82 FR 6532 - Proposed Settlement Agreement, Clean Air Act Petition for Review
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 12 (January 19, 2017)
Federal Register Volume 82, Issue 12 (January 19, 2017)
| Page Range | 6532-6533 | |
| FR Document | 2017-01099 |
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)] [Notices] [Pages 6532-6533] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01099] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OGC-2017-0030; FRL-9958-55-OGC] Proposed Settlement Agreement, Clean Air Act Petition for Review 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 address a lawsuit filed by Sierra Club in the United States Court of Appeals for the District of Columbia Circuit: Sierra Club v. EPA, No. 16-1158 (D.C Cir.). On May 27, 2016, Sierra Club filed a petition for judicial review of the final action taken by EPA under the CAA titled ``Revisions to Ambient Monitoring Quality Assurance and Other Requirements'' (``final action'') at 81 FR 17,248 (Mar. 28, 2016). The proposed settlement agreement would resolve Sierra Club's lawsuit upon EPA's issuance of two nonbinding guidance documents recommending public notification practices concerning the submission and approval of ambient air monitoring network plans. DATES: Written comments on the proposed settlement agreement must be received by February 21, 2017. ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ- OGC-2017- 0030, 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: Jonathan Skinner-Thompson, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-0291; fax number (202) 564- 5603; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement Agreement Sierra Club filed a petition for review of EPA's final action titled ``Revisions to Ambient Monitoring Quality Assurance and Other Requirements'' (``final action'') at 81 FR 17,248 (Mar. 28, 2016). In the final action, EPA revised requirements pertaining to public inspection of proposed annual monitoring network plans under 40 CFR 58.10. Under the terms of the proposed settlement agreement, Sierra Club would agree to dismiss its case with prejudice upon EPA's issuance of two nonbinding guidance documents. The first guidance document would be issued to state and local monitoring agencies and would make public inspection recommendations concerning proposed monitoring plans. The second guidance document would be issued to EPA regional offices and would make recommendations for stakeholder notification of submitted monitoring plan approvals and disapprovals. The United States also would agree to make a payment in settlement of Sierra Club's claim for fees and costs. Please review the settlement agreement for additional details, available in the public docket at EPA-HQ-OGC-2017-0030. 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 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-2017-0030 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. [[Page 6533]] 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 11, 2017. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2017-01099 Filed 1-18-17; 8:45 am] BILLING CODE 6560-50-P
![6532 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices
Dated: January 11, 2017. contents located outside of the primary indicate that such consent is
Gina McCarthy, submission (i.e. on the web, cloud, or inappropriate, improper, inadequate, or
Administrator. other file sharing system). For inconsistent with the requirements of
[FR Doc. 2017–01225 Filed 1–18–17; 8:45 am] additional submission methods, please the Act. Unless EPA or the Department
BILLING CODE 6560–50–P
contact the person identified in the ‘‘For of Justice determines that consent to the
Further Information Contact’’ section. agreement should be withdrawn or
For the full EPA public comment policy, withheld, the terms of the agreement
ENVIRONMENTAL PROTECTION information about CBI or multimedia will be affirmed.
AGENCY submissions, and general guidance on
II. Additional information about
making effective comments, please visit
[EPA–HQ–OGC–2017–0030; FRL–9958–55– commenting on the proposed settlement
http://www2.epa.gov/dockets/
OGC] agreement.
commenting-epa-dockets.
Proposed Settlement Agreement, FOR FURTHER INFORMATION CONTACT: A. How can I get a copy of the proposed
Clean Air Act Petition for Review Jonathan Skinner-Thompson, Air and settlement agreement?
Radiation Law Office (2344A), Office of The official public docket for this
AGENCY: Environmental Protection General Counsel, U.S. Environmental action under Docket ID No. EPA–HQ–
Agency (EPA). Protection Agency, 1200 Pennsylvania OGC–2017–0030 contains a copy of the
ACTION: Notice of proposed settlement Ave. NW., Washington, DC 20460; proposed settlement agreement. The
agreement; request for public comment. telephone: (202) 564–0291; fax number official public docket is available for
(202) 564–5603; email address: skinner- public viewing at the Office of
SUMMARY: In accordance with section thompson.jonathan@epa.gov. Environmental Information (OEI) Docket
113(g) of the Clean Air Act, as amended
SUPPLEMENTARY INFORMATION: in the EPA Docket Center, EPA West,
(‘‘CAA’’), notice is hereby given of a
Room 3334, 1301 Constitution Ave.
