Proposed Consent Decree, Clean Air Act Citizen Suit, 44452-44453 [2014-18048]
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44452
Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices
The adequate particulate matter (PM)
and nitrogen oxides (NOX) MVEBs are
provided in Table 1.
TABLE 1—ON-ROAD MVEBS CONTAINED IN THE BALTIMORE, MD 1997 PM2.5 NONATTAINMENT AREA MAINTENANCE PLAN
FOR THE 1997 PM2.5 NAAQS
Motor vehicle emissions
budget for PM2.5 on-road
emissions
(tons per year)
Year
wreier-aviles on DSK5TPTVN1PROD with NOTICES
2017 .....................................................................................................................
2025 .....................................................................................................................
Transportation conformity is required
by section 176(c) of the Clean Air Act
(CAA). EPA’s conformity rule requires
that transportation plans, transportation
improvement programs, and projects
conform to SIPs and establishes the
criteria and procedures for determining
whether or not they do. Conformity to
a SIP means that transportation
activities will not produce new air
quality violations, worsen existing
violations, or delay timely attainment of
the national ambient air quality
standards.
The criteria by which EPA determines
whether a SIP’s MVEBs are adequate for
conformity purposes are outlined in 40
CFR 93.118(e)(4). EPA described the
process for determining the adequacy of
submitted SIP budgets in a July 1, 2004
preamble starting at 69 FR 40038 and
used the information in these resources
in making this adequacy determination.
The State of Maryland did not provide
emission budgets for sulfur dioxide
(SO2), volatile organic compounds
(VOCs), or ammonia for the Baltimore
Maintenance Plan because it concluded
that emissions of these precursors from
motor vehicles are not significant
contributors to the Area’s PM2.5 air
quality problem. The transportation
conformity rule provision at 40 CFR
93.102(b)(2)(v) indicates that conformity
does not apply for these precursors, due
to the lack of motor vehicle emissions
budgets for these precursors and state’s
conclusion that motor vehicle emissions
of SO2, VOCs, and ammonia do not
contribute significantly to the area’s
PM2.5 nonattainment problem. This
provision of the transportation
conformity rule predates and was not
disturbed by the January 4, 2013
decision in the litigation on the PM2.5
implementation rule.1 EPA has
1 EPA issued conformity regulations to implement
the 1997 PM2.5 NAAQS (69 FR 40004, July 1, 2004
and 70 FR 24280, May 6, 2005, respectively). Those
actions were not part of the final rule recently
remanded to EPA by the Court of Appeals for the
District of Columbia in NRDC v. EPA, No. 08–1250
(January 4, 2013), in which the Court remanded to
EPA the implementation rule for the PM2.5 NAAQS
because it concluded that EPA must implement that
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1,051.39
preliminarily concluded that
Maryland’s decision to not include
budgets for SO2, VOCs, and ammonia is
consistent with the requirements of the
transportation conformity rule. That
decision does not affect EPA’s adequacy
finding for the submitted PM2.5 and NOX
MVEBs for the Baltimore Maintenance
Plan.
Please note that an adequacy review
is separate from EPA’s completeness
review, and should not be used to
prejudge EPA’s ultimate approval action
for the SIP. Even if EPA finds the
budgets for the Baltimore Maintenance
Plan adequate, the SIP could later be
disapproved. The finding and the
response to comments are available at
EPA’s conformity Web site: https://
www.epa.gov/otaq/stateresources/
transconf/adequacy.htm.
Authority: 42 U.S.C. 7401–7671q.
Dated: July 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014–18046 Filed 7–30–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9914–60–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 the Center for
Biological Diversity in the United States
District Court for the Northern District
of California: Center for Biological
Diversity v. McCarthy, Civil Action No.
SUMMARY:
NAAQS pursuant to the PM-specific
implementation provisions of subpart 4 of Part D of
Title I of the CAA, rather than solely under the
general provisions of subpart 1.
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Mobile vehicle emissions
budget for NOX on-road
emissions
(tons per year)
29,892.01
21,594.96
4:13–cv–5142–SBA (N.D. Cal.). On
November 5, 2013, Plaintiff filed a
complaint; on January 28, 2014, Plaintiff
filed a first amended complaint; and on
January 30, 2014, Plaintiff filed a second
amended complaint. Plaintiff alleged
that Gina McCarthy, in her official
capacity as Administrator of the United
States Environmental Protection Agency
(‘‘EPA’’), failed to: (a) Perform a
mandatory duty to find that certain
states failed to submit nonattainment
state implementation plans (‘‘SIPs’’) for
named areas designated nonattainment
for the 2006 fine particulate matter, or
PM2.5, National Ambient Air Quality
Standard (‘‘NAAQS’’); and (b) take
timely final action to approve or
disapprove, in whole or in part, certain
2006 PM2.5 NAAQS nonattainment SIP
submissions addressing nonattainment
new source review from states for
named areas. The proposed consent
decree would establish deadlines for
EPA to take some of these actions.
