Proposed Consent Decree; Clean Air Act Citizen Suit, 54968-54969 [2021-21564]

Download as PDF 54968 Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Notices operation of Rule 214(c)(1).9 Motions to intervene that are filed after the intervention deadline are untimely, and may be denied. Any late-filed motion to intervene must show good cause for being late and must explain why the time limitation should be waived and provide justification by reference to factors set forth in Rule 214(d) of the Commission’s Rules and Regulations.10 A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies (paper or electronic) of all documents filed by the applicant and by all other parties. Tracking the Proceeding Throughout the proceeding, additional information about the project will be available from the Commission’s Office of External Affairs, at (866) 208– FERC, or on the FERC website at www.ferc.gov using the ‘‘eLibrary’’ link as described above. 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 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. For more information and to register, go to www.ferc.gov/docs-filing/ esubscription.asp. Intervention Deadline: 5:00 p.m. Eastern Time on Wednesday, October 20, 2021. Dated: September 29, 2021. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2021–21704 Filed 10–4–21; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2021–0637; FRL–9089–01– OGC] Proposed Consent Decree; Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. lotter on DSK11XQN23PROD with NOTICES1 AGENCY: In accordance with the Clean Air Act, as amended (CAA or the Act), SUMMARY: 9 18 CFR 385.214(c)(1). CFR 385.214(b)(3) and (d). 10 18 VerDate Sep<11>2014 18:56 Oct 04, 2021 Jkt 256001 notice is given of a proposed consent decree in Center for Biological Diversity, et al. v. Regan, No. 4–21–cv–02498–JST (N.D. CA.). On April 7, 2021 and May 26, 2021, the Center for Biological Diversity and the Center for Environmental Health (collectively, Plaintiffs) filed a complaint and a first amended complaint, respectively, in the United States District Court for the Northern District of California, alleging that the Administrator of the United States Environmental Protection Agency (EPA) failed to perform certain nondiscretionary duties. DATES: Written comments on the proposed consent decree must be received by November 4, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2021–0637, 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: Derek Mills, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone (202) PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 564–3341; email address mills.derek@ epa.gov. First, Plaintiffs allege that EPA failed to issue a finding of failure to submit for state implementation plans (SIPs) addressing reasonably available control technology (RACT) for volatile organic compounds (VOC) from sources covered by the 2016 Oil and Gas control techniques guideline (CTG) for the 2015 ozone National Ambient Air Quality Standards (NAAQS) for states and areas listed in the First Amended Complaint within six months after the SIP due date. Second, Plaintiffs allege that EPA failed to take final action to approve or disapprove, in whole or in part, Oil and Gas CTG SIPs for the 2008 NAAQS submitted by various states for the nonattainment areas listed in the First Amended Complaint. The proposed consent decree would establish deadlines for EPA to take specified actions. 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–2021–0637) 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, which would fully resolve the current lawsuit cited above filed by the Center for Biological Diversity and the Center for Environmental Health, would require the EPA to take action under the CAA to make a finding of failure to submit for SIPs addressing RACT for VOC from sources covered by the 2016 Oil and Gas CTG pursuant to 42 U.S.C. 7410(k)(1)(B) for the 2015 ozone NAAQS for certain states and areas as listed in the proposed consent decree (Pennsylvania and New York), unless the state provides the SIP submission and it is deemed complete prior to EPA issuing the finding. The proposed consent decree would also require the EPA, pursuant to CAA sections 110(k)(2)–(4), 42 U.S.C. 7410(k)(2)–(4), to take final E:\FR\FM\05OCN1.SGM 05OCN1 Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Notices lotter on DSK11XQN23PROD with NOTICES1 action to approve or disapprove, in whole or in part a SIP submission addressing the 2016 Oil and Gas CTG submitted by California to address various areas as listed in the proposed consent decree. Under the terms of the proposed consent decree, EPA shall sign a notice or notices finding that the states identified as such in the consent decree have failed to submit a SIP or SIP revision addressing RACT for VOC sources covered by the Oil and Gas RACT CTG for the 2015 ozone NAAQS for the nonattainment area or state listed in the proposed consent decree by the established deadline, unless the state provides the SIP submission and it is deemed complete prior to EPA issuing the finding. In addition, under the proposed consent decree, EPA shall sign a notice or notices of final rulemaking to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, the Oil and Gas RACT CTG SIP submission for the areas as listed and identified as such in the proposed consent decree by the established deadline. 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– 0637, 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 VerDate Sep<11>2014 18:56 Oct 04, 2021 Jkt 256001 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-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. 2021–21564 Filed 10–4–21; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 54969 ENVIRONMENTAL PROTECTION AGENCY [FRL–9107–01–OA] Local Government Advisory Committee (LGAC) and Small Communities Advisory Subcommittee (SCAS) Meeting Environmental Protection Agency (EPA). ACTION: Notification of public meeting. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), EPA herby provides notice of a meeting for the Local Government Advisory Committee (LGAC) and the Small Communities Advisory Subcommittee (SCAS) on the date and time described below. This meeting will be open to the public. For information on public attendance and participation, please see the registration information under SUPPLEMENTARY INFORMATION. Due to unforeseen administrative circumstances, EPA is announcing this meeting with less than 15 calendar days’ notice. DATES: The LGAC and the SCAS will meet virtually October 15th, 2021 starting at 12:00 p.m. through 4:30 p.m. Eastern Time. FOR FURTHER INFORMATION CONTACT: Paige Lieberman, Designated Federal Officer (DFO), at LGAC@epa.gov or 202– 564–3115. Information on Accessibility: For information on access or services for individuals requiring accessibility accommodations, please contact Paige Lieberman by email at LGAC@epa.gov. To request accommodation, please do so five (5) business days prior to the meeting, to give EPA as much time as possible to process your request. SUPPLEMENTARY INFORMATION: This will convene the first LGAC and SCAS meeting since EPA’s August 2021 appointment of new and returning members. During the meeting, EPA will share its vision for the agency over the next several years, including providing clean and safe water to all, safeguarding and revitalizing communities, addressing climate change, advancing environmental justice, and ensuring the safety of chemicals for people and the environment. LGAC and SCAS members will discuss workgroups and future plans to address EPA’s priorities. All interested persons are invited to attend and participate. The LGAC and SCAS will hear comments from the public from 3:45–4:15 p.m. (EDT). Individuals or organizations wishing to address the Committee or Subcommittee will be allowed a maximum of five (5) SUMMARY: E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54968-54969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21564]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2021-0637; FRL-9089-01-OGC]


