Proposed Consent Decree, Clean Air Act Citizen Suit, 9849-9850 [2016-03753]

Download as PDF Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 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: Anthony Moffa, Air and Radiation Law Office (2322A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–1087; email address: moffa.anthony@epa.gov. SUPPLEMENTARY INFORMATION: and Trunkline Backhaul Projects, Comment Period Ends: 04/11/2016, Contact: Kevin Bowman 202–502– 6287 Dated: February 23, 2016. Dawn Roberts, Management Analyst, NEPA Compliance Division, Office of Federal Activities. [FR Doc. 2016–04184 Filed 2–25–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9942–74–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 Preserve Pepe‘ekeo Health and Environment (‘‘PPHE’’) in the United States District Court for the District of Hawai’i: PPHE v. McCarthy, Civil Action No. 1:15–cv– 00412–ACK–BMK (D. Haw.). On October 10, 2015, Plaintiff 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 PPHE on September 13, 2014 requesting that EPA object to a CAA Title V permit issued by the Environmental Management Division of the Clean Air Branch, Hawaii Department of Health, to Hu Honua Bioenergy, LLC, authorizing the operation of the Hu Honua Bioenergy Facility located in Pepe‘ekeo, Hawaii. 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 March 28, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2016–0055, 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., mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:41 Feb 25, 2016 Jkt 238001 I. Additional Information About the Proposed Consent Decree The proposed consent decree would resolve a lawsuit filed by PPHE seeking to compel the Administrator to take actions 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 PPHE regarding the Hu Honua Bioenergy Facility located in Pepe‘ekeo, Hawaii, pursuant to section 505(b)(2) of the CAA, on or before September 16, 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, 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 Docket ID No. PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 9849 EPA–HQ–OGC–2016–0055) 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, Confidential Business Information (‘‘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 E:\FR\FM\26FEN1.SGM 26FEN1 9850 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Notices 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: February 5, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016–03753 Filed 2–25–16; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0719] Information Collection Being Reviewed by the Federal Communications Commission Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:41 Feb 25, 2016 Jkt 238001 Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number. DATES: Written PRA comments should be submitted on or before April 26, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicole Ongele, FCC, via email PRA@ fcc.gov and to Nicole.Ongele@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Nicole Ongele at (202) 418–2991. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0719. Title: Quarterly Report of Local Exchange Carriers Listing Payphone Automatic Number Identifications (ANIs). Form Number: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit entities. Number of Respondents and Responses: 400 respondents; 1,600 responses. Estimated Time per Response: 3.5 hours (8 hours for the initial submission; 2 hours per subsequent submission—for an average of 3.5 hours per response). Frequency of Response: Quarterly reporting requirement, recordkeeping requirement and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151, 154, 201– PO 00000 Frm 00047 Fmt 4703 Sfmt 9990 205, 215, 218, 219, 220, 226 and 276 of the Communications Act of 1934, as amended. Total Annual Burden: 5,600 hours. Total Annual Cost: No cost. Privacy Impact Assessment: No impact(s). Nature and Extent of Confidentiality: The Commission is not requesting respondents to submit confidential information to the Commission. If the respondents wish confidential treatment of their information, they may request confidential treatment under 47 CFR 0.459 of the Commission’s rules. Needs and Uses: The Commission adopted rules and policies governing the payphone industry under section 276(b)(1)(A) of the Telecommunications Act of 1996 (the Act) and established ‘‘a per call compensation plan to ensure that all payphone service providers are fairly compensated for each and every completed intrastate and interstate call.’’ Pursuant to this mandate, and as required by section 64.1310(d) of the Commission’s rules, Local Exchange Carriers (LECs) must provide to carriers required to pay compensation pursuant to section 64.1300(a), a quarterly report listing payphone ANIs. Without provision of this report, resolution of disputed ANIs would be rendered very difficult. Carriers would not be able to discern which ANIs pertain to payphones and therefore would not be able to ascertain which dial-around calls were originated by payphones for compensation purposes. There would be no way to guard against possible fraud. Without this collection, lengthy investigations would be necessary to verify claims. The report allows carriers to determine which dial-around calls are made from payphones. The information must be provided to third parties. The requirement would be used to ensure that LECs and the carriers required to pay compensation pursuant to 47 CFR 64.1300(a) of the Commission’s rules comply with their obligations under the Telecommunications Act of 1996. Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary. [FR Doc. 2016–04129 Filed 2–25–16; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\26FEN1.SGM 26FEN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9849-9850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03753]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9942-74-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 Preserve Pepe`ekeo Health 
and Environment (``PPHE'') in the United States District Court for the 
District of Hawai'i: PPHE v. McCarthy, Civil Action No. 1:15-cv-00412-
ACK-BMK (D. Haw.). On October 10, 2015, Plaintiff 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 PPHE on September 13, 2014 requesting that EPA 
object to a CAA Title V permit issued by the Environmental Management 
Division of the Clean Air Branch, Hawaii Department of Health, to Hu 
Honua Bioenergy, LLC, authorizing the operation of the Hu Honua 
Bioenergy Facility located in Pepe`ekeo, Hawaii. 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 March 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0055, 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: Anthony Moffa, Air and Radiation Law 
Office (2322A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-1087; email address: moffa.anthony@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by PPHE 
seeking to compel the Administrator to take actions 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 
PPHE regarding the Hu Honua Bioenergy Facility located in Pepe`ekeo, 
Hawaii, pursuant to section 505(b)(2) of the CAA, on or before 
September 16, 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, 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 Docket ID 
No. EPA-HQ-OGC-2016-0055) 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, Confidential Business 
Information (``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

[[Page 9850]]

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: February 5, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-03753 Filed 2-25-16; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.