82 FR 7820 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range		7820-7821
FR Document		2017-01419

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 Sierra Club (``Plaintiffs'') in the United States District Court for the District of Columbia: Sierra Club v. McCarthy, Civil Action No. 1:16-cf-01895- KBJ (D.D.C). On September 23, 2016, Plaintiffs filed a complaint alleging that the 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 Plaintiffs on April 11, 2016 requesting that EPA object to a CAA Title V permit issued by the Utah Department of Air Quality, to PacifiCorp Energy, authorizing the operation of the coal-fired Hunter Plant in Castle Dale, Utah. The proposed consent decree would establish a deadline for EPA to take such action.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)

[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7820-7821]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01419]



[[Page 7820]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2017-0016; FRL 9958-74-OGC]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

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 Sierra Club 
(``Plaintiffs'') in the United States District Court for the District 
of Columbia: Sierra Club v. McCarthy, Civil Action No. 1:16-cf-01895-
KBJ (D.D.C). On September 23, 2016, Plaintiffs filed a complaint 
alleging that the 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 Plaintiffs on 
April 11, 2016 requesting that EPA object to a CAA Title V permit 
issued by the Utah Department of Air Quality, to PacifiCorp Energy, 
authorizing the operation of the coal-fired Hunter Plant in Castle 
Dale, Utah. 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 22, 2017.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2017-0016, online at www.regulations.gov (EPA's preferred method). 
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: John Krallman, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-0904; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Plaintiffs 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 Plaintiffs regarding PacifiCorp Energy's Hunter Plant located 
in Castle Dale, Utah, pursuant to section 505(b)(2) of the CAA, on or 
before August 31, 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 
settlement in regard to Petitioner's 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-2017-0016) 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, 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

[[Page 7821]]

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. 2017-01419 Filed 1-19-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices 7821

EPA to contact you in case EPA cannot requested via the Federal Register (81 and periodic reports and results, and
read your comment due to technical FR 26546) on May 3, 2016 during a 60- maintaining records of the occurrence
difficulties or needs further information day comment period. This notice allows and duration of any startup, shutdown,
on the substance of your comment. Any for an additional 30 days for public or malfunction in the operation of an
identifying or contact information comments. A fuller description of the affected facility, or any period during
provided in the body of a comment will ICR is given below, including its which the monitoring system is
be included as part of the comment that estimated burden and cost to the public. inoperative. These reports are used by
is placed in the official public docket, An Agency may neither conduct nor EPA to determine compliance with
and made available in EPA’s electronic sponsor, and a person is not required to these standards.
public docket. If EPA cannot read your respond to, a collection of information Form Numbers: None.
comment due to technical difficulties unless it displays a currently valid OMB Respondents/affected entities:
and cannot contact you for clarification, control number. Facilities processing beryllium and its
EPA may not be able to consider your DATES: Additional comments may be derivatives.
comment. submitted on or before February 22, Respondent’s obligation to respond:
Use of the www.regulations.gov Web 2017 Mandatory (40 CFR part 61, subpart C).
site to submit comments to EPA Estimated number of respondents: 33
ADDRESSES: Submit your comments, (total).
electronically is EPA’s preferred method referencing Docket ID Number EPA– Frequency of response: Initially,
for receiving comments. The electronic HQ–OECA–2013–0301, to: (1) EPA occasionally, and monthly.
public docket system is an ‘‘anonymous online using www.regulations.gov (our Total estimated burden: 2,670 hours
access’’ system, which means EPA will preferred method), or by email to (per year). Burden is defined at 5 CFR
not know your identity, email address, docket.oeca@epa.gov, or by mail to: EPA 1320.3(b).
or other contact information unless you Docket Center, Environmental Total estimated cost: $310,000 (per
provide it in the body of your comment. Protection Agency, Mail Code 28221T, year), which includes $35,000 in either
In contrast to EPA’s electronic public 1200 Pennsylvania Ave. NW., annualized capital/startup or operation
docket, EPA’s electronic mail (email) Washington, DC 20460; and (2) OMB via & maintenance costs.
system is not an ‘‘anonymous access’’ email to oira_submission@omb.eop.gov. Changes in the Estimates: There is an
system. If you send an email comment Address comments to OMB Desk Officer adjustment increase in the respondent
directly to the Docket without going for EPA. burden as currently identified in the
through www.regulations.gov, your EPA’s policy is that all comments OMB Inventory of Approved Burdens.
email address is automatically captured received will be included in the public This increase is not due to any program
and included as part of the comment docket without change including any changes. The change in labor hour and
that is placed in the official public personal information provided, unless cost estimates occurred because of a
docket, and made available in EPA’s the comment includes profanity, threats, change in assumption. This ICR
electronic public docket. information claimed to be Confidential assumes all existing sources will have to
Dated: January 6, 2017. Business Information (CBI), or other re-familiarize with the regulatory
Lorie J. Schmidt, information whose disclosure is requirements each year.
Associate General Counsel. restricted by statute. Courtney Kerwin,
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–01419 Filed 1–19–17; 8:45 am] Director, Regulatory Support Division.
Patrick Yellin, Monitoring, Assistance,
BILLING CODE 6560–50–P [FR Doc. 2017–01273 Filed 1–19–17; 8:45 am]
and Media Programs Division, Office of
BILLING CODE 6560–50–P
Compliance, Mail Code 2227A,
ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200
AGENCY Pennsylvania Ave. NW., Washington, ENVIRONMENTAL PROTECTION
DC 20460; telephone number: (202) AGENCY
[EPA–HQ–OECA–2013–0301; FRL—9955– 564–2970; fax number: (202) 564–0050;
39–OEI] email address: yellin.patrick@epa.gov. [FRL–9958–58–OAR]

