82 FR 1732 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 4 (January 6, 2017)
Federal Register Volume 82, Issue 4 (January 6, 2017)
| Page Range | 1732-1733 | |
| FR Document | 2017-00056 |
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)] [Notices] [Pages 1732-1733] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00056] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0778; FRL-9957-94-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 in Sierra Club v. McCarthy, Civil Action No. 1:16-cv- 01831-EGS (D. DC). On September 15, 2016, the Sierra Club filed a complaint in the United States District Court for the District of Columbia, 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 Sierra Club on May 3, 2016 requesting that EPA object to a CAA Title V permit issued by the Pennsylvania Department of Environmental Protection (``PDEP'') for the Scrubgrass Generating Co., L.P. power plant (``Scrubgrass Plant''), located in Venango County, Pennsylvania. 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 February 6, 2017. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0778, 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: Charles Starrs, Air and Radiation Law Office (2322A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-1996; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree The proposed consent decree would resolve a lawsuit filed by Sierra Club 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 Sierra Club regarding the Scrubgrass Plant, pursuant to section 505(b)(2) of the CAA, on or before May 12, 2017. 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. 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 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-2016-0778) 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 [[Page 1733]] 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 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 23, 2016. Gautam Srinivasan, Acting Associate General Counsel. [FR Doc. 2017-00056 Filed 1-5-17; 8:45 am] BILLING CODE 6560-50-P
![1732 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices
the address listed in the ADDRESSES the Scrubgrass Generating Co., L.P. expeditiously deliver notice of EPA’s
section. power plant (‘‘Scrubgrass Plant’’), response to the Office of the Federal
The purpose of the additional scoping located in Venango County, Register for review and publication
meetings is to provide information Pennsylvania. The proposed consent following signature of such response. In
about the proposed Project, review decree would establish a deadline for addition, the proposed consent decree
Project maps, answer questions, and EPA to take such action. outlines the procedure for the Plaintiffs
take oral and written comments from DATES: Written comments on the to request costs of litigation, including
interested parties. All meeting locations proposed consent decree must be attorney fees. See the proposed consent
will be handicapped-accessible. Anyone received by February 6, 2017. decree for the specific details.
needing special accommodations should ADDRESSES: Submit your comments, For a period of thirty (30) days
contact Mr. Montaño to make identified by Docket ID number EPA– following the date of publication of this
arrangements. HQ–OGC–2016–0778, online at notice, the Agency will accept written
The public will have the opportunity www.regulations.gov. For comments comments relating to the proposed
to provide written comments at the submitted at www.regulations.gov, consent decree from persons who are
public scoping meetings. Written follow the online instructions for not named as parties or intervenors to
comments may also be sent to Mr. submitting comments. Once submitted, the litigation in question. EPA or the
Montaño by email or U.S. Postal Service comments cannot be edited or removed Department of Justice may withdraw or
mail. To help define the scope of the from www.regulations.gov. The EPA withhold consent to the proposed
EIS/EIR, comments should be received may publish any comment received to consent decree if the comments disclose
by WAPA no later than March 7, 2017. its public docket. Do not submit facts or considerations that indicate that
WAPA will consider any comments electronically any information you such consent is inappropriate,
received from April 18, 2016 and March consider to be Confidential Business improper, inadequate, or inconsistent
7, 2017 to be timely submitted. All Information (CBI) or other information with the requirements of the Act. Unless
comments received during the public whose disclosure is restricted by statute. EPA or the Department of Justice
scoping period will be considered when Multimedia submissions (audio, video, determines that consent to this consent
developing project alternatives and etc.) must be accompanied by a written decree should be withdrawn, the terms
establishing the scope of issues to be comment. The written comment is of the consent decree will be affirmed.
analyzed in the EIS/EIR. considered the official comment and II. Additional Information About
Dated: December 19, 2016. should include discussion of all points Commenting on the Proposed Consent
Mark A. Gabriel, you wish to make. The EPA generally Decree
Administrator. will not consider comments or comment
contents located outside of the primary A. How can I get a copy of the consent
[FR Doc. 2017–00053 Filed 1–5–17; 8:45 am]
submission (i.e. on the web, cloud, or decree?
BILLING CODE 6450–01–P
other file sharing system). For The official public docket for this
additional submission methods, please action (identified by Docket ID No.
ENVIRONMENTAL PROTECTION contact the person identified in the FOR EPA–HQ–OGC–2016–0778) contains a
FURTHER INFORMATION CONTACT section. copy of the proposed consent decree.