proposed settlement agreement to I. Additional Information About the
NW., Washington, DC. The EPA Docket
address a lawsuit filed by Sierra Club in Proposed Settlement Agreement
Center Public Reading Room is open
the United States Court of Appeals for Sierra Club filed a petition for review from 8:30 a.m. to 4:30 p.m., Monday
the District of Columbia Circuit: Sierra of EPA’s final action titled ‘‘Revisions to through Friday, excluding legal
Club v. EPA, No. 16–1158 (D.C Cir.). On Ambient Monitoring Quality Assurance holidays. The telephone number for the
May 27, 2016, Sierra Club filed a and Other Requirements’’ (‘‘final Public Reading Room is (202) 566–1744,
petition for judicial review of the final action’’) at 81 FR 17,248 (Mar. 28, 2016). and the telephone number for the OEI
action taken by EPA under the CAA In the final action, EPA revised Docket is (202) 566–1752.
titled ‘‘Revisions to Ambient Monitoring requirements pertaining to public An electronic version of the public
Quality Assurance and Other inspection of proposed annual docket is available through
Requirements’’ (‘‘final action’’) at 81 FR monitoring network plans under 40 CFR www.regulations.gov. You may use the
17,248 (Mar. 28, 2016). The proposed 58.10. www.regulations.gov to submit or view
settlement agreement would resolve Under the terms of the proposed public comments, access the index
Sierra Club’s lawsuit upon EPA’s settlement agreement, Sierra Club listing of the contents of the official
issuance of two nonbinding guidance would agree to dismiss its case with public docket, and to access those
documents recommending public prejudice upon EPA’s issuance of two documents in the public docket that are
notification practices concerning the nonbinding guidance documents. The available electronically. Once in the
submission and approval of ambient air first guidance document would be system, key in the appropriate docket
monitoring network plans. issued to state and local monitoring identification number then select
DATES: Written comments on the agencies and would make public ‘‘search’’.
proposed settlement agreement must be inspection recommendations It is important to note that EPA’s
received by February 21, 2017. concerning proposed monitoring plans. policy is that public comments, whether
ADDRESSES: Submit your comments, The second guidance document would submitted electronically or in paper,
identified by Docket ID number EPA– be issued to EPA regional offices and will be made available for public
HQ–OGC–2017- 0030, online at would make recommendations for viewing online at www.regulations.gov
www.regulations.gov. For comments stakeholder notification of submitted without change, unless the comment
submitted at www.regulations.gov, monitoring plan approvals and contains copyrighted material, CBI, or
follow the online instructions for disapprovals. The United States also other information whose disclosure is
submitting comments. Once submitted, would agree to make a payment in restricted by statute. Information
comments cannot be edited or removed settlement of Sierra Club’s claim for fees claimed as CBI and other information
from www.regulations.gov. The EPA and costs. Please review the settlement whose disclosure is restricted by statute
may publish any comment received to agreement for additional details, is not included in the official public
its public docket. Do not submit available in the public docket at EPA– docket or in the electronic public
electronically any information you HQ–OGC–2017–0030. docket. EPA’s policy is that copyrighted
consider to be Confidential Business For a period of 30 days following the material, including copyrighted material
Information (‘‘CBI’’) or other date of publication of this notice, the contained in a public comment, will not
information whose disclosure is Agency will receive written comments be placed in EPA’s electronic public
restricted by statute. Multimedia relating to the proposed settlement docket but will be available only in
mstockstill on DSK3G9T082PROD with NOTICES
submissions (audio, video, etc.) must be agreement from persons who were not printed, paper form in the official public
accompanied by a written comment. named as parties or intervenors to the docket. Although not all docket
The written comment is considered the litigation in question. EPA or the materials may be available
official comment and should include Department of Justice may withdraw or electronically, you may still access any
discussion of all points you wish to withhold consent to the proposed of the publicly available docket
make. The EPA will generally not settlement agreement if the comments materials through the EPA Docket
consider comments or comment disclose facts or considerations that Center.
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![Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices 6533
B. How and to whom do I submit ENVIRONMENTAL PROTECTION DATES: Comments must be received by
comments? AGENCY March 6, 2017.
FOR FURTHER INFORMATION CONTACT: Ms.
You may submit comments as [EPA–R06–OW–2017–0017; FRL–9958–31- Evelyn Rosborough, Region 6, U.S.
provided in the ADDRESSES section. Region 6] Environmental Protection Agency, 1445
Please ensure that your comments are Ross Avenue, Dallas, Texas 75202–2733.
submitted within the specified comment Proposed Reissuance of the NPDES
Telephone: (214) 665–7515. Email:
period. Comments received after the General Permit for Facilities Related to
rosborough.evelyn@epa.gov.
close of the comment period will be Oil and Gas Extraction in the Territorial A complete draft permit and a fact
marked ‘‘late.’’ EPA is not required to Seas of Texas sheet more fully explaining the proposal
consider these late comments. AGENCY: Environmental Protection may be obtained from Ms. Rosborough.
