Proposed Settlement Agreement, Challenge to Clean Air Act, 87-88 [2020-29065]

Download as PDF Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices (1) You can file your comments electronically using the eComment feature on the Commission’s website (www.ferc.gov) under the link to FERC Online. This is an easy method for submitting brief, text-only comments on a project; (2) You can also file your comments electronically using the eFiling feature on the Commission’s website (www.ferc.gov) under the link to FERC Online. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on ‘‘eRegister.’’ You must select the type of filing you are making. If you are filing a comment on a particular project, please select ‘‘Comment on a Filing’’; or (3) You can file a paper copy of your comments by mailing them to the Commission. Be sure to reference the project docket number (CP21–2–000) on your letter. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. Filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered. Only intervenors have the right to seek rehearing or judicial review of the Commission’s decision. At this point in this proceeding, the timeframe for filing timely intervention requests has expired. Any person seeking to become a party to the proceeding must file a motion to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the Commission’s Rules of Practice and Procedures (18 CFR 385.214(b)(3) and (d)) and show good cause why the time limitation should be waived. Motions to intervene are more fully described at https://www.ferc.gov/ferc-online/ferconline/how-guides. Additional information about the project is available from the Commission’s Office of External Affairs, at (866) 208–FERC, or on the FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to https://www.ferc.gov/ ferc-online/overview to register for eSubscription. Dated: December 28, 2020. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2020–29068 Filed 12–31–20; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2020–0717; FRL–10019–15– OGC] Proposed Settlement Agreement, Challenge to Clean Air Act Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. AGENCY: In accordance with the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), notice is hereby given of a proposed Settlement Agreement to resolve petitions for review filed by the State of Wyoming (‘‘Wyoming’’) and PacifiCorp with respect to PacifiCorp’s Wyodak electric generating unit (EGU). In 2014, Wyoming and PacifiCorp filed petitions for review in the United States Court of Appeals for the Tenth Circuit, challenging EPA’s final rule, in which the Agency partially approved and partially disapproved elements of Wyoming’s Regional Haze State Implementation Plan (SIP), and promulgated a Federal Implementation Plan (FIP) to address the disapproved elements. In the Final rule, EPA, inter alia, disapproved Wyoming’s determination concerning nitrogen oxide (NOX) best available retrofit technology (BART) for Wyodak and promulgated a FIP addressing NOX BART requirements for Wyodak. The Settlement Agreement would resolve Wyoming’s and PacifiCorp’s challenges to the final rule. Under the proposed Settlement Agreement, the parties agree to take certain specified actions. DATES: Written comments on the proposed settlement agreement must be received by February 3, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2020–0717, online at https:// www.regulations.gov (EPA’s preferred method). Follow the online instructions for submitting comments. SUMMARY: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 87 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 Settlement Agreement’’ 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: Stephanie L. Hogan, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564–3244; email address: hogan.stephanie@epa.gov. SUPPLEMENTARY INFORMATION: I. Obtaining a Copy of the Proposed Settlement Agreement The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2020–0717) contains a copy of the proposed Settlement Agreement. The electronic version of the public docket for this action contains a copy of the proposed Settlement Agreement, 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 E:\FR\FM\04JAN1.SGM 04JAN1 88 Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices identification number then select ‘‘search.’’ II. Additional Information About the Proposed Settlement Agreement The proposed Settlement Agreement would resolve Wyoming’s and PacifiCorp’s challenges to the following action: Approval, Disapproval and Promulgation of Implementation Plans; State of Wyoming; Regional Haze State Implementation Plan; Federal Implementation Plan for Regional Haze; final rule, 79 FR 5032 (January 30, 2014). See Wyoming v. EPA, No. 14– 9529 (10th Cir. filed March 28, 2014) and PacifiCorp v. EPA, No. 14–9534 (10th Cir. filed March 31, 2014). The proposed Settlement Agreement establishes deadlines by which Wyoming and EPA will take certain specified actions with respect to development of and action on a SIP revision addressing NOX BART requirements for Wyodak. The proposed Settlement Agreement further provides that, if certain conditions are met, Wyoming, PacifiCorp, and EPA agree to move for dismissal of Wyoming’s and PacifiCorp’s challenges to the Final rule. See the proposed Settlement Agreement for specific details. In accordance with section 113(g) of the CAA, 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 Settlement Agreement. EPA or the Department of Justice may withdraw or withhold consent to the proposed Settlement Agreement 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 Settlement Agreement Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2020– 0717, 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 VerDate Sep<11>2014 17:28 Dec 31, 2020 Jkt 253001 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. 2020–29065 Filed 12–31–20; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2020–0652; FRL–10019–16– 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 United Refining Co. v. Wheeler, No. 20–cv–1956 (D.D.C.). On July 7, 2020, United Refining Co. (United) filed a complaint in the United States District Court for the District of Columbia alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform a certain non-discretionary duty. United alleges that EPA failed to take final action on its petition for a small refinery hardship exemption from its 2019 obligations under the Renewable Fuel Standards (RFS) program established by the Clean Air Act. The proposed consent decree would establish a deadline for EPA to act on the petition. DATES: Written comments on the proposed consent decree must be received by February 3, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2020–0652, 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. SUMMARY: E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 87-88]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29065]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0717; FRL-10019-15-OGC]


