81 FR 9849 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 38 (February 26, 2016)

Page Range		9849-9850
FR Document		2016-03753

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 Preserve Pepe`ekeo Health and Environment (``PPHE'') in the United States District Court for the District of Hawai'i: PPHE v. McCarthy, Civil Action No. 1:15-cv-00412- ACK-BMK (D. Haw.). On October 10, 2015, Plaintiff filed a complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform a non-discretionary duty to grant or deny within 60 days a petition submitted by PPHE on September 13, 2014 requesting that EPA object to a CAA Title V permit issued by the Environmental Management Division of the Clean Air Branch, Hawaii Department of Health, to Hu Honua Bioenergy, LLC, authorizing the operation of the Hu Honua Bioenergy Facility located in Pepe`ekeo, Hawaii. The proposed consent decree would establish a deadline for EPA to take such action.

Federal Register, Volume 81 Issue 38 (Friday, February 26, 2016)

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9849-9850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03753]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9942-74-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'' or the ``Act''), notice is hereby given of a proposed 
consent decree to address a lawsuit filed by Preserve Pepe`ekeo Health 
and Environment (``PPHE'') in the United States District Court for the 
District of Hawai'i: PPHE v. McCarthy, Civil Action No. 1:15-cv-00412-
ACK-BMK (D. Haw.). On October 10, 2015, Plaintiff filed a complaint 
alleging that Gina McCarthy, in her official capacity as Administrator 
of the United States Environmental Protection Agency (``EPA''), failed 
to perform a non-discretionary duty to grant or deny within 60 days a 
petition submitted by PPHE on September 13, 2014 requesting that EPA 
object to a CAA Title V permit issued by the Environmental Management 
Division of the Clean Air Branch, Hawaii Department of Health, to Hu 
Honua Bioenergy, LLC, authorizing the operation of the Hu Honua 
Bioenergy Facility located in Pepe`ekeo, Hawaii. The proposed consent 
decree would establish a deadline for EPA to take such action.

DATES: Written comments on the proposed consent decree must be received 
by March 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0055, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Anthony Moffa, Air and Radiation Law 
Office (2322A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-1087; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by PPHE 
seeking to compel the Administrator to take actions under CAA section 
505(b)(2). Under the terms of the proposed consent decree, EPA would 
agree to sign its response granting or denying the petition filed by 
PPHE regarding the Hu Honua Bioenergy Facility located in Pepe`ekeo, 
Hawaii, pursuant to section 505(b)(2) of the CAA, on or before 
September 16, 2016.
    Under the terms of the proposed consent decree, EPA would 
expeditiously deliver notice of EPA's response to the Office of the 
Federal Register for review and publication following signature of such 
response. In addition, the proposed consent decree outlines the 
procedure for the Plaintiffs 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 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 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 consent decree?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2016-0055) 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, Confidential Business 
Information (``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

[[Page 9850]]

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: February 5, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-03753 Filed 2-25-16; 8:45 am]
BILLING CODE 6560-50-P

