Proposed Consent Decree, Clean Air Act Citizen Suit, 19175-19176 [2016-07491]
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Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OGC–2016–0172; FRL–9944–41–
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 Center for
Biological Diversity, Center for
Environmental Health, and Neighbors
for Clean Air (‘‘Plaintiffs’’) in the United
States District Court for the Northern
District of California: Center for
Biological Diversity, et al. v. EPA, No.
4:15–cv–4663–SBA (N.D. CA.). On
December 14, 2015, Plaintiffs filed a
First Amended Complaint alleging that
Gina McCarthy, in her official capacity
as Administrator of the United States
Environmental Protection Agency
(‘‘EPA’’), failed to perform specific
duties mandated by the CAA. First,
Plaintiffs allege that EPA failed to make
a finding concerning whether the State
of California has made a complete state
implementation plan (‘‘SIP’’)
submission to address nonattainment
new source review (‘‘NNSR’’)
requirements related to the 2006 fine
particulate matter (‘‘PM2.5’’) National
Ambient Air Quality Standard
(‘‘NAAQS’’) for El Dorado and YoloSolano air districts in California.
Second, Plaintiffs allege that EPA failed
to take final action to approve,
disapprove, or conditionally approve, in
whole or in part, certain complete SIP
submissions from the States of Arizona,
California, Idaho, Oregon, and Utah
intended to address NNSR or other
specific requirements related to the
2006 PM2.5 NAAQS for certain
designated nonattainment areas. Third,
Plaintiffs allege that EPA has failed to
meet a duty to promulgate a federal
implementation plan (‘‘FIP’’) for the
State of Montana with respect to SIP
requirements pertaining to state boards
that approve permits or enforcement
orders, or to the head of an executive
agency with similar powers. 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 May 4, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:03 Apr 01, 2016
Jkt 238001
HQ–OGC–2016–0172, 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 various
actions required under CAA. The
proposed consent decree would
establish deadlines by which EPA must
take certain actions specified in order to
resolve the claims in the First Amended
Complaint. Those actions are described
generally below; see the proposed
consent decree for the specific details.
First, Plaintiffs allege that EPA failed
to meet a duty under section
110(k)(1)(B) to make a finding
concerning whether the State of
California has made a complete state
implementation plan (‘‘SIP’’)
submission to address nonattainment
new source review (‘‘NNSR’’)
requirements related to the 2006 fine
particulate matter (‘‘PM2.5’’) National
Ambient Air Quality Standard
(‘‘NAAQS’’) for El Dorado and YoloSolano air districts in California. In the
proposed consent decree, EPA agrees to
take action to determine whether or not
the state has made a complete SIP
submission to address these
requirements for each of these two areas
by no later than May 30, 2016.
Second, Plaintiffs allege that EPA
failed to meet a duty under section
110(k) to take final action to approve,
disapprove, or conditionally approve, in
whole or in part, certain complete SIP
submissions from the States of Arizona,
California, Idaho, Oregon, and Utah
intended to address NNSR or other
PO 00000
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Fmt 4703
Sfmt 4703
19175
specific requirements related to the
2006 PM2.5 NAAQS for certain
designated nonattainment areas. In the
proposed consent decree, EPA agrees to
take final action under section
110(k)(2)–(4) on each of the specific SIP
submissions identified in the table in
paragraph 1(b) of the proposed consent
decree. The dates for final action by
EPA for each of these SIP submissions
are likewise specified in the table in
paragraph 1(b) of the proposed consent
decree.
Third, Plaintiffs allege that EPA has
failed to meet a duty under section
110(c) to promulgate a federal
implementation plan (‘‘FIP’’) for the
State of Montana with respect to
requirements of section 110(a)(2)(E)(ii)
and section 128 pertaining to state
boards that approve permits or
enforcement orders, or to the head of an
executive agency with similar powers.
In the proposed consent decree, EPA
agrees to take final action no later than
September 30, 2016, with respect to this
claim.
For all of the actions governed by the
proposed consent decree, EPA would be
required to deliver the notice to the
Office of Federal Register for review and
publication within 15 days of signature.
The proposed consent decree is in the
docket for this action. 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–HQ–OGC–
2016–0172) 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
E:\FR\FM\04APN1.SGM
04APN1
19176
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
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.
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
AGENCY:
VerDate Sep<11>2014
19:03 Apr 01, 2016
Jkt 238001
Dated: March 23, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016–07491 Filed 4–1–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2015–0753; FRL 9944-46–
OW]
Recommended Aquatic Life Ambient
Water Quality Criteria for Cadmium—
2016
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
The Environmental Protection
Agency (EPA) is announcing the release
of recommended aquatic life water
quality criteria for cadmium. EPA has
updated its national recommended
ambient water quality criteria for
cadmium in order to reflect the latest
scientific information, and current EPA
policies and methods. EPA’s water
quality criteria for cadmium provides
recommendations to states and tribes
authorized to establish water quality
standards under the Clean Water Act. In
adopting water quality standards, states
set exposure protections for aquatic life;
acute exposure to cadmium results in
lethality, while chronic exposure to
cadmium negatively impacts growth,
development, behavior, reproduction,
and immune and endocrine systems in
SUMMARY:
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aquatic life. Cadmium enters the
environment by natural and human
processes, however, human sources,
such as mining and urban processes, are
responsible for contributing
approximately 90 percent of the
cadmium found in surface waters.
