Availability of Guidance Documents; Permit Appeals; Citizens' Guide to the Environmental Appeals Board; Superfund Program; Consent Agreements, 8967-8968 [2014-02693]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Notices Docket No. ER13–2375, Midcontinent Independent System Operator, Inc. Docket No. ER13–2376, Midcontinent Independent System Operator, Inc. Docket No. ER13–2379, Midcontinent Independent System Operator, Inc. Docket No. ER14–862, Midcontinent Independent System Operator, Inc. Docket No. ER14–859, Midcontinent Independent System Operator, Inc. Docket No. ER13–2233, Midcontinent Independent System Operator, Inc. Docket No. ER14–836, Midcontinent Independent System Operator, Inc. Docket No. ER14–801, Midcontinent Independent System Operator, Inc. Docket No. ER14–790, Midcontinent Independent System Operator, Inc. Docket No. ER14–503, Midcontinent Independent System Operator, Inc. Docket No. ER14–721, Midcontinent Independent System Operator, Inc. Docket No. ER14–706, Midcontinent Independent System Operator, Inc. 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Docket No. ER14–698, Midcontinent Independent System Operator, Inc. Docket No. EL13–88, Northern Indiana Public Service Corp. v Midcontinent Independent System Operator, Inc., et al. Docket No. EL14–12, ABATE et al. v Midcontinent Independent System Operator, Inc., et al. Docket No. AD12–16, Capacity Deliverability across the MISO/PJM Seam. Docket No. AD14–3, Coordination of Energy and Capacity across the MISO/ PJM Seam. Docket No. ER13–1938, Midcontinent Independent System Operator, Inc. Docket No. ER14–990, Midcontinent Independent System Operator, Inc. For more information, contact Patrick Clarey, Office of Energy Markets Regulation, Federal Energy Regulatory Commission at (317) 249–5937 or patrick.clarey@ferc.gov, or Christopher Miller, Office of Energy Markets Regulation, Federal Energy Regulatory Commission at (317) 249–5936 or christopher.miller@ferc.gov. Dated: February 6, 2014. Kimberly D. Bose, Secretary. [FR Doc. 2014–03226 Filed 2–13–14; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2009–0491; FRL–9906–78– OAR] Proposed Information Collection Request; Comment Request; Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Renewal) Environmental Protection Agency (EPA). ACTION: Notice; correction. AGENCY: The Environmental Protection Agency published in the Federal Register of February 6, 2013, a notice for comment request for the renewal of the Information Collection Request for the Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone. The notice referenced the incorrect Docket ID Number. This notice provides the correct Docket ID Number. SUMMARY: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 8967 FOR FURTHER INFORMATION CONTACT: Karen VanSickle at (202) 343–9220 or email at vansickle.karen@epa.gov. Correction: In the Federal Register of February 6, 2013, (79 FR 7179) in [FRL 9906–29–OAR], in the heading, correct the Docket ID Number to read: EPA– HQ–OAR–2009–0491. Dated: February 10, 2014. Karen Orehowsky, Acting Director, Clean Air Markets Division. [FR Doc. 2014–03326 Filed 2–13–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9906–27–OARM] Availability of Guidance Documents; Permit Appeals; Citizens’ Guide to the Environmental Appeals Board; Superfund Program; Consent Agreements Environmental Protection Agency (EPA). ACTION: Notice of availability of guidance documents. AGENCY: The U.S. Environmental Protection Agency (EPA) is announcing the availability of four revised guidance documents: A Citizens’ Guide to EPA’s Environmental Appeals Board; The Environmental Appeals Board Practice Manual; Revised Guidance on Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions; and Environmental Appeals Board Consent Agreement and Final Order Procedures. EPA’s Environmental Appeals Board is the final decision maker on administrative appeals under all major environmental statutes the EPA administers. The EPA issued these guidance documents to provide guidance to citizens and practitioners on procedures and practice before the Board. The EPA revised the first two documents to reflect amendments to an EPA rule governing the Agency’s permit appeal procedures, which EPA published in the Federal Register on January 25, 2013, and which became effective on March 26, 2013. The EPA revised the third document in February 2012 to streamline the procedures to petition for reimbursement of response costs under section 106(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The EPA has removed the fourth document as an appendix to the Board’s Practice Manual, and it now is available as a freestanding document SUMMARY: E:\FR\FM\14FEN1.SGM 14FEN1 8968 Federal Register / Vol. 79, No. 31 / Friday, February 14, 2014 / Notices to EPA’s Environmental Appeals Board (Citizens’ Guide); (2) The Environmental Appeals Board Practice Manual (Practice Manual); (3) Revised Guidance on Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions (CERCLA Section 106(b) Reimbursement Guidance); and (4) Environmental Appeals Board Consent Agreement and Final Order Procedures (CAFO Procedures). The EPA revised the Citizens’ Guide and Practice Manual to I. General Information reflect changes to the Agency’s permit appeal procedures under 40 CFR 124.19. A. Does this action apply to me? The amendments to 40 CFR 124.19 were This action is directed to the public published in the Federal Register on in general, and may be of particular January 25, 2013, and became effective interest to anyone who seeks review by on March 26, 2013. the Environmental Appeals Board of a The Citizens’ Guide provides general permit decision issued pursuant to the guidance about the Board and its Hazardous