Proposed Consent Decree; Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the 
Act), notice is given of a proposed consent decree in Center for 
Biological Diversity, et al. v. Regan, No. 4-21-cv-02498-JST (N.D. 
CA.). On April 7, 2021 and May 26, 2021, the Center for Biological 
Diversity and the Center for Environmental Health (collectively, 
Plaintiffs) filed a complaint and a first amended complaint, 
respectively, in the United States District Court for the Northern 
District of California, alleging that the Administrator of the United 
States Environmental Protection Agency (EPA) failed to perform certain 
nondiscretionary duties.

DATES: Written comments on the proposed consent decree must be received 
by November 4, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0637, 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: Derek Mills, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone (202) 564-3341; email address [email protected].

SUPPLEMENTARY INFORMATION: First, Plaintiffs allege that EPA failed to 
issue a finding of failure to submit for state implementation plans 
(SIPs) addressing reasonably available control technology (RACT) for 
volatile organic compounds (VOC) from sources covered by the 2016 Oil 
and Gas control techniques guideline (CTG) for the 2015 ozone National 
Ambient Air Quality Standards (NAAQS) for states and areas listed in 
the First Amended Complaint within six months after the SIP due date. 
Second, Plaintiffs allege that EPA failed to take final action to 
approve or disapprove, in whole or in part, Oil and Gas CTG SIPs for 
the 2008 NAAQS submitted by various states for the nonattainment areas 
listed in the First Amended Complaint. The proposed consent decree 
would establish deadlines for EPA to take specified actions.

I. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2021-0637) 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, which would fully resolve the current 
lawsuit cited above filed by the Center for Biological Diversity and 
the Center for Environmental Health, would require the EPA to take 
action under the CAA to make a finding of failure to submit for SIPs 
addressing RACT for VOC from sources covered by the 2016 Oil and Gas 
CTG pursuant to 42 U.S.C. 7410(k)(1)(B) for the 2015 ozone NAAQS for 
certain states and areas as listed in the proposed consent decree 
(Pennsylvania and New York), unless the state provides the SIP 
submission and it is deemed complete prior to EPA issuing the finding. 
The proposed consent decree would also require the EPA, pursuant to CAA 
sections 110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final

[[Page 54969]]

action to approve or disapprove, in whole or in part a SIP submission 
addressing the 2016 Oil and Gas CTG submitted by California to address 
various areas as listed in the proposed consent decree.
    Under the terms of the proposed consent decree, EPA shall sign a 
notice or notices finding that the states identified as such in the 
consent decree have failed to submit a SIP or SIP revision addressing 
RACT for VOC sources covered by the Oil and Gas RACT CTG for the 2015 
ozone NAAQS for the nonattainment area or state listed in the proposed 
consent decree by the established deadline, unless the state provides 
the SIP submission and it is deemed complete prior to EPA issuing the 
finding. In addition, under the proposed consent decree, EPA shall sign 
a notice or notices of final rulemaking to approve, disapprove, 
conditionally approve, or approve in part and conditionally approve or 
disapprove in part, the Oil and Gas RACT CTG SIP submission for the 
areas as listed and identified as such in the proposed consent decree 
by the established deadline.
    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-
0637, 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. 2021-21564 Filed 10-4-21; 8:45 am]
BILLING CODE 6560-50-P
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