81 FR 91931 - Proposed Settlement Agreement, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 243 (December 19, 2016)
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91931-91932 | |
| FR Document | 2016-30058 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Notices] [Pages 91931-91932] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30058] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0642; FRL 9956-69-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''), notice is hereby given of a proposed settlement agreement to settle a lawsuit filed by American Chemistry Council (``Petitioner''), in the United States Court of Appeals for the D.C. Circuit: American Chemistry Council v. EPA (Case Number 15-1146). On May 18, 2015, Petitioner and Eastman Chemical Company (``Eastman'') filed petitions for review of an EPA rule titled ``National Emission Standards for Hazardous Air Pollutants for Major Sources: Off-Site Waste Recovery Operations,'' published in the Federal Register on March 18, 2015 (the ``Final Rule''). The proposed settlement agreement would establish deadlines for EPA to take specified actions. DATES: Written comments on the proposed settlement agreement must be received by January 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0642, 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: Emily Seidman, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-0906; fax number (202) 564-5603; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement Agreement On May 18, 2015, Petitioner and Eastman filed petitions for review of an EPA rule titled ``National Emission Standards for Hazardous Air Pollutants for Major Sources: Off-Site Waste Recovery Operations,'' published at 80 FR 14,248 (March 18, 2015) (the ``Final Rule''). In addition, Petitioner and Eastman submitted to the EPA a Petition for Reconsideration of the Final Rule of two issues: (1) equipment leak detection provisions for connectors; and (2) monitoring requirements for pressure relief devices (``PRD'') on portable containers. The EPA granted the request for reconsideration of the Final Rule on the issue of PRD monitoring requirements for portable containers but denied the request for reconsideration of the equipment leak detection provisions for connectors. The EPA provided public notice of this denial through a Federal Register notice published on May 16, 2016 at 81 FR 30,182. On September 26, 2016, Eastman filed an unopposed motion for voluntary dismissal which the court granted. The proposed settlement agreement would settle Petitioner's lawsuit. Under the terms of the proposed settlement agreement, the EPA will reconsider the Final Rule's provisions relating to PRDs and take an initial action no later than July 20, 2017 and a final action no later than January 18, 2018, as long as Petitioner provides the EPA with the requested data on PRDs identified in Appendix A of the settlement agreement by no later than October 28, 2016, or a later date, as provided for in the settlement agreement. Please review the settlement agreement for additional details, available in the public docket at EPA-HQ-OGC-2016-0642. For a period of 30 days following the date of publication of this notice, the Agency will receive written comments relating to the proposed settlement agreement 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 [[Page 91932]] settlement agreement 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 agreement should be withdrawn or withheld, the terms of the agreement will be affirmed. II. Additional Information About Commenting on the Proposed Settlement Agreement A. How can I get a copy of the proposed settlement agreement? The official public docket for this action under Docket ID No. EPA- HQ-OGC-2016- 0642 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 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 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: December 7, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016-30058 Filed 12-16-16; 8:45 am] BILLING CODE 6560-50-P
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V. Use of the Values as Swimming ENVIRONMENTAL PROTECTION making effective comments, please visit
Advisories AGENCY http://www2.epa.gov/dockets/
commenting-epa-dockets.
EPA is also publishing these values [EPA–HQ–OGC–2016–0642; FRL 9956–69–
OGC] FOR FURTHER INFORMATION CONTACT:
for consideration by States and Emily Seidman, Air and Radiation Law
authorized Tribes for use as swimming Proposed Settlement Agreement, Office (2344A), Office of General
advisories for notification purposes in Clean Air Act Citizen Suit Counsel, U.S. Environmental Protection
recreational waters to protect the public. Agency, 1200 Pennsylvania Ave. NW.,
States and authorized Tribes could AGENCY: Environmental Protection Washington, DC 20460; telephone: (202)
consider using the values as swimming Agency (EPA). 564–0906; fax number (202) 564–5603;
advisories in making decisions whether ACTION: Notice of proposed settlement email address: seidman.emily@epa.gov.
to close, open, warn about concerns in agreement; request for public comment. SUPPLEMENTARY INFORMATION:
recreational waters in a manner
consistent or similar to their current SUMMARY: In accordance with section I. Additional Information About the
recreational water advisory programs. 113(g) of the Clean Air Act, as amended Proposed Settlement Agreement
The values in this 304(a) recommended (‘‘CAA’’), notice is hereby given of a On May 18, 2015, Petitioner and
proposed settlement agreement to settle Eastman filed petitions for review of an
criteria, even if used as swimming
a lawsuit filed by American Chemistry EPA rule titled ‘‘National Emission
advisories, are not regulations, and thus,
Council (‘‘Petitioner’’), in the United Standards for Hazardous Air Pollutants
do not constitute legally binding States Court of Appeals for the D.C.