and Solid Waste procedures and is intended principally Amendments to the Resource to assist stakeholders without legal Conservation Recovery Act (RCRA), training involved with matters pending Underground Injection Control (UIC), before the Board. Because the Citizens’ National Pollutant Discharge Guide contains information about the Elimination System (NPDES), part 124 permit appeals process, the Prevention of Significant Deterioration EPA revised this guidance document to (PSD), or other final permit decision reflect the recent changes to 40 CFR part under 40 CFR 124.19 or who seeks 124. The Practice Manual provides general reimbursement of response costs under descriptions of the regulatory section 106(b) of CERCLA. Because framework for Board proceedings and these guidance documents may be of interest to everyone, the Agency has not provides guidance to litigants on matters related to practice before the attempted to describe all the specific Board. Because it too contains entities that may be interested in this information about the part 124 permit action. If you have any questions appeals process, it also was revised to regarding the applicability of this reflect the recent changes to 40 CFR part information to the particular petition, 124. consult the person listed under FOR The EPA issued the CERCLA Section FURTHER INFORMATION CONTACT. 106(b) Reimbursement Guidance on B. How can I get copies of this document February 23, 2012. Section 106(b) of the and other related information? Comprehensive Environmental Response, Compensation, and Liability Electronic copies of these four Act of 1980 (CERCLA), 42 USC 9606(b), guidance documents and other related as amended by the Superfund documents, including a copy of the Amendments and Reauthorization Act recent rule revising part 124, are of 1986, allows any person who available at http://www.epa.gov/eab/. complies with an EPA order issued The public also may view these documents on site at the Environmental under section 106(a) of the statute to petition for reimbursement of the Appeals Board, U.S. Environmental reasonable costs incurred in complying Protection Agency, 1201 Constitution with the order, plus interest. Avenue NW., U.S. EPA East Building, Room 3332, Washington, DC 20460. The Reimbursement is authorized if a petitioner can establish that it was not Clerk of the Board’s hours are 8:30 a.m. liable for response costs or that the to 12 p.m. and 1 p.m. to 4:30 p.m., Agency’s selection of a response action Monday through Friday, excluding was arbitrary or capricious or otherwise federal holidays. The Clerk of the Board’s telephone number is (202) 233– not in accordance with law. The CERCLA Section 106(b) Reimbursement 0122. For security reasons, advance Guidance details both the information a notice is required to access the EPA petitioner is expected to submit as part building where the Board is located. of a petition for reimbursement under II. Background CERCLA section 106(b) and the The EPA announces the availability of procedures the Board intends to follow in evaluating petitions. The EPA four guidance documents that the Agency’s Environmental Appeals Board initially issued procedural guidance (Board) has issued: (1) A Citizens’ Guide regarding the procedures for submission mstockstill on DSK4VPTVN1PROD with NOTICES with minor revisions to make it easier for stakeholders to locate it. FOR FURTHER INFORMATION CONTACT: Eurika Durr, Clerk of the Environmental Appeals Board, U.S. Environmental Protection Agency, Mail Code: 1103M, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: 202–233–0122; fax number: 202–233–0121; email address: durr.eurika@epa.gov. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:47 Feb 13, 2014 Jkt 232001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 and review of petitions for reimbursement in June 1994. Based on its experience with reimbursement petitions after that date, the EPA issued revised CERCLA 106(b) guidance on October 9, 1996, and then again on November 10, 2004. The February 23, 2012 CERCLA Section 106(b) Reimbursement Guidance supersedes the previous CERCLA 106(b) guidance and is applicable to all petitions submitted on or after February 23, 2012. The CAFO Procedures document was formerly included as an appendix to the Practice Manual. For convenience to practitioners, the EPA has removed the document from the Practice Manual and has made it available as its own separate document as of January 2014. Authority: Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.; Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. 1251 et. seq.; Safe Drinking Water Act, 42 U.S.C. 300f et. seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq.; Clean Air Act, 42 U.S.C. 7401 et. seq.; Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq.; 40 CFR 1.25(e), 22.4, 124.19) Dated: January 29, 2014. Craig E. Hooks, Assistant Administrator, Office of Administration and Resources Management. [FR Doc. 2014–02693 Filed 2–13–14; 8:45 am] BILLING CODE 6560–50–P EXPORT-IMPORT BANK OF THE UNITED STATES Sunshine Act Meeting Notice of an Open Meeting of the Board of Directors of the ExportImport Bank of the United States. ACTION: Thursday, February 20, 2014 at 9:30 a.m. The meeting will be held at Ex-Im Bank in Room 321, 811 Vermont Avenue NW., Washington, DC 20571. TIME AND PLACE: Item No. 1 Ex-Im Bank Advisory Committee for 2014 (New Member) OPEN AGENDA ITEM: The meeting will be open to public observation for Item No. 1 only. PUBLIC PARTICIPATION: Members of the public who wish to attend the meeting should call Joyce Stone, Office of the Secretary, 811 Vermont Avenue NW., Washington, DC 20571 (202) 565–3336 FURTHER INFORMATION: E:\FR\FM\14FEN1.SGM 14FEN1

