
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Notices]
[Pages 19175-19176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07491]



[[Page 19175]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2016-0172; FRL-9944-41-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 section 113(g) of the Clean Air Act, as 
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed 
consent decree to address a lawsuit filed by Center for Biological 
Diversity, Center for Environmental Health, and Neighbors for Clean Air 
(``Plaintiffs'') in the United States District Court for the Northern 
District of California: Center for Biological Diversity, et al. v. EPA, 
No. 4:15-cv-4663-SBA (N.D. CA.). On December 14, 2015, Plaintiffs filed 
a First Amended Complaint alleging that Gina McCarthy, in her official 
capacity as Administrator of the United States Environmental Protection 
Agency (``EPA''), failed to perform specific duties mandated by the 
CAA. First, Plaintiffs allege that EPA failed to make a finding 
concerning whether the State of California has made a complete state 
implementation plan (``SIP'') submission to address nonattainment new 
source review (``NNSR'') requirements related to the 2006 fine 
particulate matter (``PM2.5'') National Ambient Air Quality Standard 
(``NAAQS'') for El Dorado and Yolo-Solano air districts in California. 
Second, Plaintiffs allege that EPA failed to take final action to 
approve, disapprove, or conditionally approve, in whole or in part, 
certain complete SIP submissions from the States of Arizona, 
California, Idaho, Oregon, and Utah intended to address NNSR or other 
specific requirements related to the 2006 PM2.5 NAAQS for 
certain designated nonattainment areas. Third, Plaintiffs allege that 
EPA has failed to meet a duty to promulgate a federal implementation 
plan (``FIP'') for the State of Montana with respect to SIP 
requirements pertaining to state boards that approve permits or 
enforcement orders, or to the head of an executive agency with similar 
powers. The proposed consent decree would establish deadlines for EPA 
to take certain specified actions.

DATES: Written comments on the proposed consent decree must be received 
by May 4, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0172, online at www.regulations.gov (EPA's preferred method); 
by email to oei.docket@epa.gov; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

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; fax number: (202) 564-5603; email address: 
wilcox.geoffrey@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
Plaintiffs seeking to compel EPA to take various actions required under 
CAA. The proposed consent decree would establish deadlines by which EPA 
must take certain actions specified in order to resolve the claims in 
the First Amended Complaint. Those actions are described generally 
below; see the proposed consent decree for the specific details.
    First, Plaintiffs allege that EPA failed to meet a duty under 
section 110(k)(1)(B) to make a finding concerning whether the State of 
California has made a complete state implementation plan (``SIP'') 
submission to address nonattainment new source review (``NNSR'') 
requirements related to the 2006 fine particulate matter (``PM2.5'') 
National Ambient Air Quality Standard (``NAAQS'') for El Dorado and 
Yolo-Solano air districts in California. In the proposed consent 
decree, EPA agrees to take action to determine whether or not the state 
has made a complete SIP submission to address these requirements for 
each of these two areas by no later than May 30, 2016.
    Second, Plaintiffs allege that EPA failed to meet a duty under 
section 110(k) to take final action to approve, disapprove, or 
conditionally approve, in whole or in part, certain complete SIP 
submissions from the States of Arizona, California, Idaho, Oregon, and 
Utah intended to address NNSR or other specific requirements related to 
the 2006 PM2.5 NAAQS for certain designated nonattainment 
areas. In the proposed consent decree, EPA agrees to take final action 
under section 110(k)(2)-(4) on each of the specific SIP submissions 
identified in the table in paragraph 1(b) of the proposed consent 
decree. The dates for final action by EPA for each of these SIP 
submissions are likewise specified in the table in paragraph 1(b) of 
the proposed consent decree.
    Third, Plaintiffs allege that EPA has failed to meet a duty under 
section 110(c) to promulgate a federal implementation plan (``FIP'') 
for the State of Montana with respect to requirements of section 
110(a)(2)(E)(ii) and section 128 pertaining to state boards that 
approve permits or enforcement orders, or to the head of an executive 
agency with similar powers. In the proposed consent decree, EPA agrees 
to take final action no later than September 30, 2016, with respect to 
this claim.
    For all of the actions governed by the proposed consent decree, EPA 
would be required to deliver the notice to the Office of Federal 
Register for review and publication within 15 days of signature.
    The proposed consent decree is in the docket for this action. For a 
period of thirty (30) days following the date of publication of this 
notice, the Agency will accept written comments relating to the 
proposed consent decree from persons who are not named as parties or 
intervenors to the litigation in question. EPA or the Department of 
Justice may withdraw or withhold consent to the proposed consent decree 
if the comments disclose facts or considerations that indicate that 
such consent is inappropriate, improper, inadequate, or inconsistent 
with the requirements of the Act. Unless EPA or the Department of 
Justice determines that consent to this proposed consent decree should 
be withdrawn, the terms of the consent decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent 
Decree

A. How can I get a copy of the proposed consent decree?

    The official public docket for this action (identified by EPA-HQ-
OGC-2016-0172) contains a copy of the proposed consent decree. The 
official public docket is available for public viewing at the Office of 
Environmental Information (OEI) Docket in the EPA Docket Center, EPA 
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA 
Docket

[[Page 19176]]

Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OEI Docket is (202) 566-1752.
    An electronic version of the public docket is available through 
www.regulations.gov. You may use www.regulations.gov to submit or view 
public comments, access the index listing of the contents of the 
official public docket, and access those documents in the public docket 
that are available electronically. Once in the system, key in the 
appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing online at www.regulations.gov without change, unless 
the comment contains copyrighted material, CBI, or other information 
whose disclosure is restricted by statute. Information claimed as CBI 
and other information whose disclosure is restricted by statute is not 
included in the official public docket or in the electronic public 
docket. EPA's policy is that copyrighted material, including 
copyrighted material contained in a public comment, will not be placed 
in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an email address or other 
contact information in the body of your comment and with any disk or CD 
ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA 
electronically is EPA's preferred method for receiving comments. The 
electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, email address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

    Dated: March 23, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-07491 Filed 4-1-16; 8:45 am]
 BILLING CODE 6560-50-P


