Proposed Consent Decree, Clean Air Act Citizen Suit, 63779-63780 [2015-26782]

Download as PDF Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2015–0691; FRL 9935–87– 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 Environmental Integrity Project and Sierra Club (collectively, ‘‘Plaintiffs’’): Environmental Integrity Project, et al. v. McCarthy, No. 1:15–CV–745 (ABJ) (D. D.C.). Plaintiffs filed a complaint alleging that Gina McCarthy, in her official capacity as 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 in October 2014, requesting that EPA object to a revised CAA Title V permit issued by the Texas Commission on Environmental Quality (‘‘TCEQ’’) to the Southwestern Electric Power Company for operation of the H.W. Pirkey Power Plant in Harrison County, Texas. 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 November 20, 2015. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2015–0691, 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: Amy Branning, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–1744; tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 fax number: (202) 564–5603; email address: branning.amy@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree The proposed consent decree would resolve a lawsuit filed by the Environmental Integrity Project and Sierra Club seeking to compel the Administrator to take action 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 the Plaintiffs regarding Southwestern Electric Power Company for operation of the H.W. Pirkey Power Plant in Harrison County, Texas, pursuant to section 505(b)(2) of the CAA, on or before February 12, 2016. 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 procedure for the Plaintiffs to request costs of litigation, including attorney fees. For a period of thirty (30) days following the date of publication of this notice, EPA 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 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–2015–0691 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 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 63779 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 to 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, E:\FR\FM\21OCN1.SGM 21OCN1 63780 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices 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 7, 2015. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2015–26782 Filed 10–20–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2015–0595; FRL–9935–88– OW] Notice of Public Meeting and Webinar and Request for Comment on the Draft Document ‘‘Technologies for Legionella Control: Scientific Literature Review’’ Environmental Protection Agency (EPA). ACTION: Notice of public meeting and request for comment. AGENCY: The U.S. Environmental Protection Agency (EPA) announces the release of a draft document, ‘‘Technologies for Legionella Control: Scientific Literature Review,’’ for public review and comment, and a public meeting, during which EPA will be seeking input on the draft document. The purpose of the draft document is to characterize the current state of knowledge regarding the use and effectiveness of available control technologies and approaches that can be used to address Legionella public health concerns in building water systems. The term ‘‘building water system’’ refers to the pipe infrastructure inside a building used to deliver finished drinking water intended for human consumption. For tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:39 Oct 20, 2015 Jkt 238001 the purpose of this draft document, the term excludes cooling towers. The draft document presents scientific information from peer reviewed literature related to control technologies. It does not rank or recommend any one technology over another. EPA developed the document to provide a non-regulatory tool to assist states and primacy agencies, building water system operators and building owners when making decisions about Legionella risk management options. Following the public review and comment opportunity, EPA will conduct an independent, expert peer review of the draft document before it is finalized and published. DATES: The public meeting will be held on November 9, 2015, from 1:00 p.m. to 5:30 p.m., eastern time. Persons wishing to attend the meeting in-person or online via webinar must register by November 3, 2015, as described in the SUPPLEMENTARY INFORMATION section. EPA will consider written comments received prior to November 23, 2015, when preparing the document for the external peer review. ADDRESSES: The public meeting will be held at the EPA Potomac Yard South Building, 1st Floor Conference Center (One Potomac Yard, 2777 S. Crystal Drive, Arlington, VA 22202). All attendees must show government-issued photo identification (e.g., a driver’s license) when signing in. This meeting will be simultaneously broadcasted as a webinar, available on the Internet. FOR FURTHER INFORMATION CONTACT: For ´ technical questions, contact Cesar Cordero, Standards and Risk Management Division, Office of Ground Water and Drinking Water at (202) 564– 3716 or cordero.cesar@epa.gov. For questions regarding registration for the public meeting, contact Sarah Rains at (703) 247–6195 or LegionellaMeeting@ cadmusgroup.com. SUPPLEMENTARY INFORMATION: I. General Information A. What is the scope and the intended audience of the draft document? The draft document provides an overview of Legionella ecology, physiology, occurrence and other topics relevant to the microorganism; an overview of systemic considerations for Legionella control; information on the current state of knowledge regarding the use and effectiveness of available control technologies for prevention and control of Legionella; a discussion about potential water quality issues that may result from the use of such technologies; and information on optimal operational PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 conditions for the use of control technologies. Legionella control issues in cooling towers are beyond the scope of the document. The target audience for the document includes, but is not limited to, primacy agencies, building water system operators, building owners and technology developers and vendors. B. How can I get copies of the draft document and other related information, and submit written comments? The draft document and other related information will be available in the Water Docket, identified by docket identification (ID) number EPA–HQ– OW–2015–0595, which is available at https://www.regulations.gov or at the Water Docket, Environmental Protection Agency, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The 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 Water Docket is (202) 566–2426. Please review the visitor instructions and additional information about the docket, available at https:// www2.epa.gov/dockets. Comments: Submit your comments, identified by Docket ID No. EPA–HQ– OW–2015–0595, to the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. If you need to include CBI as part of your comment, please visit https://www2.epa.gov/ dockets/comments.html for instructions. The written comment is considered the official comment and should include discussion of all points that you wish to make about the scientific aspects of the Legionella control technologies. For additional submission methods, the full EPA public comment policy and general guidance on making effective comments, please visit https:// www2.epa.gov/dockets/comments.html. When preparing the document for external peer review, EPA will consider written comments received prior to November 23, 2015. C. How may I participate in this meeting/webinar? Persons wishing to attend the public meeting in-person or online via webinar must register in advance no later than 5:00 p.m., eastern time on November 3, 2015. To register, go online to Eventbrite at https://us-epa-legionella-drinking- E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63779-63780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26782]



[[Page 63779]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2015-0691; FRL 9935-87-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 Environmental 
Integrity Project and Sierra Club (collectively, ``Plaintiffs''): 
Environmental Integrity Project, et al. v. McCarthy, No. 1:15-CV-745 
(ABJ) (D. D.C.). Plaintiffs filed a complaint alleging that Gina 
McCarthy, in her official capacity as 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 in October 2014, requesting that EPA object to 
a revised CAA Title V permit issued by the Texas Commission on 
Environmental Quality (``TCEQ'') to the Southwestern Electric Power 
Company for operation of the H.W. Pirkey Power Plant in Harrison 
County, Texas. 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 November 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0691, 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: Amy Branning, Air and Radiation Law 
Office, Office of General Counsel, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: 
(202) 564-1744; fax number: (202) 564-5603; email address: 
branning.amy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Environmental Integrity Project and Sierra Club seeking to compel the 
Administrator to take action 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 the Plaintiffs 
regarding Southwestern Electric Power Company for operation of the H.W. 
Pirkey Power Plant in Harrison County, Texas, pursuant to section 
505(b)(2) of the CAA, on or before February 12, 2016.
    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 
procedure for the Plaintiffs to request costs of litigation, including 
attorney fees.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA 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 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-2015-0691 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 to 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,

[[Page 63780]]

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 7, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-26782 Filed 10-20-15; 8:45 am]
BILLING CODE 6560-50-P
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