– pursuant to sections 110(k)(2)–(4) of the
Program on Reproductive Health and HQ–OGC–2016–0693, online at CAA no later than the dates indicated in
the Environment, Department of www.regulations.gov. For comments the proposed consent decree for the
Obstetrics, Gynecology, and submitted at www.regulations.gov, 1997 and 2008 ozone NAAQS,
Reproductive Sciences, University of follow the online instructions for respectively. If any State withdraws a
California, San Francisco, San submitting comments. Once submitted, listed submittal, then EPA’s obligation
Francisco, CA. comments cannot be edited or removed to address that submittal through the
Authority: 15 U.S.C. 2601 et seq.; 5 U.S.C. from www.regulations.gov. The EPA aforementioned action is automatically
Appendix 2 et seq. may publish any comment received to terminated. Please see the proposed
Dated: December 2, 2016. its public docket. Do not submit consent decree, located in the docket for
Stanley Barone, electronically any information you this notice, for specific dates and
Director, Office of Science Coordination and
consider to be Confidential Business additional details.
Policy. Information (‘‘CBI’’) or other Under the terms of the proposed
[FR Doc. 2016–29579 Filed 12–8–16; 8:45 am]
information whose disclosure is consent decree, EPA will send notice of
restricted by statute. Multimedia each action to the Office of the Federal
BILLING CODE 6560–50–P
submissions (audio, video, etc.) must be Register for review and publication
accompanied by a written comment. within 15 days of signature. In addition,
ENVIRONMENTAL PROTECTION The written comment is considered the the proposed consent decree outlines
AGENCY official comment and should include the procedure for the Plaintiff to request
discussion of all points you wish to costs of litigation, including attorney
[EPA–HQ–OGC–2016–0693; FRL–9956–37– make. The EPA generally will not fees.
OGC] consider comments or comment For a period of thirty (30) days
contents located outside of the primary following the date of publication of this
Proposed Consent Decree, Clean Air
submission (i.e. on the web, cloud, or notice, the Agency will accept written
Act Citizen Suit
other file sharing system). For comments relating to the proposed
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY: Environmental Protection additional submission methods, please consent decree from persons who are
Agency (EPA). contact the person identified in the FOR not named as parties to the litigation in
ACTION: Notice of proposed consent FURTHER INFORMATION CONTACT section. question. EPA or the Department of
decree; request for public comment. For the full EPA public comment policy, Justice may withdraw or withhold
information about CBI or multimedia consent to the proposed consent decree
SUMMARY: In accordance with section submissions, and general guidance on if the comments disclose facts or
113(g) of the Clean Air Act, as amended making effective comments, please visit considerations that indicate that such
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![Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices 89095
consent is inappropriate, improper, B. How and to whom do I submit ENVIRONMENTAL PROTECTION
inadequate, or inconsistent with the comments? AGENCY
requirements of the Act. Unless EPA or
You may submit comments as [ER–FRL–9030–6]
the Department of Justice determines
that consent to this proposed consent provided in the ADDRESSES section.
Environmental Impact Statements;
decree should be withdrawn, the terms Please ensure that your comments are
Notice of Availability
of the consent decree will be affirmed. submitted within the specified comment
period. Comments received after the Responsible Agency: Office of Federal
II. Additional Information About Activities, General Information (202)
close of the comment period will be
Commenting on the Proposed Consent 564–7146 or http://www.epa.gov/nepa.
marked ‘‘late.’’ EPA is not required to
Decree
consider these late comments. Weekly receipt of Environmental Impact
A. How can I get a copy of the proposed If you submit an electronic comment, Statements
consent decree? Filed 11/28/2016 Through 12/02/2016
EPA recommends that you include your Pursuant to 40 CFR 1506.9.
The official public docket for this name, mailing address, and an email
action (identified by EPA–HQ–OGC– address or other contact information in Notice
2016–0693) contains a copy of the the body of your comment and with any Section 309(a) of the Clean Air Act
proposed consent decree. The official disk or CD ROM you submit. This requires that EPA make public its
public docket is available for public ensures that you can be identified as the comments on EISs issued by other
viewing at the Office of Environmental submitter of the comment and allows Federal agencies. EPA’s comment letters
Information (‘‘OEI’’) Docket in the EPA EPA to contact you in case EPA cannot on EISs are available at: http://
Docket Center, EPA West, Room 3334, read your comment due to technical www.epa.gov/compliance/nepa/
1301 Constitution Ave. NW., difficulties or needs further information eisdata.html.
Washington, DC. The EPA Docket on the substance of your comment. Any EIS No. 20160285, Draft, USFWS, WA,
Center Public Reading Room is open identifying or contact information Long-term Conservation Strategy for
from 8:30 a.m. to 4:30 p.m., Monday provided in the body of a comment will the Marbled Murrelet, Comment
through Friday, excluding legal be included as part of the comment that Period Ends: 03/09/2017, Contact:
holidays. The telephone number for the is placed in the official public docket, Mark Ostwald 360–753–9564.
