Proposed Consent Decree, Clean Air Act Citizen Suit, 63782-63783 [2015-26780]

Download as PDF 63782 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices Notice of proposed settlement; request for public comments. ACTION: Notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Peabody Street Asbestos Superfund Site, located in Salem, Essex County, Massachusetts with the settling parties Massachusetts Electric Company and National Grid USA. The proposed settlement requires the settling parties to pay $850,000, plus interest, to the Hazardous Substance Superfund. In exchange, EPA will provide the settling parties a covenant not to sue. The settlement has been approved by the Environmental and Natural Resources Division of the United States Department of Justice. For 30 days following the date of publication of this notice, the Agency will receive written comments relating to the settlement for recovery of response costs. The Agency will consider all comments received and may modify or withdraw its consent to this cost recovery settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency’s response to any comments received will be available for public inspection at the Salem Public Library, 370 Essex Street, Salem, MA 01970 and at the Environmental Protection Agency—Region I, 5 Post Office Square, Suite 100, Boston, MA 02109–3912. DATES: Comments must be submitted by November 20, 2015. ADDRESSES: Comments should be addressed to Kevin Pechulis, Enforcement Counsel, U.S. Environmental Protection Agency, 5 Post Office Square, Suite 100 (OES04–2), Boston, MA 02109–3912 (Telephone No. 617–918–1612) and should reference the Peabody Street Asbestos Superfund Site, U.S. EPA Docket No: 01–2015–0052. FOR FURTHER INFORMATION CONTACT: A copy of the proposed settlement may be obtained from Stacy Greendlinger, Office of Site Remediation and Restoration, U.S. Environmental Protection Agency, Region I, 5 Post Office Square, Suite 100 (OSRR02–2), Boston, MA 02109–3912, (617) 918– 1403; greendlinger.stacy@epa.gov. Technical questions can also be directed to Stacy Greendlinger. For legal questions, Kevin Pechulis, Office of Environmental Stewardship, U.S. Environmental Protection Agency, 5 Post Office Square, Suite 100 (OES04–3), Boston, MA 02109–3912, (617) 918–1612; Pechulis.kevin@ epa.gov. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 This proposed administrative settlement for recovery of past response costs concerning the Peabody Street Asbestos Superfund Site, located in Salem, Essex County, Massachusetts is made in accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(i). The settling parties to this administrative settlement include: Massachusetts Electric Company and National Grid USA. The settlement includes a covenant not to sue the settling parties pursuant to Section 106 of CERCLA, 42 U.S.C. 9606, and Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For 30 days following the date of publication of this notice, the Agency will receive written comments relating to the settlement for recovery of response costs (Section XIV of the proposed settlement). SUPPLEMENTARY INFORMATION: Dated: October 7, 2015. Nancy Barmakian, Acting Director, Office of Site Remediation and Restoration. [FR Doc. 2015–26781 Filed 10–20–15; 8:45 am] BILLING CODE 6560–50P ENVIRONMENTAL PROTECTION AGENCY [EPA–OGC–2015–0677; FRL 9935–89–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 Sierra Club and Physicians For Social Responsibility—Los Angeles (‘‘Plaintiffs’’) in the United States District Court for the Central District of California: Sierra Club, et al. v. EPA, No. 2:15–cv–3798–ODW (ASx) (C.D. CA.) (filed May 20, 2015). Plaintiffs filed a lawsuit alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (‘‘EPA’’) and Jared Blumenfeld, in his official capacity as Regional Administrator of the United States Environmental Protection Agency, Region IX (collectively, ‘‘EPA’’), failed to perform duties mandated by CAA to take final action to approve or disapprove, in whole or in part, the portions of the South Coast Air SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 Quality Management District’s Final 2012 Air Quality Management Plan that address attainment of the 2006 fine particulate matter (‘‘PM2.5’’) NAAQS, which California submitted to EPA on February 13, 2013. The proposed consent decree would establish deadlines for EPA to take certain specified actions. DATES: Written comments on the proposed consent decree must be received by November 20, 2015. ADDRESSES: Submit your comments, identified by Docket ID number EPA– OGC–2015–0677, 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: Geoffrey L. Wilcox, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–5601; fax number: (202) 564–5603; email address: wilcox.geoffrey@epa.gov. 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 EPA to take actions required under CAA section 110(k)(2)– (4). The Plaintiffs’ lawsuit alleged that EPA has a mandatory duty to take final action to approve or disapprove, in whole or in part, the portions of the South Coast Air Quality Management District’s Final 2012 Air Quality Management Plan that address attainment of the 2006 PM2.5 NAAQS. California made this SIP submission on February 13, 2013. The submission was complete by operation of law on August 13, 2013. Section 110(k)(2) requires EPA to take action on a SIP submission within one year of the date it is complete. The Plaintiffs allege that EPA had a mandatory duty to take action on the submission by August 13, 2014. Under the terms of the proposed consent decree, EPA must take final action no later than March 15, 2016, E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices with respect to this claim. See the proposed consent decree for the specific details. 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 proposed consent decree should be withdrawn, the terms of the consent decree will be affirmed. tkelley on DSK3SPTVN1PROD with NOTICES II. Additional Information About Commenting on the proposed consent decree A. How can I get a copy of the proposed consent decree? The official public docket for this action (identified by EPA–OGC–2015– 0677) contains a copy of the proposed partial 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 VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 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. PO 00000 Frm 00047 Fmt 4703 Sfmt 9990 63783 Dated: October 13, 2015. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2015–26780 Filed 10–20–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9935–95–OA] Notice of Meeting of the EPA Children’s Health Protection Advisory Committee (CHPAC) AGENCY: Environmental Protection Agency. ACTION: Notice of meeting. Pursuant to the provisions of the Federal Advisory Committee Act, Public Law 92–463, notice is hereby given that the next meeting of the Children’s Health Protection Advisory Committee (CHPAC) will be held November 12 and 13, 2015 at the National Archives Museum (700 Pennsylvania Avenue NW., Washington, DC 20408) in the Jefferson Room. The CHPAC advises the Environmental Protection Agency on science, regulations, and other issues relating to children’s environmental health. SUMMARY: DATES: November 12 and 13, 2015. 700 Pennsylvania Avenue NW., Washington, DC 20408. Enter on 7th Street near Constitution Avenue. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Martha Berger, Office of Children’s Health Protection, USEPA, MC 1107T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 564–2191 or berger.martha@epa.gov. The meetings of the CHPAC are open to the public. The CHPAC will meet on Thursday, November 12 from 1 p.m. to 5:30 p.m. and Friday, November 13 from 9 a.m. to 4 p.m. in the Jefferson Room. An agenda will be posted to epa.gov/ children. Access and Accommodations: For information on access or services for individuals with disabilities, please contact Martha Berger at 202–564–2191 or berger.martha@epa.gov., preferably at least 10 days prior to the meeting. SUPPLEMENTARY INFORMATION: Martha Berger, Designated Federal Official. [FR Doc. 2015–26732 Filed 10–20–15; 8:45 am] BILLING CODE P E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63782-63783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26780]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-OGC-2015-0677; FRL 9935-89-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 Sierra Club and Physicians 
For Social Responsibility--Los Angeles (``Plaintiffs'') in the United 
States District Court for the Central District of California: Sierra 
Club, et al. v. EPA, No. 2:15-cv-3798-ODW (ASx) (C.D. CA.) (filed May 
20, 2015). Plaintiffs filed a lawsuit alleging that Gina McCarthy, in 
her official capacity as Administrator of the United States 
Environmental Protection Agency (``EPA'') and Jared Blumenfeld, in his 
official capacity as Regional Administrator of the United States 
Environmental Protection Agency, Region IX (collectively, ``EPA''), 
failed to perform duties mandated by CAA to take final action to 
approve or disapprove, in whole or in part, the portions of the South 
Coast Air Quality Management District's Final 2012 Air Quality 
Management Plan that address attainment of the 2006 fine particulate 
matter (``PM2.5'') NAAQS, which California submitted to EPA 
on February 13, 2013. The proposed consent decree would establish 
deadlines for EPA to take certain specified actions.