Information Collection Request SUPPLEMENTARY INFORMATION:
Supporting documents which explain Minor Revisions to AP–42 Section
Submitted to OMB for Review and 13.5: Industrial Flares
Approval; Comment Request; NESHAP in detail the information that the EPA
for Beryllium (Renewal) will be collecting are available in the AGENCY: Environmental Protection
public docket for this ICR. The docket Agency (EPA).
AGENCY: Environmental Protection can be viewed online at ACTION: Notice of final action.
Agency (EPA). www.regulations.gov or in person at the
ACTION: Notice. EPA Docket Center, EPA West, Room SUMMARY: On December 14, 2016, the
3334, 1301 Constitution Ave. NW., Environmental Protection Agency (EPA)
SUMMARY: The Environmental Protection Washington, DC. The telephone number issued minor revisions to AP–42 Section
Agency has submitted an information for the Docket Center is 202–566–1744. 13.5: Industrial Flares. AP–42 is the
collection request (ICR), ‘‘NESHAP for For additional information about EPA’s primary compilation of the EPA’s
Beryllium (40 CFR part 61, subpart C) public docket, visit: http:// emissions factor information. The EPA
(Renewal)’’ (EPA ICR No. 0193.12, OMB www.epa.gov/dockets. finalized these revisions in compliance
Control No. 2060–0092), to the Office of Abstract: Owners and operators of with a settlement agreement entered
mstockstill on DSK3G9T082PROD with NOTICES

Management and Budget (OMB) for affected facilities are required to comply into with Air Alliance Houston,
review and approval in accordance with with reporting and record keeping Community In-Power and Development
the Paperwork Reduction Act (44 U.S.C. requirements for the general provisions Association, Inc., Louisiana Bucket
3501 et seq.). This is a proposed of 40 CFR part 61, subpart A, as well as Brigade, and Texas Environmental
extension of the ICR, which is currently the specific requirements at 40 CFR part Justice Advocacy Services (‘‘Plaintiffs’’).
approved through January 31, 2017. 61, subpart C. This includes submitting ADDRESSES: You may view this final
Public comments were previously initial notifications, performance tests action and the supporting information

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Document Created: 2017-01-20 01:29:43
Document Modified: 2017-01-20 01:29:43

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 22, 2017.
Contact		John Krallman, 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 7820