Proposed Consent Decree, Clean Air Act Citizen Suit, 77209-77210 [2020-26471]

Download as PDF Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. khammond on DSKJM1Z7X2PROD with NOTICES4 FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564– 2970; fax number: (202) 564–0050; email address: yellin.patrick@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: Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the General Provisions (40 CFR part 264, subpart A and 40 CFR 265, Subpart A), as well as for the specific requirements at 40 CFR part 264, Subpart CC and 40 CFR part 265, Subpart CC. This includes submitting initial notifications, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with these standards. Form Numbers: None. Respondents/affected entities: Facilities that treat, store, or dispose of hazardous wastes in tanks, surface impoundments, and containers. Respondent’s obligation to respond: Mandatory (40 CFR part 264, subpart CC and 40 CFR part 265, subpart CC). Estimated number of respondents: 6,760 (total). Frequency of response: Occasionally and semiannually. Total estimated burden: 775,000 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: $105,000,000 (per year), which includes $13,500,000 in annualized capital and/or operation & maintenance costs. Changes in the Estimates: There is an adjustment increase in the total estimated burden as currently identified VerDate Sep<11>2014 18:11 Nov 30, 2020 Jkt 253001 in the OMB Inventory of Approved Burdens. This increase is not due to any program changes; the regulations have not changed over the past three years and are not anticipated to change over the next three years. The Agency estimate of the number of respondents has increased and there is an attendant increase in the cost of monitoring, recordkeeping, and reporting. The increase in the estimated number of respondents is due to a re-examination of the Agency’s ECHO database of sources subject to hazardous waste and Resource Conservation and Recovery Act requirements. Courtney Kerwin, Director, Regulatory Support Division. [FR Doc. 2020–26476 Filed 11–30–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2020–0569; FRL–10016–85– 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 the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Sierra Club v. Wheeler, No. 2:20–cv–00725–SMB (D. AZ). On April 14, 2020, the Sierra Club filed a complaint in the United States District Court for the District of Arizona, alleging that the Environmental Protection Agency (EPA) failed to perform certain non-discretionary duties. Plaintiff alleges that EPA failed to take final action to approve, disapprove, conditionally approve, or approve in part and disapprove in part, Arizona’s nonattainment plan SIP submission for the West Pinal nonattainment area for the PM10 National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish a deadline for EPA to take action on the remaining portions of the SIP submission. DATES: Written comments on the proposed consent decree must be received by December 31, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2020–0569, online at https:// www.regulations.gov (EPA’s preferred method). Follow the online instructions for submitting comments. SUMMARY: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 77209 Instructions: All submissions received must include the Docket ID number for this action. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Additional Information about Commenting on the Proposed Consent Decree’’ heading under the SUPPLEMENTARY INFORMATION section of this document. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are closed to the public, with limited exceptions, to reduce the risk of transmitting COVID–19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. We encourage the public to submit comments via https:// www.regulations.gov, as there may be a delay in processing mail and faxes. Hand deliveries and couriers may be received by scheduled appointment only. For further information on EPA Docket Center services and the current status, please visit us online at https:// www.epa.gov/dockets. The EPA continues to carefully and continuously monitor information from the CDC, local area health departments, and our Federal partners so that we can respond rapidly as conditions change regarding COVID–19. 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. Obtaining a Copy of the Proposed Consent Decree The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2020–0569) contains a copy of the proposed consent decree. The electronic version of the public docket for this action contains a copy of the proposed consent decree, and is available through https:// www.regulations.gov. You may use https://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.’’ E:\FR\FM\01DEN1.SGM 01DEN1 77210 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices II. Additional Information About the Proposed Consent Decree The proposed consent decree would require the EPA to take action pursuant to CAA section 110(k) on an Arizona state implementation plan (SIP) submission. On May 31, 2012, pursuant to CAA section 107(d), EPA designated a portion of Pinal County in Arizona as nonattainment for the PM10 NAAQS, effective July 2, 2012. On December 21, 2015, the Arizona Department of Environmental Quality (‘‘ADEQ’’) submitted a SIP submission to EPA intended to meet the applicable Moderate nonattainment area plan requirements for the West Pinal nonattainment area. EPA determined that part of the SIP submission was complete on March 21, 2016, and EPA published a final rule approving that part of the SIP submission on May 1, 2017 (82 FR 20267). The proposed consent decree would require the Administrator, pursuant to CAA sections 110(k)(2)–(4), to take action on the remaining portion of Arizona’s December 21, 2015, nonattainment plan SIP submission that EPA did not previously address in the May 1, 2017, final action. Under the terms of the proposed consent decree, EPA shall sign a notice or notices of final rulemaking that approve, disapprove, conditionally approve, or approve in part and disapprove in part, the remaining portion of Arizona’s December 21, 2015, nonattainment plan SIP submission for the West Pinal area by July 30, 2021. For a period of thirty (30) days following the date of publication of this document, the Agency will accept written comments relating to the proposed consent decree. 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. khammond on DSKJM1Z7X2PROD with NOTICES4 III. Additional Information About Commenting on the Proposed Consent Decree Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2020– 0569, via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. The EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https:// www.regulations.gov any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is VerDate Sep<11>2014 18:11 Nov 30, 2020 Jkt 253001 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, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. For additional information about submitting information identified as CBI, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. Note that written comments containing CBI and submitted by mail may be delayed and deliveries or couriers will be received by scheduled appointment only. 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. 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 https:// 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. 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. Gautam Srinivasan, Associate General Counsel. [FR Doc. 2020–26471 Filed 11–30–20; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OLEM–2018–0690, FRL–10017– 64–OMS] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; General Hazardous Waste Facility Standards Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), General Hazardous Waste Facility (EPA ICR Number 1571.13, OMB Control Number 2050–0120) 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 January 31, 2020. Public comments were previously requested via the Federal Register on March 26, 2020 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 February 1, 2021. ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA– HQ–OLEM–2018–0690, online using www.regulations.gov (our preferred method), by email to rcra-docket@ epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. 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. Submit written comments and recommendations to OMB for the proposed information collection within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. SUMMARY: E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77209-77210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26471]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0569; FRL-10016-85-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 the Clean Air Act, as amended (CAA or the 
Act), notice is given of a proposed consent decree in Sierra Club v. 
Wheeler, No. 2:20-cv-00725-SMB (D. AZ). On April 14, 2020, the Sierra 
Club filed a complaint in the United States District Court for the 
District of Arizona, alleging that the Environmental Protection Agency 
(EPA) failed to perform certain non-discretionary duties. Plaintiff 
alleges that EPA failed to take final action to approve, disapprove, 
conditionally approve, or approve in part and disapprove in part, 
Arizona's nonattainment plan SIP submission for the West Pinal 
nonattainment area for the PM10 National Ambient Air Quality 
Standards (NAAQS). The proposed consent decree would establish a 
deadline for EPA to take action on the remaining portions of the SIP 
submission.