If you submit an electronic comment, Agency (EPA). In addition, the Agency’s current
EPA recommends that you include your ACTION: Notice of availability for
administrative record on the proposal is
name, mailing address, and an email comment. available for examination at the Region’s
address or other contact information in Dallas offices during normal working
SUMMARY: The Director of the Water hours after providing Ms. Rosborough
the body of your comment and with any
Division, Environmental Protection 24 hours advance notice. A copy of the
disk or CD ROM you submit. This
Agency (EPA) Region 6 today proposes proposed permit, fact sheet, and this
ensures that you can be identified as the
to reissue the National Pollutant Federal Register Notice may be found
submitter of the comment and allows on the EPA Region 6 Web site at:
Discharge Elimination System (NPDES)
EPA to contact you in case EPA cannot https://www3.epa.gov/region6/water/
general permit for the Territorial Seas of
read your comment due to technical npdes/genpermit/index.htm.
Texas (No. TXG260000) for discharges
difficulties or needs further information from existing and new dischargers and SUPPLEMENTARY INFORMATION: EPA
on the substance of your comment. Any New Sources in the Offshore intends to use the proposed reissued
identifying or contact information Subcategory of the Oil and Gas permit to regulate discharges from oil
provided in the body of a comment will Extraction Point Source Category as and gas extraction facilities located in
be included as part of the comment that authorized by section 402 of the Clean the territorial seas off Texas. To obtain
is placed in the official public docket, Water Act, 33 U.S.C. 1342. The permit discharge authorization, operators of
and made available in EPA’s electronic will supersede the previous general such facilities must submit a new Notice
public docket. If EPA cannot read your permit (TXG260000) issued on February of Intent (NOI). To determine whether
comment due to technical difficulties 8, 2012 and published in the Federal your (facility, company, business,
and cannot contact you for clarification, Register at 77 FR 8855. This permit organization, etc.) is regulated by this
EPA may not be able to consider your renewal authorizes discharges from action, you should carefully examine
comment. exploration, development, and the applicability criteria in Part I,
Use of the www.regulations.gov Web production facilities located in and Section A.2 of the permit. If you have
site to submit comments to EPA discharging to the territorial seas off questions regarding the applicability of
electronically is EPA’s preferred method Texas. this action to a particular entity, consult
for receiving comments. The electronic Comment: Submit your comments, the person listed in the FOR FURTHER
identified by Docket ID No. EPA–R06– INFORMATION CONTACT section above. The
public docket system is an ‘‘anonymous
OW–2017–0017 to the Federal proposed permit contains limitations
access’’ system, which means EPA will
eRulemaking Portal: http:// conforming to EPA’s Oil and Gas
not know your identity, email address, www.regulations.gov. Follow the online Extraction, Offshore Subcategory
or other contact information unless you instructions for submitting comments. Effluent Limitation Guidelines at 40
provide it in the body of your comment. Once submitted, comments cannot be CFR part 435 and additional
In contrast to EPA’s electronic public edited or withdrawn. EPA may publish requirements assuring that regulated
docket, EPA’s electronic mail (email) any comment received to its public discharges will not cause unreasonable
system is not an ‘‘anonymous access’’ docket. Do not submit electronically any degradation of the marine environment,
system. If you send an email comment information you consider to be as required by section 403(c) of the
directly to the Docket without going Confidential Business Information (CBI) Clean Water Act. Limitations and
through www.regulations.gov, your or other information whose disclosure is conditions are also included to ensure
email address is automatically captured restricted by statute. Multimedia compliance with State Water Quality
and included as part of the comment submissions (audio, video, etc.) must be Standards. Specific information on the
that is placed in the official public accompanied by a written comment. derivation of those limitations and
docket, and made available in EPA’s The written comment is considered the conditions is contained in the fact sheet.
electronic public docket. official comment and should include Specifically, the draft permit proposes
discussion of all points you wish to to prohibit the discharge of drilling
Dated: January 11, 2017.
make. EPA will generally not consider fluids, drill cuttings and produced sand.
Lorie J. Schmidt, comments or comment contents located Produced water discharges are limited
Associate General Counsel. outside of the primary submission (i.e. for oil and grease, 7-day chronic
[FR Doc. 2017–01099 Filed 1–18–17; 8:45 am] on the web, cloud, or other file sharing toxicity, and 48-hour acute toxicity. In
system). For additional submission addition to limits on oil and grease, the
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 6560–50–P
methods, the full EPA public comment proposed permit includes a prohibition
policy, information about CBI or of the discharge of priority pollutants
multimedia submissions, and general except in trace amounts in well
guidance on making effective treatment, completion, and workover
comments, please visit https:// fluids. A limit of ‘‘No Free Oil’’ is
www.epa.gov/dockets/commenting-epa- proposed for miscellaneous discharges,
dockets. such as non-contact cooling water and
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Document Created: 2018-02-01 15:15:25
Document Modified: 2018-02-01 15:15:25
| 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 February 21, 2017. | |
| Contact | Jonathan Skinner-Thompson, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-0291; fax number (202) 564- | |
| FR Citation | 82 FR 6532 |
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