Proposed Consent Decree, Clean Air Act Citizen Suit, 40825-40826 [2021-16155]

Download as PDF Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices System (ICIS–NPDES) database, implementation of the Electronic Reporting Rule Phase 1, and refined estimates. Other significant changes in estimates of burden hours are the result of the following adjustments: • This ICR eliminates the initial permit application and compliance activities for existing Cooling Water Intake Structure (CWIS) facilities as these activities have been completed by all existing CWIS facilities, resulting in a decrease in estimated burden hours for CWIS facilities. • The collection burden associated with compliance with and administration of small vessels general permit (sVGP) has been removed. Eliminating the sVGP also decreased the number of vessel respondents significantly. • The estimated number of respondents in some of the categories (shown in Appendix D of the ICR Supporting Statement) both increased and decreased per the current NPDES Integrated Compliance Information System (ICIS–NPDES) database and based on refined EPA estimates. • This ICR accounts for adjustments to inflation to September 2021 dollars that updated the presumed capital and O&M cost burden. • The burden associated with Electronic Reporting Rule Phase I implementation activities has been removed. This includes the burden associated with Discharge Monitoring Report (DMR) mailing by permittees, and all state and federal DMR processing previously included in the ICR. Dated: July 22, 2021. Andrew D. Sawyers, Director, Office of Wastewater Management. [FR Doc. 2021–16154 Filed 7–28–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2021–0444; FRL–8780–01– OGC] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. jbell on DSKJLSW7X2PROD with NOTICES AGENCY: In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in State of New York, et al. v. Regan et al., No. 21 Civ. 252 (ALC) (S.D.N.Y.). On January 12, 2021, the SUMMARY: VerDate Sep<11>2014 19:19 Jul 28, 2021 Jkt 253001 States of New York, Connecticut, Delaware, Massachusetts, and New Jersey, and the City of New York (Plaintiffs) filed a complaint in the United States District Court for the Southern District of New York. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain nondiscretionary duties in accordance with the Act to take final action to approve or disapprove, in whole or in part, certain 2015 ozone national ambient air quality standards (NAAQS) infrastructure state implementation plan (SIP) submissions addressing the good neighbor provision from the States of Indiana, Kentucky, Michigan, Ohio, Texas, and West Virginia. The proposed consent decree would establish deadlines for EPA to act on these six SIP submissions. Written comments on the proposed consent decree must be received by August 30, 2021. DATES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2021–0444, 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. EPA continues to carefully and continuously monitor information from the CDC, local area health departments, and our federal partners so that we can ADDRESSES: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 40825 respond rapidly as conditions change regarding COVID–19. FOR FURTHER INFORMATION CONTACT: Rosemary E. Hambright, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone (202) 564–8829; email address hambright.rosemary.e@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–2021–0444) 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.’’ II. Additional Information About the Proposed Consent Decree The proposed consent decree would establish deadlines for EPA to take action pursuant to CAA section 110(k) on certain SIP submissions addressing the requirements of CAA section 110(a)(2)(D)(i)(I), 42 U.S.C. 7410(a)(2)(D)(i)(I) (the good neighbor provision), to resolve a lawsuit filed by the States of New York, Connecticut, Delaware, Massachusetts, and New Jersey, and the City of New York. Pursuant to CAA section 110(k), 42 U.S.C. 7410(k), SIP submission are deemed complete by operation of law 6 months after receipt by EPA. EPA must approve or disapprove, in whole or in a part, SIP submissions within 12 months of being deemed complete. The proposed consent decree would require the EPA, pursuant to CAA sections 110(k)(2)–(4), 42 U.S.C. 7410(k)(2)–(4), to take final action to approve or disapprove, in whole or in part, the portion of six 2015 ozone NAAQS infrastructure SIP submissions addressing the good neighbor provision from the States of Indiana, Kentucky, Michigan, Ohio, Texas, and West Virginia. EPA received the good neighbor SIP submissions at issue on the following dates: Indiana on November 2, 2018, Kentucky on January 9, 2019, Michigan on March 8, 2019, E:\FR\FM\29JYN1.SGM 29JYN1 40826 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES Ohio on September 28, 2018, Texas on September 12, 2018, and West Virginia on February 4, 2019. Under the terms of the proposed consent decree, no later than April 30, 2022, EPA shall sign a final rule to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, the 2015 ozone NAAQS good neighbor SIP submissions from Indiana, Kentucky, Michigan, Ohio, Texas, and West Virginia. However, under the proposed consent decree, if, by February 28, 2022, EPA signs a proposal of full or partial disapproval of any of the six good neighbor SIP submissions and signs a proposal for a federal implementation plan to implement any such fully or partially disapproved SIP submission, EPA shall have until December 15, 2022, to sign a final action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, each such good neighbor SIP submission. In accordance with section 113(g) of the CAA, 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–2021– 0444, via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. 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. 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 VerDate Sep<11>2014 19:19 Jul 28, 2021 Jkt 253001 multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. 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. 2021–16155 Filed 7–28–21; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 FEDERAL COMMUNICATIONS COMMISSION [WC Docket No. 16–271; DA 21–858; FRS 39694] Wireless Telecommunications Bureau Seeks Comment on Drive Test Parameters and Model for Alaska Plan Participants Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: In the document, the Wireless Telecommunications Bureau (Bureau) of the Federal Communications Commission (Commission) proposes drive test parameters and a drive test model required of two Alaska Plan mobile-provider participants: General Communication Inc. (GCI) and Copper Valley Wireless. The Bureau seeks comment on these proposals and on any alternatives that it should consider. DATES: Comments are due on or before August 12, 2021. If you anticipate that you will be submitting comments but find it difficult to do so within the period of time allowed by this document, you should advise the contact listed in the following as soon as possible. ADDRESSES: Interested parties may file comments on or before the date indicated above and must reference WC Docket No. 16–271. Comments may be filed using the Commission’s Electronic Filing System (ECFS) or by filing paper copies. • Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: https://apps.fcc.gov/ ecfs/. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. • Filings can be sent by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554. • Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health SUMMARY: E:\FR\FM\29JYN1.SGM 29JYN1