AGENCY
For the full EPA public comment policy, The official public docket is available
[EPA–HQ–OGC–2016–0778; FRL–9957–94– information about CBI or multimedia for public viewing at the Office of
OGC] submissions, and general guidance on Environmental Information (‘‘OEI’’)
making effective comments, please visit Docket in the EPA Docket Center, EPA
Proposed Consent Decree, Clean Air http://www2.epa.gov/dockets/ West, Room 3334, 1301 Constitution
Act Citizen Suit commenting-epa-dockets. Ave. NW., Washington, DC. The EPA
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Docket Center Public Reading Room is
Agency (EPA). Charles Starrs, Air and Radiation Law open from 8:30 a.m. to 4:30 p.m.,
ACTION: Notice of proposed consent Office (2322A), Office of General Monday through Friday, excluding legal
decree; request for public comment. Counsel, U.S. Environmental Protection holidays. The telephone number for the
Agency, 1200 Pennsylvania Ave. NW., Public Reading Room is (202) 566–1744,
SUMMARY: In accordance with section Washington, DC 20460; telephone: (202) and the telephone number for the OEI
113(g) of the Clean Air Act, as amended 564–1996; email address: Docket is (202) 566–1752.
(‘‘CAA’’ or the ‘‘Act’’), notice is hereby starrs.charles@epa.gov. An electronic version of the public
given of a proposed consent decree in SUPPLEMENTARY INFORMATION: docket is available through
Sierra Club v. McCarthy, Civil Action www.regulations.gov. You may use
No. 1:16–cv–01831–EGS (D. DC). On I. Additional Information About the www.regulations.gov to submit or view
September 15, 2016, the Sierra Club Proposed Consent Decree public comments, access the index
filed a complaint in the United States The proposed consent decree would listing of the contents of the official
District Court for the District of resolve a lawsuit filed by Sierra Club public docket, and access those
Columbia, alleging that Gina McCarthy, seeking to compel the Administrator to documents in the public docket that are
in her official capacity as Administrator take actions under CAA section available electronically. Once in the
of the United States Environmental 505(b)(2). Under the terms of the system, key in the appropriate docket
Protection Agency (‘‘EPA’’), failed to
sradovich on DSK3GMQ082PROD with NOTICES
proposed consent decree, EPA would identification number then select
perform a non-discretionary duty to agree to sign its response granting or ‘‘search.’’
grant or deny within 60 days a petition denying the petition filed by Sierra Club It is important to note that EPA’s
submitted by Sierra Club on May 3, regarding the Scrubgrass Plant, pursuant policy is that public comments, whether
2016 requesting that EPA object to a to section 505(b)(2) of the CAA, on or submitted electronically or in paper,
CAA Title V permit issued by the before May 12, 2017. will be made available for public
Pennsylvania Department of Under the terms of the proposed viewing online at www.regulations.gov
Environmental Protection (‘‘PDEP’’) for consent decree, EPA would without change, unless the comment
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![Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices 1733
contains copyrighted material, and included as part of the comment Ends: 04/06/2017, Contact: Kevin
Confidential Business Information that is placed in the official public Bowman 202–502–6287
(‘‘CBI’’), or other information whose docket, and made available in EPA’s EIS No. 20160326, Final, FERC, PA,
disclosure is restricted by statute. electronic public docket. Atlantic Sunrise Project, Review
Information claimed as CBI and other Dated: December 23, 2016. Period Ends: 02/06/2017, Contact:
information whose disclosure is Gautam Srinivasan,
Joanne Wachholder 202–502–8056
restricted by statute is not included in EIS No. 20160327, Final Supplement,
Acting Associate General Counsel.
the official public docket or in the USN, CA, Land Acquisition and
electronic public docket. EPA’s policy is [FR Doc. 2017–00056 Filed 1–5–17; 8:45 am]
Airspace Establishment to Support
that copyrighted material, including BILLING CODE 6560–50–P Large-Scale Marine Air Ground Task
copyrighted material contained in a Force Live-Fire Training Marine
public comment, will not be placed in Corps Combat Center Twentynine
EPA’s electronic public docket but will ENVIRONMENTAL PROTECTION
Palms, Review Period Ends: 02/06/
be available only in printed, paper form AGENCY
2017, Contact: Jesse Martinez 619–
in the official public docket. Although [ER–FRL–9031–2] 532–3844
not all docket materials may be EIS No. 20160328, Draft Supplement,
available electronically, you may still Environmental Impact Statements; USACE, LA, Mississippi River, Baton
access any of the publicly available Notice of Availability Rouge to the Gulf of Mexico
docket materials through the EPA Mississippi River-Gulf Outlet,
Docket Center. Responsible Agency: Office of Federal Louisiana, New Industrial Canal Lock
Activities, General Information (202) and Connecting Channels Project,
B. How and to whom do I submit 564–7146 or http://www.epa.gov/nepa.
comments? Comment Period Ends: 02/20/2017,
Weekly receipt of Environmental Impact Contact: Mark Lahare 504–862–1344
You may submit comments as Statements (EISs)
provided in the ADDRESSES section. Dated: January 3, 2017.
