Proposed Consent Decree, Clean Air Act Citizen Suit, 27304-27305 [2014-10979]
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27304
Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Section 304(a)(1) of the Clean Water
Act (CWA) requires EPA to develop and
publish and, from time to time, revise,
criteria for protection of water quality
and human health that accurately reflect
the latest scientific knowledge. Water
quality criteria developed under section
304(a) are based solely on data and
scientific judgments on the relationship
between pollutant concentrations and
environmental and human health
effects. Section 304(a) criteria do not
reflect consideration of economic
impacts or the technological feasibility
of meeting pollutant concentrations in
ambient water.
EPA’s recommended Section 304(a)
criteria provide technical information to
States and authorized Tribes in adopting
water quality standards that ultimately
provide a basis for assessing water body
health and controlling discharges or
releases of pollutants. Under the CWA
and its implementing regulations, States
and authorized Tribes are to adopt water
quality criteria to protect designated
uses (e.g., public water supply, aquatic
life, recreational use, or industrial use).
EPA’s recommended water quality
criteria do not substitute for the CWA or
regulations, nor are they regulations
themselves. Thus, EPA’s recommended
criteria do not impose legally binding
requirements. States and authorized
Tribes have the discretion to adopt,
where appropriate, other scientifically
defensible water quality criteria that
differ from these recommendations.
III. What are the updated criteria?
Today, EPA is publishing draft
updated national recommended water
quality criteria for the protection of
human health for ninety-four chemical
pollutants. These revisions are based on
EPA’s current methodology for deriving
human health criteria (See: Methodology
for Deriving Ambient Water Quality
Criteria for the Protection of Human
Health (2000), EPA–822–B–00–004,
October 2000). The methodology
describes EPA’s current approach for
deriving national recommended water
quality criteria for the protection of
human health.
The revision of these criteria
represents a systematic update of EPA’s
national recommended 304(a) criteria.
EPA has previously described its
process for publishing revised criteria
[see National Recommended Water
Quality Criteria—Correction (64 FR
19781; or EPA 822–Z–99–001) or the
Federal Register Notice for EPA’s 2000
Methodology (65 FR 66444)]. EPA is
announcing the availability of the
updated human health criteria in
today’s Notice in order to solicit
scientific views. EPA has updated the
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draft human health criteria using
information sources and models that
have previously undergone external
peer review. A fact sheet and a summary
of updated input parameters (e.g.,
cancer slope factor, reference dose, and
bioaccumulation factors) used to derive
the updated criteria was prepared to
assist reviewers. EPA has also
developed chemical-specific support
documents for each of the ninety-four
chemical pollutants. The support
documents detail the latest scientific
information supporting the updated
draft human health criteria, particularly
the updated toxicity and exposure input
values. All of these documents are
available in the docket (EPA–HQ–OW–
2014–0135) and on EPA’s Web site
https://water.epa.gov/scitech/
swguidance/standards/criteria/current/
hhdraft.cfm.
IV. What is the relationship between
the draft national recommended water
quality criteria and your state or tribal
water quality standards?
As part of the water quality standards
triennial review process defined in
section 303(c)(1) of the CWA, the States
and authorized Tribes are responsible
for maintaining and revising water
quality standards. Water quality
standards consist of designated uses,
water quality criteria to protect those
uses, a policy for antidegradation, and
may include general policies for
application and implementation.
Section 303(c)(1) requires States and
authorized Tribes to review and modify,
if appropriate, their water quality
standards at least once every three
years.
States and authorized Tribes must
adopt water quality criteria that protect
designated uses. Protective criteria are
based on a sound scientific rationale
and contain sufficient parameters or
constituents to protect the designated
uses. Criteria may be expressed in either
narrative or numeric form. States and
authorized Tribes have four options
when adopting water quality criteria for
which EPA has published section 304(a)
criteria. They can:
(1) Establish numerical values based
on recommended section 304(a) criteria;
(2) Adopt section 304(a) criteria
modified to reflect site specific
conditions;
(3) Adopt criteria derived using other
scientifically defensible methods; or
(4) Establish narrative criteria where
numeric criteria cannot be determined
(40 CFR 131.11).
EPA believes that it is important for
States and authorized Tribes to consider
any new or updated 304(a) criteria as
part of their triennial review to ensure
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that state or tribal water quality
standards reflect current science and
protect applicable designated uses.
These updated criteria
recommendations may change based on
scientific views shared in response to
this notice, but once final they would
supersede EPA’s previous
recommendations.
Consistent with 40 CFR 131.21, new
or revised water quality criteria adopted
into law or regulation by States and
authorized Tribes on or after May 30,
2000 are in effect for CWA purposes
only after EPA approval.
Dated: April 29, 2014.
Nancy K. Stoner,
Acting Assistant Administrator, Office of
Water.
[FR Doc. 2014–10963 Filed 5–12–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9910–78–OGC]
Proposed Consent Decree, Clean Air
Act Citizen Suit
Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed Consent
Decree; Request for Public Comment.