DATES: Written comments on the proposed consent decree must be received 
by November 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
OGC-2015-0677, 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: Geoffrey L. Wilcox, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5601; fax number: (202) 564-5603; email address: 
wilcox.geoffrey@epa.gov.

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 EPA to take actions required under CAA 
section 110(k)(2)-(4). The Plaintiffs' lawsuit alleged that EPA has a 
mandatory duty to take final action to approve or disapprove, in whole 
or in part, the portions of the South Coast Air Quality Management 
District's Final 2012 Air Quality Management Plan that address 
attainment of the 2006 PM2.5 NAAQS. California made this SIP 
submission on February 13, 2013. The submission was complete by 
operation of law on August 13, 2013. Section 110(k)(2) requires EPA to 
take action on a SIP submission within one year of the date it is 
complete. The Plaintiffs allege that EPA had a mandatory duty to take 
action on the submission by August 13, 2014. Under the terms of the 
proposed consent decree, EPA must take final action no later than March 
15, 2016,

[[Page 63783]]

with respect to this claim. See the proposed consent decree for the 
specific details.
    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 proposed 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 proposed consent decree?

    The official public docket for this action (identified by EPA-OGC-
2015-0677) contains a copy of the proposed partial 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: October 13, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-26780 Filed 10-20-15; 8:45 am]
BILLING CODE 6560-50-P
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