82 FR 4866 - Proposed Consent Decree, Clean Air Act Citizen Suit
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 10 (January 17, 2017)
Federal Register Volume 82, Issue 10 (January 17, 2017)
| Page Range | 4866-4867 | |
| FR Document | 2017-00942 |
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)] [Notices] [Pages 4866-4867] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00942] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2016-0719; FRL-9958-39-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 the Center for Biological Diversity and the Center for Environmental Health (collectively ``Plaintiffs'') in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. McCarthy, No. 3:16-cv-03796-VC (N.D. Cal.). On July 7, 2016, Plaintiffs filed a complaint in this lawsuit alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (``EPA''), failed to perform nondiscretionary duties under the CAA to complete periodic reviews of the air quality criteria and the primary National Ambient Air Quality Standards (``NAAQS'') for sulfur oxides (``SOX '') and the primary NAAQS for oxides of nitrogen (``NOX ''), to make such revisions to those air quality criteria and NAAQS as may be appropriate, and to promulgate such new NAAQS as may be appropriate. The proposed consent decree would establish deadlines for EPA to take certain, specified actions. DATES: Written comments on the proposed consent decree must be received by February 16, 2017. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2016-0719, online at www.regulations.gov. Once submitted, comments cannot be edited or removed from 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). If you would like to submit a comment using a different submission method, please contact the person listed 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: Melina Williams, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-3406; fax number: (202) 564-5603; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree Under section 109(d) of the CAA, EPA is required to periodically review air quality criteria and NAAQS and to make such revisions as may be appropriate. The proposed consent decree addresses a lawsuit filed by Plaintiffs alleging that EPA failed to timely complete certain periodic reviews for NOX and SOX by the deadline set forth in the CAA. The proposed consent decree would establish deadlines for EPA to take certain, specified actions in the periodic reviews, and if appropriate, revisions of the air quality criteria addressing human health effects of SOX , and the primary NAAQS for NOX and SOX . Under the terms of the proposed consent decree, EPA would: (1) Sign a notice setting forth its proposed decision concerning its review of the primary NAAQS for NOX no later than July 14, 2017; (2) sign a notice setting forth its final decision concerning its review of the primary NAAQS for NOX no later than April 6, 2018; (3) issue a final Integrated Science Assessment (a document containing air quality criteria) addressing human health effects of SOX no later than December 14, 2017; (4) sign a notice setting forth its proposed decision concerning its review of the primary NAAQS for SOX no later than May 25, 2018; and (5) sign a notice setting forth its final decision concerning its review of the primary NAAQS for SOX no later than January 28, 2019. See the proposed consent decree for additional 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 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 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 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 Docket ID No. [[Page 4867]] EPA-HQ-OGC-2016-0719) 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 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: January 6, 2017. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2017-00942 Filed 1-13-17; 8:45 am] BILLING CODE 6560-50-P
![4866 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
New Jersey DEP; North Dakota; Texas; Court for the Northern District of SUPPLEMENTARY INFORMATION:
West Virginia; Wisconsin; Wyoming; California: Center for Biological
I. Additional Information About the
UARG; and Westar Energy. Diversity, et al. v. McCarthy, No. 3:16–
Proposed Consent Decree
APA section 705 provides, ‘‘When an cv–03796–VC (N.D. Cal.). On July 7,
agency finds that justice so requires, it 2016, Plaintiffs filed a complaint in this Under section 109(d) of the CAA, EPA
may postpone the effective date of lawsuit alleging that Gina McCarthy, in is required to periodically review air
action taken by it, pending judicial her official capacity as Administrator of quality criteria and NAAQS and to make
review.’’ 5 U.S.C. 705. Under CAA the United States Environmental such revisions as may be appropriate.
