Proposed Consent Decree, Clean Air Act Citizen Suit, 42351-42352 [2016-15412]

Download as PDF Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices Federal Regulations (CFR) part 93, requires that transportation plans, programs and projects conform to state air quality implementation plans and establishes the criteria and procedures for determining whether or not they do so. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards. The criteria by which EPA determines whether a SIP’s MVEB is adequate for transportation conformity purposes are outlined in 40 CFR 93.118(e)(4). We have also described the process for determining the adequacy of submitted SIP budgets in our July 1, 2004, final rulemaking entitled, ‘‘Transportation Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National Ambient Air Quality Standards and Miscellaneous Revisions for Existing Areas; Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes’’ (69 FR 40004). Please note that an adequacy review is separate from EPA’s completeness review, and it should not be used to prejudge EPA’s ultimate approval of the Baton Rouge Maintenance Plan SIP revision submittal. Even if EPA finds the budgets adequate, the Baton Rouge Maintenance Plan SIP revision submittal could later be disapproved. These new MVEBs are effective July 14, 2016. Within 24 months from the effective date of this notice, the Baton Rouge area transportation partners, such as the Capital Region Planning Commission, will need to demonstrate conformity to the new MVEBs if the demonstration has not already been made, pursuant to 40 CFR 93.104(e). See 73 FR 4419 (January 24, 2008). Authority: 42 U.S.C. 7401 et seq. Dated: June 17, 2016. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2016–15408 Filed 6–28–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY mstockstill on DSK3G9T082PROD with NOTICES [EPA–HQ–OGC–2016–0364; FRL 9948–50– OGC] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 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 Sierra Club (‘‘Plaintiff’’) in the United States District Court for the Northern District of California: Sierra Club v. Gina McCarthy, No. 3:15–cv–04328–JD (N.D. Cal.). On September 22, 2015, Plaintiffs filed this matter against Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (‘‘EPA’’). On February 9, 2016, Plaintiff filed a first amended complaint alleging that, with respect to the 2008 ozone national ambient air quality standards (‘‘NAAQS’’), EPA has failed to perform non-discretionary duties (1) to take final action on portions of state implementation plan (‘‘SIP’’) submissions from Louisiana, Montana, New Jersey, New York, South Dakota, Wisconsin, and Wyoming intended to address various interstate transport requirements, and (2) to promulgate a federal implementation plan (‘‘FIP’’) for certain SIP elements for California and Kentucky. The proposed consent decree would establish a deadline for EPA to take certain specified actions. SUMMARY: Written comments on the proposed consent decree must be received by July 29, 2016. DATES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2016–0364, 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Zachary Pilchen, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–2812; fax number (202) 564–5603; email address: pilchen.zach@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 42351 I. Additional Information About the Proposed Consent Decree This proposed consent decree would resolve a lawsuit filed by Plaintiffs seeking to compel the Administrator to take action under CAA section 110(k)(2)–(4). Plaintiffs allege that the Administrator has failed to perform a non-discretionary duty to take final action on the portion of Louisiana’s SIP submission intended to address the requirements of 42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone NAAQS. Under the terms of the proposed consent decree, EPA would agree to take certain specified actions by August 1, 2016, by October 3, 2016, and by December 15, 2017 to resolve those claims. See the proposed consent decree for more details. Plaintiffs also allege that the Administrator has failed to perform a non-discretionary duty to take final action on the portion of New Jersey’s SIP submission intended to address requirements of 42 U.S.C. 7410(a)(2)(D)(i)(II) for the 2008 ozone NAAQS. Under the terms of the proposed consent decree, EPA would agree to take certain specified actions by September 30, 2016 to resolve those claims. See the proposed consent decree for more details. Plaintiffs also allege that the Administrator has failed to perform a non-discretionary duty to take final action on the portion of New York’s SIP submission intended to address requirements of 42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone NAAQS. Under the terms of the proposed consent decree, EPA would agree to take certain specified actions by August 15, 2016 and by November 1, 2016 to resolve those claims. See the proposed consent decree for more details. Plaintiffs also allege that the Administrator has failed to perform a non-discretionary duty to take final action on the portion of Wisconsin’s SIP submission intended to address certain requirements of 42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone NAAQS. Under the terms of the proposed consent decree, EPA would agree to take certain specified actions by August 1, 2016 and by December 16, 2016 to resolve those claims. See the proposed consent decree for more details. Plaintiffs also allege that the Administrator has failed to perform a non-discretionary duty to take final action on the portion of Wisconsin’s SIP submission intended to address certain requirements of 42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone E:\FR\FM\29JNN1.SGM 29JNN1 42352 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices NAAQS. Under the terms of the proposed consent decree, EPA would agree to take certain specified actions by September 30, 2016 and by November 18, 2016 to resolve those claims. See the proposed consent decree for more details. Plaintiffs also allege that the Administrator has failed to perform a non-discretionary duty to promulgate a FIP for California to address certain requirements of 42 U.S.C. 7410(a)(2)(A)– (C), (D)(i)(II)–(H), and (J)–(M) for the 2008 ozone NAAQS. Under the terms of the proposed consent decree, EPA would agree to take certain specified actions by September 23, 2016, by December 16, 2016, by March 15, 2017, and by December 15, 2017 to resolve those claims. See the proposed consent decree for more details. The proposed consent decree also provides for the possibility that circumstances beyond EPA’s reasonable control could delay compliance with these deadlines, and provides a framework for extending these deadlines. In addition, the proposed consent decree outlines a process for Plaintiff to seek payment for the 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. mstockstill on DSK3G9T082PROD 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 Docket ID No. EPA–HQ–OGC–2016–0364) 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 VerDate Sep<11>2014 17:18 Jun 28, 2016 Jkt 238001 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 the 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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: June 20, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016–15412 Filed 6–28–16; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0975] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget 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 Communication Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: 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 SUMMARY: E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42351-42352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15412]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2016-0364; FRL 9948-50-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 Sierra Club 
(``Plaintiff'') in the United States District Court for the Northern 
District of California: Sierra Club v. Gina McCarthy, No. 3:15-cv-
04328-JD (N.D. Cal.). On September 22, 2015, Plaintiffs filed this 
matter against Gina McCarthy, in her official capacity as Administrator 
of the United States Environmental Protection Agency (``EPA''). On 
February 9, 2016, Plaintiff filed a first amended complaint alleging 
that, with respect to the 2008 ozone national ambient air quality 
standards (``NAAQS''), EPA has failed to perform non-discretionary 
duties (1) to take final action on portions of state implementation 
plan (``SIP'') submissions from Louisiana, Montana, New Jersey, New 
York, South Dakota, Wisconsin, and Wyoming intended to address various 
interstate transport requirements, and (2) to promulgate a federal 
implementation plan (``FIP'') for certain SIP elements for California 
and Kentucky. The proposed consent decree would establish a deadline 
for EPA to take certain specified actions.