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[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Notices]
[Pages 8967-8968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02693]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9906-27-OARM]


Availability of Guidance Documents; Permit Appeals; Citizens' 
Guide to the Environmental Appeals Board; Superfund Program; Consent 
Agreements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability of guidance documents.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing 
the availability of four revised guidance documents: A Citizens' Guide 
to EPA's Environmental Appeals Board; The Environmental Appeals Board 
Practice Manual; Revised Guidance on Procedures for Submission and 
Review of CERCLA Section 106(b) Reimbursement Petitions; and 
Environmental Appeals Board Consent Agreement and Final Order 
Procedures. EPA's Environmental Appeals Board is the final decision 
maker on administrative appeals under all major environmental statutes 
the EPA administers. The EPA issued these guidance documents to provide 
guidance to citizens and practitioners on procedures and practice 
before the Board. The EPA revised the first two documents to reflect 
amendments to an EPA rule governing the Agency's permit appeal 
procedures, which EPA published in the Federal Register on January 25, 
2013, and which became effective on March 26, 2013. The EPA revised the 
third document in February 2012 to streamline the procedures to 
petition for reimbursement of response costs under section 106(b) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA). The EPA has removed the fourth document as an appendix to 
the Board's Practice Manual, and it now is available as a freestanding 
document

[[Page 8968]]

with minor revisions to make it easier for stakeholders to locate it.

FOR FURTHER INFORMATION CONTACT: Eurika Durr, Clerk of the 
Environmental Appeals Board, U.S. Environmental Protection Agency, Mail 
Code: 1103M, 1200 Pennsylvania Avenue NW., Washington, DC 20460; 
telephone number: 202-233-0122; fax number: 202-233-0121; email 
address: durr.eurika@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of 
particular interest to anyone who seeks review by the Environmental 
Appeals Board of a permit decision issued pursuant to the Hazardous and 
Solid Waste Amendments to the Resource Conservation Recovery Act 
(RCRA), Underground Injection Control (UIC), National Pollutant 
Discharge Elimination System (NPDES), Prevention of Significant 
Deterioration (PSD), or other final permit decision under 40 CFR 124.19 
or who seeks reimbursement of response costs under section 106(b) of 
CERCLA. Because these guidance documents may be of interest to 
everyone, the Agency has not attempted to describe all the specific 
entities that may be interested in this action. If you have any 
questions regarding the applicability of this information to the 
particular petition, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    Electronic copies of these four guidance documents and other 
related documents, including a copy of the recent rule revising part 
124, are available at http://www.epa.gov/eab/. The public also may view 
these documents on site at the Environmental Appeals Board, U.S. 
Environmental Protection Agency, 1201 Constitution Avenue NW., U.S. EPA 
East Building, Room 3332, Washington, DC 20460. The Clerk of the 
Board's hours are 8:30 a.m. to 12 p.m. and 1 p.m. to 4:30 p.m., Monday 
through Friday, excluding federal holidays. The Clerk of the Board's 
telephone number is (202) 233-0122. For security reasons, advance 
notice is required to access the EPA building where the Board is 
located.

