Proposed Consent Decree, Clean Air Act Citizen Suit, 83235-83236 [2016-27983]

Download as PDF Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices Issued in Washington, DC, on November 15, 2016. Michael Berube, Director, Vehicle Technologies Office, Energy Efficiency and Renewable Energy. [FR Doc. 2016–27939 Filed 11–18–16; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9955–42-Region 9] Section 9 Lease Site, Coconino County, AZ; Notice of Proposed CERCLA Settlement Agreement for Recovery of Past Response Costs Environmental Protection Agency (EPA). ACTION: Notice; request for comment. AGENCY: In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement with two parties for recovery of response costs concerning the Section 9 Lease Site in Coconino County, Arizona. The settlement is entered into pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. 9622(h)(1), and it requires the settling parties to pay $230,000 to the United States Environmental Protection Agency (EPA). The settlement includes a covenant not to sue the settling parties for certain costs pursuant to Sections 106 or 107(a) of CERCLA, 42 U.S.C. 9606 or 9607(a). For thirty (30) days following the date of publication of this Notice in the Federal Register, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate the proposed settlement is inappropriate, improper, or inadequate. The Agency’s response to any comments received will be available for public inspection at 75 Hawthorne Street, San Francisco, CA 94105. DATES: Pursuant to Section 122(i) of CERCLA, EPA will receive written comments relating to this proposed settlement for thirty (30) days following the date of publication of this Notice in the Federal Register. ADDRESSES: The proposed settlement is available for public inspection at EPA Region IX, 75 Hawthorne Street, San Francisco, California. A copy of the proposed settlement may be obtained from Joshua Wirtschafter, EPA Region asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:09 Nov 18, 2016 Jkt 241001 IX, 75 Hawthorne Street, ORC–3, San Francisco, CA 94105, telephone number 415–972–3912. Comments should reference the Section 9 Lease Site, Coconino County, Arizona, and should be addressed to Joshua Wirtschafter at the above address. FOR FURTHER INFORMATION CONTACT: Joshua Wirtschafter, Assistant Regional Counsel (ORC–3), Office of Regional Counsel, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105; phone: (415) 972–3912; fax: (417) 947–3570; email: wirtschafter.joshua@ epa.gov. SUPPLEMENTARY INFORMATION: Parties to the Proposed Settlement: Babbitt Ranches, LLC and C.O. Bar, Inc. Dated: November 4, 2016. Enrique Manzanilla, Director, Superfund Division, U.S. EPA, Region IX. [FR Doc. 2016–27978 Filed 11–18–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2016–0643; FRL 9955–41– 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 Donald van der Vaart, in his official capacity as Secretary of North Carolina Department of Environmental Quality (‘‘NCDEQ’’), and by NCDEQ (collectively ‘‘Plaintiffs’’) in the United States District Court for the Eastern District of North Carolina: Donald van der Vaart, et al. v. McCarthy, et al., No. 4:16–cv–01946– SBA (E.D. N.C.). On June 24, 2016, Plaintiffs filed an amended complaint alleging that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (‘‘EPA’’) failed to perform duties mandated by CAA to take final action to approve or disapprove the December 9, 2013 Petition submitted by several states within the Ozone Transport Region (‘‘OTR’’) requesting EPA to expand the OTR to include North Carolina, among other states. The proposed consent decree would establish deadlines for EPA to take certain specified actions with respect to SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 83235 the December 9, 2013 Petition related to North Carolina. DATES: Written comments on the proposed consent decree must be received by December 21, 2016. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2016–0643, online at www.regulations.gov. For comments submitted at www.regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA generally will not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Alexander Bond, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–3822; fax number: (202) 564–5603; email address: Bond.Alexander@ epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree On June 24, 2016, Plaintiffs filed an amended complaint alleging that EPA failed to perform duties mandated by CAA to take final action to approve or disapprove the December 9, 2013 Petition submitted by several states within the OTR requesting EPA to expand the OTR pursuant to 42 U.S.C 7506a(a) to include North Carolina and several other states. Under the terms of the proposed consent decree, EPA must sign a notice for public comment that proposes certain actions regarding the December 9, 2013 Petition as to the State of North Carolina, no later than January 18, 2017, and must sign a final E:\FR\FM\21NON1.SGM 21NON1 83236 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices notice of final action regarding the petition as to North Carolina thereon no later than October 27, 2017. See the proposed consent decree for the specific details. For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed consent decree from persons who are not named as parties or intervenors to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determines that consent to this proposed consent decree should be withdrawn, the terms of the consent decree will be affirmed. asabaliauskas on DSK3SPTVN1PROD with NOTICES II. Additional Information About Commenting on the Proposed Consent Decree. A. How can I get a copy of the proposed consent decree? The official public docket for this action (identified by EPA–HQ–OGC– 2016–0643) 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, CBI, or other information whose disclosure is restricted by statute. Information VerDate Sep<11>2014 18:09 Nov 18, 2016 Jkt 241001 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. PO 00000 Frm 00041 Fmt 4703 Sfmt 9990 Dated: November 7, 2016. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2016–27983 Filed 11–18–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [CERCLA–04–2017–3750; FRL–9955–46– Region 4] Crowders Mountain Site, Kings Mountain, Gaston County, North Carolina; Notice of Settlement Environmental Protection Agency. ACTION: Notice of settlement. AGENCY: Under 122(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into a settlement with North Carolina Department of Natural and Cultural Resources, concerning the Crowders Mountain Superfund Site located in Kings Mountain, Gaston County, North Carolina. The settlement addresses recovery of CERCLA costs for a cleanup action performed by the EPA at the Site. DATES: The Agency will consider public comments on the settlement until December 21, 2016. The Agency will consider all comments received and may modify or withdraw its consent to the proposed settlement if comments received disclose facts or considerations which indicate that the proposed settlement is inappropriate, improper, or inadequate. ADDRESSES: Copies of the settlement are available from the Agency by contacting Ms. Paula V. Painter, Program Analyst, using the contact information provided in this notice. Comments may also be submitted by referencing the Site’s name through one of the following methods: Internet: https://www.epa.gov/ aboutepa/about-epa-region-4southeast#r4-public-notices. • U.S. Mail: U.S. Environmental Protection Agency, Superfund Division, Attn: Paula V. Painter, 61 Forsyth Street SW., Atlanta, Georgia 30303. • Email: Painter.Paula@epa.gov. FOR FURTHER INFORMATION CONTACT: Paula V. Painter at 404/562–8887. SUMMARY: Dated: October 26, 2016. Greg Armstrong, Acting Chief, Enforcement and Community Engagement Branch, Superfund Division. [FR Doc. 2016–27979 Filed 11–18–16; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83235-83236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27983]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2016-0643; FRL 9955-41-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 Donald van der Vaart, in 
his official capacity as Secretary of North Carolina Department of 
Environmental Quality (``NCDEQ''), and by NCDEQ (collectively 
``Plaintiffs'') in the United States District Court for the Eastern 
District of North Carolina: Donald van der Vaart, et al. v. McCarthy, 
et al., No. 4:16-cv-01946-SBA (E.D. N.C.). On June 24, 2016, Plaintiffs 
filed an amended complaint alleging that Gina McCarthy, in her official 
capacity as Administrator of the United States Environmental Protection 
Agency (``EPA'') failed to perform duties mandated by CAA to take final 
action to approve or disapprove the December 9, 2013 Petition submitted 
by several states within the Ozone Transport Region (``OTR'') 
requesting EPA to expand the OTR to include North Carolina, among other 
states. The proposed consent decree would establish deadlines for EPA 
to take certain specified actions with respect to the December 9, 2013 
Petition related to North Carolina.