section 307(d)(7)(B), the EPA may stay Protection Agency (‘‘EPA’’), failed to The proposed consent decree addresses
the effectiveness of a rule while it is perform nondiscretionary duties under a lawsuit filed by Plaintiffs alleging that
being reconsidered ‘‘for a period not to the CAA to complete periodic reviews EPA failed to timely complete certain
exceed three months.’’ of the air quality criteria and the periodic reviews for NOX and SOX by
The EPA received 22 petitions for an primary National Ambient Air Quality the deadline set forth in the CAA. The
administrative stay under APA section Standards (‘‘NAAQS’’) for sulfur oxides proposed consent decree would
705 and CAA section 307(d)(7)(B). (‘‘SOX’’) and the primary NAAQS for establish deadlines for EPA to take
The EPA received petitions from West oxides of nitrogen (‘‘NOX’’), to make certain, specified actions in the periodic
Virginia and a group of 15 other states; such revisions to those air quality reviews, and if appropriate, revisions of
Ameren; Basin; Business Associations; criteria and NAAQS as may be the air quality criteria addressing
Denbury; Kansas DHE; Mississippi DEQ; appropriate, and to promulgate such human health effects of SOX, and the
Mississippi PSC; Montana; NAFO; new NAAQS as may be appropriate. The primary NAAQS for NOX and SOX.
National Mining Association; Nebraska; proposed consent decree would Under the terms of the proposed
New Jersey DEP; North Dakota; establish deadlines for EPA to take consent decree, EPA would: (1) Sign a
NorthWestern Energy; Peabody Energy certain, specified actions. notice setting forth its proposed
Corporation; Prairie State; Texas; UARG; DATES: Written comments on the decision concerning its review of the
and Westar Energy. proposed consent decree must be primary NAAQS for NOX no later than
The EPA responded to several of these received by February 16, 2017. July 14, 2017; (2) sign a notice setting
petitions by letters stating that we were ADDRESSES: Submit your comments, forth its final decision concerning its
not taking action on them in light of the identified by Docket ID number EPA– review of the primary NAAQS for NOX
stay imposed on the rule by the U.S. HQ–OGC–2016–0719, online at no later than April 6, 2018; (3) issue a
Supreme Court on February 7, 2016. www.regulations.gov. Once submitted, final Integrated Science Assessment (a
Subsequently, the EPA sent letters to all comments cannot be edited or removed document containing air quality criteria)
the petitioners denying each of these from Regulations.gov. The EPA may addressing human health effects of SOX
petitions for the reasons explained in publish any comment received to its no later than December 14, 2017; (4)
the memorandum referred to above, public docket. Do not submit sign a notice setting forth its proposed
‘‘Basis for Denial of Petitions to electronically any information you decision concerning its review of the
Reconsider and Petitions to Stay the consider to be Confidential Business primary NAAQS for SOX no later than
CAA Section 111(d) Emission Information (CBI) or other information May 25, 2018; and (5) sign a notice
Guidelines for Greenhouse Gas whose disclosure is restricted by statute. setting forth its final decision
Emissions and Compliance Times for Multimedia submissions (audio, video, concerning its review of the primary
Electric Utility Generating Units.’’ etc.) must be accompanied by a written NAAQS for SOX no later than January
Dated: January 11, 2017. comment. The written comment is 28, 2019. See the proposed consent
considered the official comment and decree for additional details.
Gina McCarthy,
should include discussion of all points For a period of thirty (30) days
Administrator. following the date of publication of this
you wish to make. The EPA will
[FR Doc. 2017–00941 Filed 1–13–17; 8:45 am] notice, the Agency will accept written
generally not consider comments or
BILLING CODE 6560–50–P
comment contents located outside of the comments relating to the proposed
primary submission (i.e. on the web, consent decree from persons who were
cloud, or other file sharing system). If not named as parties or intervenors to
ENVIRONMENTAL PROTECTION the litigation in question. EPA or the
you would like to submit a comment
AGENCY Department of Justice may withdraw or
using a different submission method,
[EPA–HQ–OGC–2016–0719; FRL–9958–39– please contact the person listed in the withhold consent to the proposed
OGC] FOR FURTHER INFORMATION CONTACT consent decree if the comments disclose
section. For the full EPA public facts or considerations that indicate that
Proposed Consent Decree, Clean Air comment policy, information about CBI such consent is inappropriate,
Act Citizen Suit or multimedia submissions, and general improper, inadequate, or inconsistent
AGENCY: Environmental Protection guidance on making effective with the requirements of the Act. Unless
Agency (EPA). comments, please visit http:// EPA or the Department of Justice
www2.epa.gov/dockets/commenting- determines that consent to this consent
ACTION: Notice of proposed consent decree should be withdrawn, the terms
decree; request for public comment. epa-dockets.