requirements. for Major Sources: Off-Site Waste
Circuit: American Chemistry Council v. Recovery Operations,’’ published at 80
VI. Solicitation of Scientific Views EPA (Case Number 15–1146). On May FR 14,248 (March 18, 2015) (the ‘‘Final
18, 2015, Petitioner and Eastman Rule’’). In addition, Petitioner and
EPA is soliciting additional scientific Chemical Company (‘‘Eastman’’) filed Eastman submitted to the EPA a Petition
views, data, and information regarding petitions for review of an EPA rule titled for Reconsideration of the Final Rule of
the science and technical approach used ‘‘National Emission Standards for two issues: (1) equipment leak detection
in the derivation of the draft Human Hazardous Air Pollutants for Major provisions for connectors; and (2)
Health Recreational Ambient Water Sources: Off-Site Waste Recovery monitoring requirements for pressure
Quality Criteria and/or Swimming Operations,’’ published in the Federal relief devices (‘‘PRD’’) on portable
Advisories for Microcystins and Register on March 18, 2015 (the ‘‘Final containers. The EPA granted the request
Cylindrospermopsin document. EPA is Rule’’). The proposed settlement for reconsideration of the Final Rule on
proposing that these recommended agreement would establish deadlines for the issue of PRD monitoring
criteria, if adopted by States or EPA to take specified actions. requirements for portable containers but
authorized Tribes as CWA section DATES: Written comments on the denied the request for reconsideration of
303(c) WQS, be used for CWA section proposed settlement agreement must be the equipment leak detection provisions
303(d) assessment and listing purposes received by January 18, 2017. for connectors. The EPA provided
where the magnitude is not exceeded for ADDRESSES: Submit your comments, public notice of this denial through a
more than 10 percent of days during a identified by Docket ID number EPA– Federal Register notice published on
recreational season up to one calendar HQ–OGC–2016–0642, online at May 16, 2016 at 81 FR 30,182. On
year as an indicator of long-term www.regulations.gov. For comments September 26, 2016, Eastman filed an
impairment from multiple short-term submitted at www.regulations.gov, unopposed motion for voluntary
blooms. EPA is soliciting public follow the online instructions for dismissal which the court granted.
comment on this 10 percent exceedance submitting comments. Once submitted, The proposed settlement agreement
frequency as well as alternative comments cannot be edited or removed would settle Petitioner’s lawsuit. Under
exceedance frequencies. For swimming from www.regulations.gov. The EPA the terms of the proposed settlement
advisories, EPA is proposing that these may publish any comment received to agreement, the EPA will reconsider the
recommended values could be used to its public docket. Do not submit Final Rule’s provisions relating to PRDs
electronically any information you and take an initial action no later than
trigger public notification whenever
consider to be Confidential Business July 20, 2017 and a final action no later
values are exceeded for one day. EPA is
Information (‘‘CBI’’) or other than January 18, 2018, as long as
soliciting public comment on this information whose disclosure is Petitioner provides the EPA with the
recommended single day exceedance as restricted by statute. Multimedia requested data on PRDs identified in
well as alternative exceedance submissions (audio, video, etc.) must be Appendix A of the settlement agreement
frequencies. accompanied by a written comment. by no later than October 28, 2016, or a
Dated: December 9, 2016. The written comment is considered the later date, as provided for in the
Joel Beauvais, official comment and should include settlement agreement. Please review the
Deputy Assistant Administrator, Office of
discussion of all points you wish to settlement agreement for additional
Water. make. The EPA will generally not details, available in the public docket at
[FR Doc. 2016–30464 Filed 12–16–16; 8:45 am]
consider comments or comment EPA–HQ–OGC–2016–0642.
contents located outside of the primary For a period of 30 days following the
BILLING CODE 6560–50–P
submission (i.e. on the web, cloud, or date of publication of this notice, the
sradovich on DSK3GMQ082PROD with NOTICES
other file sharing system). For Agency will receive written comments
additional submission methods, please relating to the proposed settlement
contact the person identified in the FOR agreement from persons who were not
FURTHER INFORMATION CONTACT section. named as parties or intervenors to the
For the full EPA public comment policy, litigation in question. EPA or the
information about CBI or multimedia Department of Justice may withdraw or
submissions, and general guidance on withhold consent to the proposed
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![91932 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices
settlement agreement if the comments materials through the EPA Docket FEDERAL COMMUNICATIONS
disclose facts or considerations that Center. COMMISSION
indicate that such consent is
inappropriate, improper, inadequate, or B. How and to whom do I submit [DA 16–1321]
inconsistent with the requirements of comments?
Order Declares Redes Modernas de la
the Act. Unless EPA or the Department You may submit comments as Frontera SA de CV Section 214
of Justice determines that consent to the provided in the ADDRESSES section. Authorization Terminated
agreement should be withdrawn or
Please ensure that your comments are AGENCY: Federal Communications
withheld, the terms of the agreement
submitted within the specified comment Commission.
will be affirmed.
period. Comments received after the
ACTION: Notice.
