[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38074-38076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15240]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2021-0404; FRL-8740-01-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''), the United States Environmental Protection Agency 
(``EPA'') gives notice of a proposed consent decree in Environmental 
Integrity Project v. Regan, No. 1:21-cv-00009 (D.D.C.). In this 
litigation, Environmental Integrity Project (``EIP'') alleged that the 
Administrator of EPA failed to perform certain non-discretionary duties 
to timely respond to petitions asking EPA to object to eight operating 
permits issued by the Texas Commission on Environmental Quality 
(``TCEQ''). The proposed consent decree would establish deadlines for 
EPA to take action in response to these petitions. The proposed consent 
decree does not require EPA to take any specific, particular action in 
response to the petitions.

DATES: Written comments on the proposed consent decree must be received 
by August 18, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0404, 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

[[Page 38075]]

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:  Charles Starrs, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone: (202) 564-1996; email address: starrs.charles@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-2021-0404) 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 fully resolve a lawsuit filed by 
EIP, Sierra Club, Port Arthur Community Action Network, Environment 
Texas, and Neta Rhyne (the ``Plaintiffs'') seeking to compel the 
Administrator to take action, in accordance with CAA section 505(b)(2), 
42 U.S.C. 7661d(b)(2), to respond to eight petitions. The lawsuit, 
Environmental Integrity Project v. Regan, No. 1:21-cv-00009, was filed 
in the United States District Court for the District of Columbia on 
January 4, 2021.
    In this action, the Plaintiffs allege that TCEQ issued, at various 
times under Title V of the CAA (42 U.S.C. 7661-7661f), operating 
permits to eight facilities located in Texas: The ETC Texas Pipeline 
Ltd.'s Waha Gas Plant (located in Pecos County); Premcor Refining Group 
Inc.'s Port Arthur Refinery (located in Jefferson County); Sandy Creek 
Services, LLC's Sandy Creek Energy Station (located in McLennan 
County); Phillips 66's Borger Refinery (located in Hutchinson County); 
Kinder Morgan Crude & Condensate LLC's Galena Park Facility (located in 
Galena Park, Harris County); Oak Grove Management Company's Oak Grove 
Steam Electric (located in Robertson County); BP Amoco Chemical 
Company's Texas City Chemical Plant (located in Galveston County); and 
Blanchard Refining Company LLC's Galveston Bay Refinery (located in 
Galveston County). The Plaintiffs also allege that they submitted to 
EPA petitions asking EPA to object to the eight operating permits 
issued by TCEQ and that EPA has failed to meet its nondiscretionary 
duty to timely respond to those petitions.
    Under the terms of the proposed consent decree, EPA shall, in 
accordance with a stated schedule, sign responses to the eight 
petitions at issue in the litigation. The schedule requires EPA to sign 
responses to: Three of the eight petitions by August 31, 2021; an 
additional one of the petitions by September 30, 2021; an additional 
one of the petitions by October 31, 2021; an additional one of the 
petitions by November 30, 2021; an additional one of the petitions by 
December 31, 2021; and an additional one of the petitions by January 
31, 2022. In accordance with that schedule, EPA will respond to all the 
petitions not later than January 31, 2022. EPA retains discretion to 
determine the order of its petition responses or which petition 
response is made by which date. Although the proposed consent decree 
requires EPA action in accordance with a schedule, it does not dictate 
the substance or specific nature of EPA's responses to the petitions. 
The proposed consent decree also requires that, as EPA responds to the 
petitions, EPA shall send notice of the response to the Office of the 
Federal Register for publication in the Federal Register. See the 
proposed consent decree in the docket for other terms and conditions.
    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 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-
0404, 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

[[Page 38076]]

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. 2021-15240 Filed 7-16-21; 8:45 am]
BILLING CODE 6560-50-P