FOR FURTHER INFORMATION CONTACT: of the decree will be affirmed.
SUMMARY: In accordance with section Melina Williams, Air and Radiation Law
sradovich on DSK3GMQ082PROD with NOTICES
II. Additional Information About
113(g) of the Clean Air Act, as amended Office (2344A), Office of General Commenting on the Proposed Consent
(‘‘CAA’’ or the ‘‘Act’’), notice is hereby Counsel, U.S. Environmental Protection Decree
given of a proposed consent decree to Agency, 1200 Pennsylvania Ave. NW.,
address a lawsuit filed by the Center for Washington, DC 20460; telephone: (202) A. How can I get a copy of the proposed
Biological Diversity and the Center for 564–3406; fax number: (202) 564–5603; consent decree?
Environmental Health (collectively email address: williams.melina@ The official public docket for this
‘‘Plaintiffs’’) in the United States District epa.gov. action (identified by Docket ID No.
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![Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices 4867
EPA–HQ–OGC–2016–0719) contains a ensures that you can be identified as the program (‘‘In-Use Regulation’’). EPA is
copy of the proposed consent decree. submitter of the comment and allows also confirming that CARB’s
The official public docket is available EPA to contact you in case EPA cannot amendments to its 2007 and Subsequent
for public viewing at the Office of read your comment due to technical Model Year On-Highway Heavy-Duty
Environmental Information (OEI) Docket difficulties or needs further information Engines and Vehicles regulation (‘‘2007
in the EPA Docket Center, EPA West, on the substance of your comment. Any Amendments’’) and CARB’s
Room 3334, 1301 Constitution Ave. identifying or contact information amendments to its Truck Idling
NW., Washington, DC. The EPA Docket provided in the body of a comment will requirements (‘‘Truck Idling
Center Public Reading Room is open be included as part of the comment that Amendments’’) are within the scope of
from 8:30 a.m. to 4:30 p.m., Monday is placed in the official public docket, previous waivers issued by EPA. The In-
through Friday, excluding legal and made available in EPA’s electronic Use Regulation establishes a
holidays. The telephone number for the public docket. If EPA cannot read your manufacturer-run in-use compliance
Public Reading Room is (202) 566–1744, comment due to technical difficulties program using portable emission
and the telephone number for the OEI and cannot contact you for clarification, measurement systems (‘‘PEMS’’). The
Docket is (202) 566–1752. EPA may not be able to consider your 2007 Amendments specify the NOX
An electronic version of the public comment. emission standard for heavy- and
docket is available through Use of the www.regulations.gov Web medium-duty diesel engines to two
www.regulations.gov. You may use site to submit comments to EPA significant figures and provide
www.regulations.gov to submit or view electronically is EPA’s preferred method manufacturers the option to certify
public comments, access the index for receiving comments. The electronic chassis-certified diesel vehicles within
listing of the contents of the official public docket system is an ‘‘anonymous the phase-in compliance provisions of
public docket, and to access those access’’ system, which means EPA will the 2007 and Subsequent Model Year
documents in the public docket that are not know your identity, email address, On-Highway Heavy-Duty Engines and
available electronically. Once in the or other contact information unless you Vehicles regulation. The Truck Idling
system, key in the appropriate docket provide it in the body of your comment. Amendments exempt armored cars and
identification number then select In contrast to EPA’s electronic public workover rigs (a mobile self-propelled
‘‘search’’. docket, EPA’s electronic mail (email) rig used to perform remedial operations
It is important to note that EPA’s system is not an ‘‘anonymous access’’ on producing oil or gas wells to restore
policy is that public comments, whether system. If you send an email comment or increase well production) from the
submitted electronically or in paper, directly to the Docket without going new engine requirements of the
will be made available for public through www.regulations.gov, your preexisting California Truck Idling
viewing online at www.regulations.gov email address is automatically captured regulation. This decision is issued
without change, unless the comment under the authority of the Clean Air Act
and included as part of the comment
contains copyrighted material, CBI, or (‘‘CAA’’ or ‘‘the Act’’).