FOR FURTHER INFORMATION CONTACT:
Mike Elias, Health and Ecological
Criteria Division, Office of Water (Mail
Code 4304T), Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone
number: (202) 566–0120; email address:
elias.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How can I get copies of this
document and other related
information?
1. Docket. EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2015–0753. Publicly
available docket materials are available
either electronically through
www.regulations.gov or in hard copy at
the Water Docket in the EPA Docket
Center, (EPA/DC) 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 Water
Docket is (202) 566–2426.
2. Electronic Access. You may access
this Federal Register document
electronically from the Government
Printing Office under the ‘‘Federal
Register’’ listings on FDSys (https://
www.gpo.gov/fdsys/browse/
collection.action?collectionCode=FR).
II. What are EPA’s recommended water
quality criteria?
EPA’s recommended water quality
criteria are scientifically derived
numeric values that protect aquatic life
or human health from the deleterious
effects of pollutants in ambient water.
Section 304(a)(1) of the Clean Water Act
(CWA) directs EPA to develop and
publish and, from time to time, revise
criteria for protection of aquatic life and
human health that accurately reflect the
latest scientific knowledge. Water
quality criteria developed under section
304(a) are based solely on data and the
latest scientific knowledge 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
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Notices]
[Pages 19175-19176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07491]
[[Page 19175]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2016-0172; FRL-9944-41-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 Center for Biological
Diversity, Center for Environmental Health, and Neighbors for Clean Air
(``Plaintiffs'') in the United States District Court for the Northern
District of California: Center for Biological Diversity, et al. v. EPA,
No. 4:15-cv-4663-SBA (N.D. CA.). On December 14, 2015, Plaintiffs filed
a First Amended Complaint alleging that Gina McCarthy, in her official
capacity as Administrator of the United States Environmental Protection
Agency (``EPA''), failed to perform specific duties mandated by the
CAA. First, Plaintiffs allege that EPA failed to make a finding
concerning whether the State of California has made a complete state
implementation plan (``SIP'') submission to address nonattainment new
source review (``NNSR'') requirements related to the 2006 fine
particulate matter (``PM2.5'') National Ambient Air Quality Standard
(``NAAQS'') for El Dorado and Yolo-Solano air districts in California.
Second, Plaintiffs allege that EPA failed to take final action to
approve, disapprove, or conditionally approve, in whole or in part,
certain complete SIP submissions from the States of Arizona,
California, Idaho, Oregon, and Utah intended to address NNSR or other
specific requirements related to the 2006 PM2.5 NAAQS for
certain designated nonattainment areas. Third, Plaintiffs allege that
EPA has failed to meet a duty to promulgate a federal implementation
plan (``FIP'') for the State of Montana with respect to SIP
requirements pertaining to state boards that approve permits or
enforcement orders, or to the head of an executive agency with similar
powers. 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 May 4, 2016.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0172, 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 various actions required under
CAA. The proposed consent decree would establish deadlines by which EPA
must take certain actions specified in order to resolve the claims in
the First Amended Complaint. Those actions are described generally
below; see the proposed consent decree for the specific details.
First, Plaintiffs allege that EPA failed to meet a duty under
section 110(k)(1)(B) to make a finding concerning whether the State of
California has made a complete state implementation plan (``SIP'')
submission to address nonattainment new source review (``NNSR'')
requirements related to the 2006 fine particulate matter (``PM2.5'')
National Ambient Air Quality Standard (``NAAQS'') for El Dorado and
Yolo-Solano air districts in California. In the proposed consent
decree, EPA agrees to take action to determine whether or not the state
has made a complete SIP submission to address these requirements for
each of these two areas by no later than May 30, 2016.
Second, Plaintiffs allege that EPA failed to meet a duty under
section 110(k) to take final action to approve, disapprove, or
conditionally approve, in whole or in part, certain complete SIP
submissions from the States of Arizona, California, Idaho, Oregon, and
Utah intended to address NNSR or other specific requirements related to
the 2006 PM2.5 NAAQS for certain designated nonattainment
areas. In the proposed consent decree, EPA agrees to take final action
under section 110(k)(2)-(4) on each of the specific SIP submissions
identified in the table in paragraph 1(b) of the proposed consent
decree. The dates for final action by EPA for each of these SIP
submissions are likewise specified in the table in paragraph 1(b) of
the proposed consent decree.
Third, Plaintiffs allege that EPA has failed to meet a duty under
section 110(c) to promulgate a federal implementation plan (``FIP'')
for the State of Montana with respect to requirements of section
110(a)(2)(E)(ii) and section 128 pertaining to state boards that
approve permits or enforcement orders, or to the head of an executive
agency with similar powers. In the proposed consent decree, EPA agrees
to take final action no later than September 30, 2016, with respect to
this claim.
For all of the actions governed by the proposed consent decree, EPA
would be required to deliver the notice to the Office of Federal
Register for review and publication within 15 days of signature.
The proposed consent decree is in the docket for this action. 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-HQ-
OGC-2016-0172) 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
[[Page 19176]]
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: March 23, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-07491 Filed 4-1-16; 8:45 am]
BILLING CODE 6560-50-P