DATES: Written comments on the proposed consent decree must be received 
by December 31, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0569, online at https://www.regulations.gov (EPA's preferred 
method). Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
number for this action. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Additional Information 
about Commenting on the Proposed Consent Decree'' heading under the 
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance 
of caution for members of the public and our staff, the EPA Docket 
Center and Reading Room are closed to the public, with limited 
exceptions, to reduce the risk of transmitting COVID-19. Our Docket 
Center staff will continue to provide remote customer service via 
email, phone, and webform. We encourage the public to submit comments 
via https://www.regulations.gov, as there may be a delay in processing 
mail and faxes. Hand deliveries and couriers may be received by 
scheduled appointment only. For further information on EPA Docket 
Center services and the current status, please visit us online at 
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our Federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.

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. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2020-0569) contains a copy of the proposed consent 
decree.
    The electronic version of the public docket for this action 
contains a copy of the proposed consent decree, and is available 
through https://www.regulations.gov. You may use https://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.''

[[Page 77210]]

II. Additional Information About the Proposed Consent Decree

    The proposed consent decree would require the EPA to take action 
pursuant to CAA section 110(k) on an Arizona state implementation plan 
(SIP) submission. On May 31, 2012, pursuant to CAA section 107(d), EPA 
designated a portion of Pinal County in Arizona as nonattainment for 
the PM10 NAAQS, effective July 2, 2012. On December 21, 
2015, the Arizona Department of Environmental Quality (``ADEQ'') 
submitted a SIP submission to EPA intended to meet the applicable 
Moderate nonattainment area plan requirements for the West Pinal 
nonattainment area. EPA determined that part of the SIP submission was 
complete on March 21, 2016, and EPA published a final rule approving 
that part of the SIP submission on May 1, 2017 (82 FR 20267).
    The proposed consent decree would require the Administrator, 
pursuant to CAA sections 110(k)(2)-(4), to take action on the remaining 
portion of Arizona's December 21, 2015, nonattainment plan SIP 
submission that EPA did not previously address in the May 1, 2017, 
final action.
    Under the terms of the proposed consent decree, EPA shall sign a 
notice or notices of final rulemaking that approve, disapprove, 
conditionally approve, or approve in part and disapprove in part, the 
remaining portion of Arizona's December 21, 2015, nonattainment plan 
SIP submission for the West Pinal area by July 30, 2021.
    For a period of thirty (30) days following the date of publication 
of this document, the Agency will accept written comments relating to 
the proposed consent decree. 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.

III. Additional Information About Commenting on the Proposed Consent 
Decree

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2020-
0569, via https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from this docket. The EPA may publish any comment 
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov 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, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information 
identified as CBI, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this document. Note that written 
comments containing CBI and submitted by mail may be delayed and 
deliveries or couriers will be received by scheduled appointment only.
    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. 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 https://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.
    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.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2020-26471 Filed 11-30-20; 8:45 am]
BILLING CODE 6560-50-P
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