AGENCY:
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 WildEarth
Guardians in the United States District
Court for the District of Colorado:
WildEarth Guardians v. McCarthy, Civil
Action No. 1:13–cv–03457–JLK (D.
Colo.). On December 23, 2013, Plaintiffs
filed a complaint alleging that Gina
McCarthy, in her official capacity as
Administrator of the United States
Environmental Protection Agency
(‘‘EPA’’), failed to take action on an
application for an Operating Permit
under Title V of the CAA, and EPA’s
implementing regulations for the
Deseret Bonanza coal-fired power plant,
which is located in Uintah County in
northeastern Utah, within the Uintah
and Ouray Indian Reservation, in the
timeframe required. The proposed
consent decree would establish
deadlines for EPA to take such action.
DATES: Written comments on the
proposed consent decree must be
received by June 12, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2014–0368 online at
www.regulations.gov (EPA’s preferred
SUMMARY:
E:\FR\FM\13MYN1.SGM
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Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Notices
method); by email to
oei.docket@epa.gov; by mail to EPA
Docket Center, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; or by
hand delivery or courier to EPA Docket
Center, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC, between 8:30 a.m. and 4:30 p.m.
Monday through Friday, excluding legal
holidays. Comments on a disk or CD–
ROM should be formatted in Word or
ASCII file, avoiding the use of special
characters and any form of encryption,
and may be mailed to the mailing
address above.
FOR FURTHER INFORMATION CONTACT:
Kristi M. Smith, Air and Radiation Law
Office (2344A), Office of General
Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone: (202)
564–3068; fax number: (202) 564–5603;
email address: smith.kristi@epa.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Additional Information About the
Proposed Consent Decree
The proposed consent decree would
resolve a lawsuit filed by WildEarth
Guardians (‘‘Guardians’’) seeking to
compel the Administrator to take action
on an application for an Operating
Permit under Title V of the CAA, 42
U.S.C. 7661—7661f, and EPA’s
implementing regulations at 40 CFR part
71 (‘‘Title V Permit’’), for the Deseret
Bonanza coal-fired power plant
(‘‘Deseret Bonanza Power Plant’’), which
is located in Uintah County in
northeastern Utah, within the Uintah
and Ouray Indian Reservation. Under
the terms of the proposed consent
decree, on or before August 29, 2014,
EPA will issue a final Title V permit
decision for the Deseret Bonanza Power
Plant and provide notice to Guardians
in accordance with 40 CFR 71.11(i). In
addition, the proposed consent decree
arranges for payment to the Plaintiffs for
the costs of litigation, including 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
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20:31 May 12, 2014
Jkt 232001
determines that consent to this consent
decree should be withdrawn, the terms
of the consent decree will be affirmed.
II. Additional Information About
Commenting cn 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–2014–0368 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.
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Sfmt 4703
27305
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: May 5, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014–10979 Filed 5–12–14; 8:45 am]
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FEDERAL COMMUNICATIONS
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Information Collection Being Reviewed
by the Federal Communications
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Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
SUMMARY:
E:\FR\FM\13MYN1.SGM
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Agencies
[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Notices]
[Pages 27304-27305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10979]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9910-78-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 WildEarth Guardians in the
United States District Court for the District of Colorado: WildEarth
Guardians v. McCarthy, Civil Action No. 1:13-cv-03457-JLK (D. Colo.).
On December 23, 2013, Plaintiffs filed a complaint alleging that Gina
McCarthy, in her official capacity as Administrator of the United
States Environmental Protection Agency (``EPA''), failed to take action
on an application for an Operating Permit under Title V of the CAA, and
EPA's implementing regulations for the Deseret Bonanza coal-fired power
plant, which is located in Uintah County in northeastern Utah, within
the Uintah and Ouray Indian Reservation, in the timeframe required. The
proposed consent decree would establish deadlines for EPA to take such
action.
DATES: Written comments on the proposed consent decree must be received
by June 12, 2014.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0368 online at www.regulations.gov (EPA's preferred
[[Page 27305]]
method); by email to oei.docket@epa.gov; by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.
FOR FURTHER INFORMATION CONTACT: Kristi M. Smith, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone: (202) 564-3068; fax number: (202) 564-5603; email address:
smith.kristi@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would resolve a lawsuit filed by
WildEarth Guardians (``Guardians'') seeking to compel the Administrator
to take action on an application for an Operating Permit under Title V
of the CAA, 42 U.S.C. 7661--7661f, and EPA's implementing regulations
at 40 CFR part 71 (``Title V Permit''), for the Deseret Bonanza coal-
fired power plant (``Deseret Bonanza Power Plant''), which is located
in Uintah County in northeastern Utah, within the Uintah and Ouray
Indian Reservation. Under the terms of the proposed consent decree, on
or before August 29, 2014, EPA will issue a final Title V permit
decision for the Deseret Bonanza Power Plant and provide notice to
Guardians in accordance with 40 CFR 71.11(i). In addition, the proposed
consent decree arranges for payment to the Plaintiffs for the costs of
litigation, including 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 cn 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-2014-0368 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 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: May 5, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-10979 Filed 5-12-14; 8:45 am]
BILLING CODE 6560-50-P