II. Background

    The EPA announces the availability of four guidance documents that 
the Agency's Environmental Appeals Board (Board) has issued: (1) A 
Citizens' Guide to EPA's Environmental Appeals Board (Citizens' Guide); 
(2) The Environmental Appeals Board Practice Manual (Practice Manual); 
(3) Revised Guidance on Procedures for Submission and Review of CERCLA 
Section 106(b) Reimbursement Petitions (CERCLA Section 106(b) 
Reimbursement Guidance); and (4) Environmental Appeals Board Consent 
Agreement and Final Order Procedures (CAFO Procedures). The EPA revised 
the Citizens' Guide and Practice Manual to reflect changes to the 
Agency's permit appeal procedures under 40 CFR 124.19. The amendments 
to 40 CFR 124.19 were published in the Federal Register on January 25, 
2013, and became effective on March 26, 2013.
    The Citizens' Guide provides general guidance about the Board and 
its procedures and is intended principally to assist stakeholders 
without legal training involved with matters pending before the Board. 
Because the Citizens' Guide contains information about the part 124 
permit appeals process, the EPA revised this guidance document to 
reflect the recent changes to 40 CFR part 124.
    The Practice Manual provides general descriptions of the regulatory 
framework for Board proceedings and provides guidance to litigants on 
matters related to practice before the Board. Because it too contains 
information about the part 124 permit appeals process, it also was 
revised to reflect the recent changes to 40 CFR part 124.
    The EPA issued the CERCLA Section 106(b) Reimbursement Guidance on 
February 23, 2012. Section 106(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), 42 USC 
9606(b), as amended by the Superfund Amendments and Reauthorization Act 
of 1986, allows any person who complies with an EPA order issued under 
section 106(a) of the statute to petition for reimbursement of the 
reasonable costs incurred in complying with the order, plus interest. 
Reimbursement is authorized if a petitioner can establish that it was 
not liable for response costs or that the Agency's selection of a 
response action was arbitrary or capricious or otherwise not in 
accordance with law. The CERCLA Section 106(b) Reimbursement Guidance 
details both the information a petitioner is expected to submit as part 
of a petition for reimbursement under CERCLA section 106(b) and the 
procedures the Board intends to follow in evaluating petitions. The EPA 
initially issued procedural guidance regarding the procedures for 
submission and review of petitions for reimbursement in June 1994. 
Based on its experience with reimbursement petitions after that date, 
the EPA issued revised CERCLA 106(b) guidance on October 9, 1996, and 
then again on November 10, 2004. The February 23, 2012 CERCLA Section 
106(b) Reimbursement Guidance supersedes the previous CERCLA 106(b) 
guidance and is applicable to all petitions submitted on or after 
February 23, 2012.
    The CAFO Procedures document was formerly included as an appendix 
to the Practice Manual. For convenience to practitioners, the EPA has 
removed the document from the Practice Manual and has made it available 
as its own separate document as of January 2014.

    Authority:  Federal Insecticide, Fungicide, and Rodenticide Act, 
7 U.S.C. 136 et seq.; Federal Water Pollution Control Act (Clean 
Water Act), 33 U.S.C. 1251 et. seq.; Safe Drinking Water Act, 42 
U.S.C. 300f et. seq.; Resource Conservation and Recovery Act, 42 
U.S.C. 6901 et. seq.; Clean Air Act, 42 U.S.C. 7401 et. seq.; 
Comprehensive Environmental Response, Compensation, and Liability 
Act, 42 U.S.C. 9601 et seq.; 40 CFR 1.25(e), 22.4, 124.19)

    Dated: January 29, 2014.
Craig E. Hooks,
Assistant Administrator, Office of Administration and Resources 
Management.
[FR Doc. 2014-02693 Filed 2-13-14; 8:45 am]
BILLING CODE 6560-50-P