II. Additional Information About close of the comment period will be
Commenting on the Proposed marked ‘‘late.’’ EPA is not required to SUMMARY: In this document, the
Settlement Agreement consider these late comments. International Bureau of the Federal
A. How can I get a copy of the proposed If you submit an electronic comment, Communications Commission
settlement agreement? EPA recommends that you include your (Commission) declares the international
name, mailing address, and an email section 214 authorization granted to
The official public docket for this Redes Modernas de la Frontera SA de
action under Docket ID No. EPA–HQ– address or other contact information in
the body of your comment and with any CV (Redes) terminated given Redes’
OGC–2016- 0642 contains a copy of the inability to comply with an express
proposed settlement agreement. The disk or CD ROM you submit. This
ensures that you can be identified as the condition for holding the authorization.
official public docket is available for It also concludes that Redes failed to
public viewing at the Office of submitter of the comment and allows
comply with those requirements of the
Environmental Information (OEI) Docket EPA to contact you in case EPA cannot
Communications Act of 1934, as
in the EPA Docket Center, EPA West, read your comment due to technical amended (the Act) and the
Room 3334, 1301 Constitution Ave. difficulties or needs further information Commission’s rules that ensure that the
NW., Washington, DC. The EPA Docket on the substance of your comment. Any Commission can contact and
Center Public Reading Room is open identifying or contact information communicate with the authorization
from 8:30 a.m. to 4:30 p.m., Monday provided in the body of a comment will holder and verify Redes is still
through Friday, excluding legal be included as part of the comment that providing service, which failures have
holidays. The telephone number for the is placed in the official public docket, prevented any way of addressing Redes’
Public Reading Room is (202) 566–1744, and made available in EPA’s electronic inability to comply with the condition
and the telephone number for the OEI public docket. If EPA cannot read your of its authorization.
Docket is (202) 566–1752. comment due to technical difficulties
An electronic version of the public FOR FURTHER INFORMATION CONTACT:
and cannot contact you for clarification, Veronica Garcia-Ulloa,
docket is available through
EPA may not be able to consider your Telecommunications and Analysis
www.regulations.gov. You may use the
www.regulations.gov to submit or view comment. Division, International Bureau at (202)
public comments, access the index Use of the www.regulations.gov Web 418–0481 or Veronica.Garcia-
listing of the contents of the official site to submit comments to EPA Ulloa@fcc.gov.
public docket, and to access those electronically is EPA’s preferred method SUPPLEMENTARY INFORMATION: This is a
documents in the public docket that are for receiving comments. The electronic summary of the Commission’s Order,
available electronically. Once in the public docket system is an ‘‘anonymous DA 16–1321, adopted and released
system, key in the appropriate docket access’’ system, which means EPA will November 30, 2016.
identification number then select not know your identity, email address,
‘‘search’’. Background
or other contact information unless you
It is important to note that EPA’s provide it in the body of your comment. Section 214(a) of the Act prohibits
policy is that public comments, whether In contrast to EPA’s electronic public any carrier from constructing,
submitted electronically or in paper, docket, EPA’s electronic mail (email) extending, acquiring, or operating any
will be made available for public system is not an ‘‘anonymous access’’ line, and from engaging in transmission
viewing online at www.regulations.gov system. If you send an email comment through any such line, without first
without change, unless the comment obtaining a certificate of authorization
directly to the Docket without going
contains copyrighted material, CBI, or from the Commission. Under section
through www.regulations.gov, your
other information whose disclosure is 214(c) of the Act, the Commission ‘‘may
email address is automatically captured
restricted by statute. Information attach to the issuance of the certificate
claimed as CBI and other information and included as part of the comment such terms and conditions as in its
whose disclosure is restricted by statute that is placed in the official public judgment the public convenience and
is not included in the official public docket, and made available in EPA’s necessity may require.’’ On July 27,
docket or in the electronic public electronic public docket. 2007, the International Bureau granted
docket. EPA’s policy is that copyrighted Dated: December 7, 2016. Redes an international section 214
material, including copyrighted material Lorie J. Schmidt, authorization to provide international
contained in a public comment, will not global or limited global facilities-based
sradovich on DSK3GMQ082PROD with NOTICES
Associate General Counsel.
be placed in EPA’s electronic public authority, and global or limited global
[FR Doc. 2016–30058 Filed 12–16–16; 8:45 am]
docket but will be available only in resale authority, in accordance with
printed, paper form in the official public BILLING CODE 6560–50–P section 63.18(e)(1) and 63.18(e)(2) of the
docket. Although not all docket Commission’s rules. The International
materials may be available Bureau granted the application on the
electronically, you may still access any express condition that Redes abide by
of the publicly available docket the commitments and undertakings
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Document Created: 2016-12-17 03:15:47
Document Modified: 2016-12-17 03:15:47
| 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 January 18, 2017. | |
| Contact | Emily Seidman, 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 91931 |
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