Public Reading Room is (202) 566–1744, and made available in EPA’s electronic EIS No. 20160286, Draft, USACE, NJ,
and the telephone number for the OEI public docket. If EPA cannot read your Rahway River Basin Flood Risk
Docket is (202) 566–1752. comment due to technical difficulties Management Plan, Comment Period
An electronic version of the public and cannot contact you for clarification, Ends: 01/23/2017, Contact: Kimberly
docket is available through Rightler 908–850–8113.
EPA may not be able to consider your EIS No. 20160287, Final, USFWS, WY,
www.regulations.gov. You may use comment.
www.regulations.gov to submit or view Eagle Take Permits for the
public comments, access the index Use of the www.regulations.gov Web Chokecherry and Sierra Madre Phase
listing of the contents of the official site to submit comments to EPA I Wind Energy Project, review period
public docket, and access those electronically is EPA’s preferred method ends: 01/09/2017, Contact: Louise
documents in the public docket that are for receiving comments. The electronic Galiher 303–236–8677.
available electronically. Once in the public docket system is an ‘‘anonymous EIS No. 20160288, Final, APHIS, NAT,
system, key in the appropriate docket access’’ system, which means EPA will Petition (15–300–01p) for
identification number then select not know your identity, email address, Determination of Nonregulated Status
‘‘search’’. or other contact information unless you for ASR368 Creeping Bentgrass,
provide it in the body of your comment. review period ends: 01/09/2017,
It is important to note that EPA’s Contact: Sidney W. Abel 301–851–
policy is that public comments, whether In contrast to EPA’s electronic public
docket, EPA’s electronic mail (email) 3896.
submitted electronically or in paper, EIS No. 20160289, Final, FERC, OH,
will be made available for public system is not an ‘‘anonymous access’’
Nexus Gas Transmission Project and
viewing online at www.regulations.gov system. If you send an email comment Texas Eastern Appalachian Lease
without change, unless the comment directly to the Docket without going Project, review period ends: 01/09/
contains copyrighted material, CBI, or through www.regulations.gov, your 2017, Contact: Joanne Wachholder
other information whose disclosure is email address is automatically captured 202–502–8056.
restricted by statute. Information and included as part of the comment EIS No. 20160290, Final, NPS, NC, Cape
claimed as CBI and other information that is placed in the official public Lookout National Seashore Off-Road
whose disclosure is restricted by statute docket, and made available in EPA’s Vehicle Management Plan, review
is not included in the official public electronic public docket. period ends: 01/09/2017, Contact:
docket or in the electronic public Michael B. Edwards 303–969–2694.
Dated: November 30, 2016.
docket. EPA’s policy is that copyrighted EIS No. 20160291, Final, USFWS, CA,
material, including copyrighted material Lorie J. Schmidt,
Lower Klamath, Clear Lake, Tule
contained in a public comment, will not Associate General Counsel. Lake, Upper Klamath, and Bear Valley
be placed in EPA’s electronic public [FR Doc. 2016–29581 Filed 12–8–16; 8:45 am] National Wildlife Refuges, Final
docket but will be available only in Comprehensive Conservation Plan,
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 6560–50–P
printed, paper form in the official public review period ends: 01/09/2017,
docket. Although not all docket Contact: Mark Pelz 916–414–6504.
materials may be available EIS No. 20160292, Final, NPS, CA,
electronically, you may still access any Golden Gate National Recreation Area
of the publicly available docket Dog Management Plan, review period
materials through the EPA Docket ends: 01/09/2017, Contact: Michael
Center. Edwards 303–969–2694.
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Document Created: 2018-02-14 09:03:49
Document Modified: 2018-02-14 09:03:49
| 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 January 9, 2017. | |
| Contact | Derek Mills, 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 89094 |
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