Proposed Consent Decree, Clean Air Act Citizen Suit, 25803-25804 [2019-11618]

Download as PDF Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2019–0209; FRL–9994–89– 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 given of a proposed consent decree in Citizens for Clean Air, et al. v. Andrew Wheeler, et al., No. 2:18–cv–01803–TSZ (W.D. Wa.). On December 18, 2018, Citizens for Clean Air, a project of Alaska Community Action on Toxics, and Sierra Club (‘‘Plaintiffs’’) filed a complaint in the United States District Court for the Western District of Washington, alleging that the Administrator of the United States Environmental Protection Agency and the Regional Administrator of the Environmental Protection Agency Region 10 (‘‘EPA’’) failed to perform a non-discretionary duty to determine whether the State of Alaska has made an administratively complete state implementation plan (‘‘SIP’’) submission. The SIP submission at issue is required to meet the Serious nonattainment area plan requirements for the 2006 24-hour PM2.5 NAAQS for the Fairbanks North Star Borough area. The proposed consent decree would establish a deadline for EPA to determine whether the State of Alaska has made the required SIP submission. DATES: Written comments on the proposed consent decree must be received by July 5, 2019. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2019–0209, online at www.regulations.gov (EPA’s preferred method). 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 khammond on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 you wish to make. The EPA will generally 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: 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; email address: wilcox.geoffrey@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree EPA designated the Fairbanks North Star Borough area as nonattainment for the 2006 24-hour PM2.5 NAAQS on December 14, 2009. EPA initially classified the area as a ‘‘Moderate’’ nonattainment area, but later reclassified the area to ‘‘Serious,’’ effective June 9, 2017. Accordingly, the State of Alaska is required to make a new SIP submission to meet applicable statutory and regulatory requirements for a Serious area nonattainment area plan for this area. The proposed consent decree would resolve a lawsuit filed by the Plaintiffs seeking to compel the EPA to take action under Clean Air Act section 110(k)(1)(B) to determine whether the State of Alaska has made an administratively complete SIP submission intended to meet the Serious nonattainment area plan requirements for the 2006 24-hour PM2.5 NAAQS for the Fairbanks North Star Borough area. Under the terms of the proposed consent decree, EPA shall sign a notice of final rulemaking making the required completeness determination no later than July 8, 2019. Thereafter, the EPA shall, within 15 business days, send the signed notice of final rulemaking making the completeness determination to the Office of Federal Register for review and publication. 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 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 25803 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. 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–2019–0209) 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. E:\FR\FM\04JNN1.SGM 04JNN1 25804 Federal Register / Vol. 84, No. 107 / Tuesday, June 4, 2019 / Notices B. How and to whom do I submit comments? ENVIRONMENTAL PROTECTION AGENCY 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 website 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. [EPA–HQ–SFUND–2004–0008; FRL–9993– 64–OMS] khammond on DSKBBV9HB2PROD with NOTICES Dated: May 23, 2019. Gautam Srinivasan, Acting Associate General Counsel. [FR Doc. 2019–11618 Filed 6–3–19; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 17:16 Jun 03, 2019 Jkt 247001 Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Consolidated Superfund Information Collection Request (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Consolidated Superfund Information Collection Request (EPA ICR Number 1487.14, OMB Control Number 2050– 0179), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through May 31, 2019. Public comments were previously requested via the Federal Register on September 24, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: Additional comments may be submitted on or before July 5, 2019. ADDRESSES: Submit your comments, referencing Docket ID Number EPA– HQ–SFUND–2004–0008, to (1) EPA online using www.regulations.gov (our preferred method), by email to superfund.docket@epa.gov or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to oira_submission@omb.eop.gov. Address comments to OMB Desk Officer for EPA. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Yolanda Singer, Office of Superfund Remediation and Technology Innovation, Assessment and Remediation Division, (5202P), SUMMARY: PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 703–603– 8835; fax number: 703–603–9146; email address: singer.yolanda@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/ dockets. Abstract: This ICR addresses the following: (1) The collection of information under 40 CFR part 35, subpart O, which establishes the administrative requirements for cooperative agreements funded under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for state, federallyrecognized Indian tribal governments, and political subdivision response actions; (2) the application of the Hazard Ranking System (HRS) by states as outlined by CERCLA section 105 that amends the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) to include criteria prioritizing releases throughout the United States before undertaking remedial action at uncontrolled hazardous waste sites; and (3) the remedial portion of the Superfund program as specified in CERCLA and the NCP. For cooperative agreements and Superfund state contracts for Superfund response actions, the information is collected from applicants and/or recipients of EPA assistance and is used to make awards, pay recipients, and collect information on how federal funds are being utilized. EPA requires this information to meet its federal stewardship responsibilities. Recipient responses are required to obtain a benefit (federal funds) under 2 CFR part 200, ‘‘Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to Non-Federal Entities’’ and under 40 CFR part 35, ‘‘State and Local Assistance.’’ For the Superfund site evaluation and the Hazard Ranking System, the states will apply the HRS by identifying and classifying those releases or sites that warrant further investigation. The HRS score is crucial since it is the primary mechanism used to determine whether a site is eligible to be included on the National Priorities E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25803-25804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11618]