DATES: Written comments on the
proposed consent decree must be
received by September 2, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2014–0553, online at
www.regulations.gov (EPA’s preferred
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:
Karen Bennett Bianco, Air and
Radiation Law Office (2344A), Office of
General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460;
E:\FR\FM\31JYN1.SGM
31JYN1
Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices
telephone: (202) 564–3298; fax number:
(202) 564–5603; email address:
bennett.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Consent Decree
The proposed consent decree would
resolve a lawsuit filed by the Center for
Biological Diversity seeking to compel
the Administrator to take actions under
CAA sections 110(k)(1)–(4). Under the
terms of the proposed consent decree,
EPA would agree to sign a notice of final
rulemaking to approve, disapprove, or
approve in part and disapprove in part,
certain nonattainment new source
review plans no later than the date
indicated for the following areas
designated nonattainment for the 2006
PM2.5 NAAQS: (a) Los Angeles—South
Coast, California area by April 15, 2015;
(b) San Joaquin Valley, California area
by September 1, 2014; and (c) Fairbanks,
Alaska area by December 31, 2014. If
either California or Alaska withdraws a
listed submittal, then EPA’s obligation
to take the required action is
automatically terminated.
Under the terms of the proposed
consent decree, EPA will deliver notice
of each action to the Office of the
Federal Register for review and
publication within 15 days of signature.
In addition, the proposed consent
decree outlines the procedure for the
Plaintiff to request 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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
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 OGC–2014–0553)
contains a copy of the proposed consent
decree. The official public docket is
available for public viewing at the
Office of Environmental Information
VerDate Mar<15>2010
14:56 Jul 30, 2014
Jkt 232001
(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
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
44453
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: July 23, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014–18048 Filed 7–30–14; 8:45 am]
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FEDERAL MARITIME COMMISSION
Ocean Transportation Intermediary
License Applicants
The Commission gives notice that the
following applicants have filed an
application for an Ocean Transportation
Intermediary (OTI) license as a NonVessel-Operating Common Carrier
(NVO) and/or Ocean Freight Forwarder
(OFF) pursuant to section 19 of the
Shipping Act of 1984 (46 U.S.C. 40101).
Notice is also given of the filing of
applications to amend an existing OTI
license or the Qualifying Individual (QI)
for a licensee.
Interested persons may contact the
Office of Ocean Transportation
Intermediaries, Federal Maritime
Commission, Washington, DC 20573, by
telephone at (202) 523–5843 or by email
at OTI@fmc.gov.
Daisy Mae Concepcion Viva Taleon dba
DMT Global Logistics (NVO & OFF),
634 N. Poplar Street, Unit H, Orange,
CA 92868, Officers: Daisy V. Taleon,
Managing Member (QI), Catherine V.
Guevara, Member, Application Type:
E:\FR\FM\31JYN1.SGM
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Agencies
[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44452-44453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18048]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9914-60-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 in the United States District Court for the Northern District
of California: Center for Biological Diversity v. McCarthy, Civil
Action No. 4:13-cv-5142-SBA (N.D. Cal.). On November 5, 2013, Plaintiff
filed a complaint; on January 28, 2014, Plaintiff filed a first amended
complaint; and on January 30, 2014, Plaintiff filed a second amended
complaint. Plaintiff alleged that Gina McCarthy, in her official
capacity as Administrator of the United States Environmental Protection
Agency (``EPA''), failed to: (a) Perform a mandatory duty to find that
certain states failed to submit nonattainment state implementation
plans (``SIPs'') for named areas designated nonattainment for the 2006
fine particulate matter, or PM2.5, National Ambient Air
Quality Standard (``NAAQS''); and (b) take timely final action to
approve or disapprove, in whole or in part, certain 2006
PM2.5 NAAQS nonattainment SIP submissions addressing
nonattainment new source review from states for named areas. The
proposed consent decree would establish deadlines for EPA to take some
of these actions.
DATES: Written comments on the proposed consent decree must be received
by September 2, 2014.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0553, online at www.regulations.gov (EPA's preferred 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: Karen Bennett Bianco, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460;
[[Page 44453]]
telephone: (202) 564-3298; fax number: (202) 564-5603; email address:
bennett.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would resolve a lawsuit filed by the
Center for Biological Diversity seeking to compel the Administrator to
take actions under CAA sections 110(k)(1)-(4). Under the terms of the
proposed consent decree, EPA would agree to sign a notice of final
rulemaking to approve, disapprove, or approve in part and disapprove in
part, certain nonattainment new source review plans no later than the
date indicated for the following areas designated nonattainment for the
2006 PM2.5 NAAQS: (a) Los Angeles--South Coast, California
area by April 15, 2015; (b) San Joaquin Valley, California area by
September 1, 2014; and (c) Fairbanks, Alaska area by December 31, 2014.
If either California or Alaska withdraws a listed submittal, then EPA's
obligation to take the required action is automatically terminated.
Under the terms of the proposed consent decree, EPA will deliver
notice of each action to the Office of the Federal Register for review
and publication within 15 days of signature. In addition, the proposed
consent decree outlines the procedure for the Plaintiff to request
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 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 OGC-2014-
0553) 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: July 23, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-18048 Filed 7-30-14; 8:45 am]
BILLING CODE 6560-50-P