Agencies

[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Pages 40825-40826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16155]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2021-0444; FRL-8780-01-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 State of New 
York, et al. v. Regan et al., No. 21 Civ. 252 (ALC) (S.D.N.Y.). On 
January 12, 2021, the States of New York, Connecticut, Delaware, 
Massachusetts, and New Jersey, and the City of New York (Plaintiffs) 
filed a complaint in the United States District Court for the Southern 
District of New York. Plaintiffs alleged that the Environmental 
Protection Agency (EPA or the Agency) failed to perform certain non-
discretionary duties in accordance with the Act to take final action to 
approve or disapprove, in whole or in part, certain 2015 ozone national 
ambient air quality standards (NAAQS) infrastructure state 
implementation plan (SIP) submissions addressing the good neighbor 
provision from the States of Indiana, Kentucky, Michigan, Ohio, Texas, 
and West Virginia. The proposed consent decree would establish 
deadlines for EPA to act on these six SIP submissions.

DATES: Written comments on the proposed consent decree must be received 
by August 30, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0444, 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.
    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: Rosemary E. Hambright, Air and 
Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460; telephone (202) 564-8829; 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-2021-0444) 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.''

II. Additional Information About the Proposed Consent Decree

    The proposed consent decree would establish deadlines for EPA to 
take action pursuant to CAA section 110(k) on certain SIP submissions 
addressing the requirements of CAA section 110(a)(2)(D)(i)(I), 42 
U.S.C. 7410(a)(2)(D)(i)(I) (the good neighbor provision), to resolve a 
lawsuit filed by the States of New York, Connecticut, Delaware, 
Massachusetts, and New Jersey, and the City of New York. Pursuant to 
CAA section 110(k), 42 U.S.C. 7410(k), SIP submission are deemed 
complete by operation of law 6 months after receipt by EPA. EPA must 
approve or disapprove, in whole or in a part, SIP submissions within 12 
months of being deemed complete.
    The proposed consent decree would require the EPA, pursuant to CAA 
sections 110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final action 
to approve or disapprove, in whole or in part, the portion of six 2015 
ozone NAAQS infrastructure SIP submissions addressing the good neighbor 
provision from the States of Indiana, Kentucky, Michigan, Ohio, Texas, 
and West Virginia. EPA received the good neighbor SIP submissions at 
issue on the following dates: Indiana on November 2, 2018, Kentucky on 
January 9, 2019, Michigan on March 8, 2019,

[[Page 40826]]

Ohio on September 28, 2018, Texas on September 12, 2018, and West 
Virginia on February 4, 2019.
    Under the terms of the proposed consent decree, no later than April 
30, 2022, EPA shall sign a final rule to approve, disapprove, 
conditionally approve, or approve in part and conditionally approve or 
disapprove in part, the 2015 ozone NAAQS good neighbor SIP submissions 
from Indiana, Kentucky, Michigan, Ohio, Texas, and West Virginia. 
However, under the proposed consent decree, if, by February 28, 2022, 
EPA signs a proposal of full or partial disapproval of any of the six 
good neighbor SIP submissions and signs a proposal for a federal 
implementation plan to implement any such fully or partially 
disapproved SIP submission, EPA shall have until December 15, 2022, to 
sign a final action to approve, disapprove, conditionally approve, or 
approve in part and conditionally approve or disapprove in part, each 
such good neighbor SIP submission.
    In accordance with section 113(g) of the CAA, 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-2021-
0444, via https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from this docket. 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. 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. 2021-16155 Filed 7-28-21; 8:45 am]
BILLING CODE 6560-50-P
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