[[Page 25803]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2019-0209; FRL-9994-89-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 given of a proposed consent 
decree in Citizens for Clean Air, et al. v. Andrew Wheeler, et al., No. 
2:18-cv-01803-TSZ (W.D. Wa.). On December 18, 2018, Citizens for Clean 
Air, a project of Alaska Community Action on Toxics, and Sierra Club 
(``Plaintiffs'') filed a complaint in the United States District Court 
for the Western District of Washington, alleging that the Administrator 
of the United States Environmental Protection Agency and the Regional 
Administrator of the Environmental Protection Agency Region 10 
(``EPA'') failed to perform a non-discretionary duty to determine 
whether the State of Alaska has made an administratively complete state 
implementation plan (``SIP'') submission. The SIP submission at issue 
is required to meet the Serious nonattainment area plan requirements 
for the 2006 24-hour PM2.5 NAAQS for the Fairbanks North 
Star Borough area. The proposed consent decree would establish a 
deadline for EPA to determine whether the State of Alaska has made the 
required SIP submission.

DATES: Written comments on the proposed consent decree must be received 
by July 5, 2019.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2019-0209, online at www.regulations.gov (EPA's preferred method). 
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 
will generally 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: 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; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    EPA designated the Fairbanks North Star Borough area as 
nonattainment for the 2006 24-hour PM2.5 NAAQS on December 
14, 2009. EPA initially classified the area as a ``Moderate'' 
nonattainment area, but later reclassified the area to ``Serious,'' 
effective June 9, 2017. Accordingly, the State of Alaska is required to 
make a new SIP submission to meet applicable statutory and regulatory 
requirements for a Serious area nonattainment area plan for this area.
    The proposed consent decree would resolve a lawsuit filed by the 
Plaintiffs seeking to compel the EPA to take action under Clean Air Act 
section 110(k)(1)(B) to determine whether the State of Alaska has made 
an administratively complete SIP submission intended to meet the 
Serious nonattainment area plan requirements for the 2006 24-hour 
PM2.5 NAAQS for the Fairbanks North Star Borough area.
    Under the terms of the proposed consent decree, EPA shall sign a 
notice of final rulemaking making the required completeness 
determination no later than July 8, 2019. Thereafter, the EPA shall, 
within 15 business days, send the signed notice of final rulemaking 
making the completeness determination to the Office of Federal Register 
for review and publication.
    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.

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-2019-0209) 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.

[[Page 25804]]

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 website 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: May 23, 2019.
Gautam Srinivasan,
Acting Associate General Counsel.
[FR Doc. 2019-11618 Filed 6-3-19; 8:45 am]
 BILLING CODE 6560-50-P
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