DATES: Written comments on the proposed consent decree must be received 
by December 21, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0643, online at www.regulations.gov. For comments submitted at 
www.regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA 
generally will not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the For Further Information Contact section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Alexander Bond, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3822; fax number: (202) 564-5603; email address: 
Bond.Alexander@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    On June 24, 2016, Plaintiffs filed an amended complaint alleging 
that EPA failed to perform duties mandated by CAA to take final action 
to approve or disapprove the December 9, 2013 Petition submitted by 
several states within the OTR requesting EPA to expand the OTR pursuant 
to 42 U.S.C 7506a(a) to include North Carolina and several other 
states. Under the terms of the proposed consent decree, EPA must sign a 
notice for public comment that proposes certain actions regarding the 
December 9, 2013 Petition as to the State of North Carolina, no later 
than January 18, 2017, and must sign a final

[[Page 83236]]

notice of final action regarding the petition as to North Carolina 
thereon no later than October 27, 2017. See the proposed consent decree 
for the specific details.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed consent decree from persons who are not named as parties or 
intervenors to the litigation in question. EPA or the Department of 
Justice may withdraw or withhold consent to the proposed consent decree 
if the comments disclose facts or considerations that indicate that 
such consent is inappropriate, improper, inadequate, or inconsistent 
with the requirements of the Act. Unless EPA or the Department of 
Justice determines that consent to this proposed consent decree should 
be withdrawn, the terms of the consent decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent 
Decree.

A. How can I get a copy of the proposed consent decree?

    The official public docket for this action (identified by EPA-HQ-
OGC-2016-0643) 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, 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: November 7, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-27983 Filed 11-18-16; 8:45 am]
 BILLING CODE 6560-50-P
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