Filed 12/26/2016 Through 12/30/2016
Please ensure that your comments are Pursuant to 40 CFR 1506.9. Dawn Roberts,
submitted within the specified comment Notice: Section 309(a) of the Clean Air
Management Analyst, NEPA Compliance
period. Comments received after the Division, Office of Federal Activities.
Act requires that EPA make public its
close of the comment period will be comments on EISs issued by other
[FR Doc. 2017–00055 Filed 1–5–17; 8:45 am]
marked ‘‘late.’’ EPA is not required to BILLING CODE 6560–50–P
Federal agencies. EPA’s comment letters
consider these late comments.
on EISs are available at: http://
If you submit an electronic comment,
EPA recommends that you include your www.epa.gov/compliance/nepa/ ENVIRONMENTAL PROTECTION
name, mailing address, and an email eisdata.html. AGENCY
address or other contact information in EIS No. 20160319, Draft, BLM, CA,
Central Coast Field Office Draft [EPA–HQ–OAR–2016–0751; FRL–9958–02–
the body of your comment and with any
Resource Management Plan OAR]
disk or CD ROM you submit. This
ensures that you can be identified as the Amendment for the Oil and Gas
Notice of Availability of the
submitter of the comment and allows Leasing and Development, Comment
Environmental Protection Agency’s
EPA to contact you in case EPA cannot Period Ends: 02/21/2017, Contact:
Preliminary Interstate Ozone Transport
read your comment due to technical Melinda Moffitt 916–978–4376
Modeling Data for the 2015 Ozone
difficulties or needs further information EIS No. 20160320, Final, USFS, OR,
National Ambient Air Quality Standard
on the substance of your comment. Any Magone Project, Review Period Ends:
(NAAQS)
identifying or contact information 02/13/2017, Contact: Sasha Fertig
provided in the body of a comment will 541–575–3061 AGENCY: Environmental Protection
be included as part of the comment that EIS No. 20160321, Draft Supplement, Agency (EPA).
is placed in the official public docket, FTA, CA, BART Silicon Valley Phase ACTION: Notice of data availability
and made available in EPA’s electronic II Extension Project, Comment Period (NODA); request for public comment.
public docket. If EPA cannot read your Ends: 02/20/2017, Contact: Mary
comment due to technical difficulties Nguyen 213–202–3960 SUMMARY: The Environmental Protection
and cannot contact you for clarification, EIS No. 20160322, Final, FRA, AZ, Agency (EPA) is providing notice that
EPA may not be able to consider your Arizona Passenger Rail Corridor: preliminary interstate ozone transport
comment. Tucson to Phoenix, Review Period modeling data and associated methods
Use of the www.regulations.gov Web Ends: 03/10/2017, Contact: Andrea relative to the 2015 ozone National
site to submit comments to EPA Martin 202–493–6201 Ambient Air Quality Standard (NAAQS)
electronically is EPA’s preferred method EIS No. 20160323, Draft, NOAA, WI, are available for public review and
for receiving comments. The electronic Wisconsin—Lake Michigan National comment. This information is being
public docket system is an ‘‘anonymous Marine Sanctuary, Comment Period provided to help states develop State
access’’ system, which means EPA will Ends: 03/31/2017, Contact: Russ Implementation Plans (SIPs) to address
not know your identity, email address, Green 920–459–4425 the requirements of Clean Air Act (CAA)
or other contact information unless you EIS No. 20160324, Draft, NOAA, MD, section 110(a)(2)(D)(i)(I) for the 2015
provide it in the body of your comment. Mallows Bay—Potomac River ozone NAAQS. The information
sradovich on DSK3GMQ082PROD with NOTICES
In contrast to EPA’s electronic public National Marine Sanctuary available includes: (1) Emission
docket, EPA’s electronic mail (email) Designation, Comment Period Ends: inventories for 2011 and 2023,
system is not an ‘‘anonymous access’’ 03/31/2017, Contact: Paul Orlando supporting data used to develop those
system. If you send an email comment 240–460–1978 emission inventories, methods and data
directly to the Docket without going EIS No. 20160325, Draft, FERC, VA, used to process emission inventories
through www.regulations.gov, your Atlantic Coast Pipeline and Supply into a form that can be used for air
email address is automatically captured Header Project, Comment Period quality modeling; and (2) air quality
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Document Created: 2017-01-06 01:30:23
Document Modified: 2017-01-06 01:30:23
| 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 February 6, 2017. | |
| Contact | Charles Starrs, Air and Radiation Law Office (2322A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; | |
| FR Citation | 82 FR 1732 |
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