Proposed Settlement Agreement, Challenge to Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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SUMMARY: In accordance with the Clean Air Act, as amended (``CAA'' or 
the ``Act''), notice is hereby given of a proposed Settlement Agreement 
to resolve petitions for review filed by the State of Wyoming 
(``Wyoming'') and PacifiCorp with respect to PacifiCorp's Wyodak 
electric generating unit (EGU). In 2014, Wyoming and PacifiCorp filed 
petitions for review in the United States Court of Appeals for the 
Tenth Circuit, challenging EPA's final rule, in which the Agency 
partially approved and partially disapproved elements of Wyoming's 
Regional Haze State Implementation Plan (SIP), and promulgated a 
Federal Implementation Plan (FIP) to address the disapproved elements. 
In the Final rule, EPA, inter alia, disapproved Wyoming's determination 
concerning nitrogen oxide (NOX) best available retrofit 
technology (BART) for Wyodak and promulgated a FIP addressing 
NOX BART requirements for Wyodak. The Settlement Agreement 
would resolve Wyoming's and PacifiCorp's challenges to the final rule. 
Under the proposed Settlement Agreement, the parties agree to take 
certain specified actions.

DATES: Written comments on the proposed settlement agreement must be 
received by February 3, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0717, 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 Settlement Agreement'' 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: Stephanie L. Hogan, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone: (202) 564-3244; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Settlement Agreement

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2020-0717) contains a copy of the proposed Settlement 
Agreement.
    The electronic version of the public docket for this action 
contains a copy of the proposed Settlement Agreement, 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

[[Page 88]]

identification number then select ``search.''

II. Additional Information About the Proposed Settlement Agreement

    The proposed Settlement Agreement would resolve Wyoming's and 
PacifiCorp's challenges to the following action: Approval, Disapproval 
and Promulgation of Implementation Plans; State of Wyoming; Regional 
Haze State Implementation Plan; Federal Implementation Plan for 
Regional Haze; final rule, 79 FR 5032 (January 30, 2014). See Wyoming 
v. EPA, No. 14-9529 (10th Cir. filed March 28, 2014) and PacifiCorp v. 
EPA, No. 14-9534 (10th Cir. filed March 31, 2014).
    The proposed Settlement Agreement establishes deadlines by which 
Wyoming and EPA will take certain specified actions with respect to 
development of and action on a SIP revision addressing NOX 
BART requirements for Wyodak. The proposed Settlement Agreement further 
provides that, if certain conditions are met, Wyoming, PacifiCorp, and 
EPA agree to move for dismissal of Wyoming's and PacifiCorp's 
challenges to the Final rule. See the proposed Settlement Agreement for 
specific details.
    In accordance with section 113(g) of the CAA, 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 Settlement 
Agreement. EPA or the Department of Justice may withdraw or withhold 
consent to the proposed Settlement Agreement 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 Settlement 
Agreement

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2020-
0717, 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. 2020-29065 Filed 12-31-20; 8:45 am]
BILLING CODE 6560-50-P
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