9850 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices

disk or CD ROM you submit. This Whether the proposed collection of 205, 215, 218, 219, 220, 226 and 276 of
ensures that you can be identified as the information is necessary for the proper the Communications Act of 1934, as
submitter of the comment and allows performance of the functions of the amended.
EPA to contact you in case EPA cannot Commission, including whether the Total Annual Burden: 5,600 hours.
read your comment due to technical information shall have practical utility;
difficulties or needs further information the accuracy of the Commission’s Total Annual Cost: No cost.
on the substance of your comment. Any burden estimate; ways to enhance the Privacy Impact Assessment: No
identifying or contact information quality, utility, and clarity of the impact(s).
provided in the body of a comment will information collected; ways to minimize Nature and Extent of Confidentiality:
be included as part of the comment that the burden of the collection of The Commission is not requesting
is placed in the official public docket, information on the respondents,
respondents to submit confidential
and made available in EPA’s electronic including the use of automated
information to the Commission. If the
public docket. If EPA cannot read your collection techniques or other forms of
comment due to technical difficulties information technology; and ways to respondents wish confidential treatment
and cannot contact you for clarification, further reduce the information of their information, they may request
EPA may not be able to consider your collection burden on small business confidential treatment under 47 CFR
comment. concerns with fewer than 25 employees. 0.459 of the Commission’s rules.
Use of the www.regulations.gov Web The FCC may not conduct or sponsor a Needs and Uses: The Commission
site to submit comments to EPA collection of information unless it adopted rules and policies governing
electronically is EPA’s preferred method displays a currently valid control the payphone industry under section
for receiving comments. The electronic number. No person shall be subject to 276(b)(1)(A) of the Telecommunications
public docket system is an ‘‘anonymous any penalty for failing to comply with Act of 1996 (the Act) and established ‘‘a
access’’ system, which means EPA will a collection of information subject to the per call compensation plan to ensure
not know your identity, email address, PRA that does not display a valid Office that all payphone service providers are
or other contact information unless you of Management and Budget (OMB) fairly compensated for each and every
provide it in the body of your comment. control number. completed intrastate and interstate
In contrast to EPA’s electronic public DATES: Written PRA comments should call.’’ Pursuant to this mandate, and as
docket, EPA’s electronic mail (email) be submitted on or before April 26, required by section 64.1310(d) of the
system is not an ‘‘anonymous access’’ 2016. If you anticipate that you will be Commission’s rules, Local Exchange
system. If you send an email comment submitting comments, but find it
directly to the Docket without going Carriers (LECs) must provide to carriers
difficult to do so within the period of required to pay compensation pursuant
through www.regulations.gov, your time allowed by this notice, you should
email address is automatically captured to section 64.1300(a), a quarterly report
advise the contact listed below as soon
and included as part of the comment listing payphone ANIs. Without
as possible.
that is placed in the official public provision of this report, resolution of
ADDRESSES: Direct all PRA comments to
docket, and made available in EPA’s disputed ANIs would be rendered very
Nicole Ongele, FCC, via email PRA@ difficult. Carriers would not be able to
electronic public docket. fcc.gov and to Nicole.Ongele@fcc.gov.
Dated: February 5, 2016.
discern which ANIs pertain to
FOR FURTHER INFORMATION CONTACT: For payphones and therefore would not be
Lorie J. Schmidt, additional information about the able to ascertain which dial-around calls
Associate General Counsel. information collection, contact Nicole were originated by payphones for
[FR Doc. 2016–03753 Filed 2–25–16; 8:45 am] Ongele at (202) 418–2991.
compensation purposes. There would be
BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION:
no way to guard against possible fraud.
OMB Control Number: 3060–0719.
Without this collection, lengthy
Title: Quarterly Report of Local
Exchange Carriers Listing Payphone investigations would be necessary to
FEDERAL COMMUNICATIONS verify claims. The report allows carriers
COMMISSION Automatic Number Identifications
(ANIs). to determine which dial-around calls
[OMB 3060–0719] Form Number: N/A. are made from payphones. The
Type of Review: Extension of a information must be provided to third
Information Collection Being Reviewed parties. The requirement would be used
currently approved collection.
by the Federal Communications to ensure that LECs and the carriers
Respondents: Business or other for-
Commission required to pay compensation pursuant
profit entities.
AGENCY: Federal Communications Number of Respondents and to 47 CFR 64.1300(a) of the
Commission. Responses: 400 respondents; 1,600 Commission’s rules comply with their
ACTION: Notice and request for responses. obligations under the
comments. Estimated Time per Response: 3.5 Telecommunications Act of 1996.
hours (8 hours for the initial
SUMMARY: As part of its continuing effort Federal Communications Commission.
submission; 2 hours per subsequent
to reduce paperwork burdens, and as submission—for an average of 3.5 hours Gloria J. Miles,
required by the Paperwork Reduction per response). Federal Register Liaison Officer, Office of the
mstockstill on DSK4VPTVN1PROD with NOTICES

Act (PRA) of 1995 (44 U.S.C. 3501– Frequency of Response: Quarterly Secretary.
3520), the Federal Communications reporting requirement, recordkeeping [FR Doc. 2016–04129 Filed 2–25–16; 8:45 am]
Commission (FCC or the Commission) requirement and third party disclosure BILLING CODE 6712–01–P
invites the general public and other requirement.
Federal agencies to take this Obligation to Respond: Required to
opportunity to comment on the obtain or retain benefits. Statutory
following information collection. authority for this information collection
Comments are requested concerning: is contained in 47 U.S.C. 151, 154, 201–

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Document Created: 2018-02-02 14:36:52
Document Modified: 2018-02-02 14:36:52

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 March 28, 2016.
Contact		Anthony Moffa, Air and Radiation Law Office (2322A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
FR Citation		81 FR 9849