that is placed in the official public
other information whose disclosure is
docket, and made available in EPA’s DATES: Petitions for review must be filed
restricted by statute. Information
electronic public docket. by March 20, 2017.
claimed as CBI and other information
whose disclosure is restricted by statute Dated: January 6, 2017. ADDRESSES: EPA has established a
is not included in the official public Lorie J. Schmidt, docket for this action under Docket ID
docket or in the electronic public Associate General Counsel. EPA–HQ–OAR–2016–0017. All
docket. EPA’s policy is that copyrighted [FR Doc. 2017–00942 Filed 1–13–17; 8:45 am]
documents relied upon in making this
material, including copyrighted material decision, including those submitted to
BILLING CODE 6560–50–P
contained in a public comment, will not EPA by CARB, are contained in the
be placed in EPA’s electronic public public docket. Publicly available docket
docket but will be available only in ENVIRONMENTAL PROTECTION materials are available either
printed, paper form in the official public AGENCY electronically through
docket. Although not all docket www.regulations.gov or in hard copy at
[EPA–HQ–OAR–2016–0017; FRL9958–38– the Air and Radiation Docket in the EPA
materials may be available OAR]
electronically, you may still access any Headquarters Library, EPA West
of the publicly available docket Building, Room 3334, 1301 Constitution
California State Motor Vehicle
materials through the EPA Docket Avenue NW., Washington, DC. The
Pollution Control Standards;
Center. Public Reading Room is open to the
Amendments to On-Highway Heavy-
public on all federal government
B. How and to whom do I submit Duty Vehicle In-Use Compliance
working days from 8:30 a.m. to 4:30
comments? Program, Amendments to 2007 and
p.m.; generally, it is open Monday
Subsequent Model Year On-Highway
You may submit comments as through Friday, excluding holidays. The
Heavy-Duty Engines and Vehicles, and
provided in the ADDRESSES section. telephone number for the Reading Room
Amendments to Truck Requirements;
Please ensure that your comments are is (202) 566–1744. The Air and
Notice of Decision
submitted within the specified comment Radiation Docket and Information
period. Comments received after the AGENCY: Environmental Protection Center’s Web site is http://www.epa.gov/
close of the comment period will be Agency. oar/docket.html. The email address for
the Air and Radiation Docket is: a-and-
sradovich on DSK3GMQ082PROD with NOTICES
marked ‘‘late.’’ EPA is not required to ACTION: Notice of decision.
consider these late comments. r-docket@epa.gov, the telephone
If you submit an electronic comment, SUMMARY: The Environmental Protection number is (202) 566–1742, and the fax
EPA recommends that you include your Agency (‘‘EPA’’) is granting the number is (202) 566–9744. An
name, mailing address, and an email California Air Resources Board’s electronic version of the public docket
address or other contact information in (‘‘CARB’s’’) request for a waiver of Clean is available through the federal
the body of your comment and with any Air Act preemption for its On-Highway government’s electronic public docket
disk or CD ROM you submit. This Heavy-Duty Vehicle In-Use Compliance and comment system at http://
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Document Created: 2017-01-14 01:44:48
Document Modified: 2017-01-14 01:44:48
| 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 16, 2017. | |
| Contact | Melina Williams, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; | |
| FR Citation | 82 FR 4866 |
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