DATES: Written comments on the proposed consent decree must be received 
by July 29, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0364, 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: Zachary Pilchen, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-2812; fax number (202) 564-5603; email address: 
pilchen.zach@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit filed by 
Plaintiffs seeking to compel the Administrator to take action under CAA 
section 110(k)(2)-(4). Plaintiffs allege that the Administrator has 
failed to perform a non-discretionary duty to take final action on the 
portion of Louisiana's SIP submission intended to address the 
requirements of 42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone NAAQS. 
Under the terms of the proposed consent decree, EPA would agree to take 
certain specified actions by August 1, 2016, by October 3, 2016, and by 
December 15, 2017 to resolve those claims. See the proposed consent 
decree for more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to take final action on the portion of New 
Jersey's SIP submission intended to address requirements of 42 U.S.C. 
7410(a)(2)(D)(i)(II) for the 2008 ozone NAAQS. Under the terms of the 
proposed consent decree, EPA would agree to take certain specified 
actions by September 30, 2016 to resolve those claims. See the proposed 
consent decree for more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to take final action on the portion of New 
York's SIP submission intended to address requirements of 42 U.S.C. 
7410(a)(2)(D)(i) for the 2008 ozone NAAQS. Under the terms of the 
proposed consent decree, EPA would agree to take certain specified 
actions by August 15, 2016 and by November 1, 2016 to resolve those 
claims. See the proposed consent decree for more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to take final action on the portion of 
Wisconsin's SIP submission intended to address certain requirements of 
42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone NAAQS. Under the terms of 
the proposed consent decree, EPA would agree to take certain specified 
actions by August 1, 2016 and by December 16, 2016 to resolve those 
claims. See the proposed consent decree for more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to take final action on the portion of 
Wisconsin's SIP submission intended to address certain requirements of 
42 U.S.C. 7410(a)(2)(D)(i) for the 2008 ozone

[[Page 42352]]

NAAQS. Under the terms of the proposed consent decree, EPA would agree 
to take certain specified actions by September 30, 2016 and by November 
18, 2016 to resolve those claims. See the proposed consent decree for 
more details.
    Plaintiffs also allege that the Administrator has failed to perform 
a non-discretionary duty to promulgate a FIP for California to address 
certain requirements of 42 U.S.C. 7410(a)(2)(A)-(C), (D)(i)(II)-(H), 
and (J)-(M) for the 2008 ozone NAAQS. Under the terms of the proposed 
consent decree, EPA would agree to take certain specified actions by 
September 23, 2016, by December 16, 2016, by March 15, 2017, and by 
December 15, 2017 to resolve those claims. See the proposed consent 
decree for more details.
    The proposed consent decree also provides for the possibility that 
circumstances beyond EPA's reasonable control could delay compliance 
with these deadlines, and provides a framework for extending these 
deadlines. In addition, the proposed consent decree outlines a process 
for Plaintiff to seek payment for the 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 proposed consent decree?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2016-0364) 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 the 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: June 20, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-15412 Filed 6-28-16; 8:45 am]
 BILLING CODE 6560-50-P