[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1732-1733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00056]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2016-0778; FRL-9957-94-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 in Sierra Club v. McCarthy, Civil Action No. 1:16-cv-
01831-EGS (D. DC). On September 15, 2016, the Sierra Club filed a
complaint in the United States District Court for the District of
Columbia, alleging that Gina McCarthy, in her official capacity as
Administrator of the United States Environmental Protection Agency
(``EPA''), failed to perform a non-discretionary duty to grant or deny
within 60 days a petition submitted by Sierra Club on May 3, 2016
requesting that EPA object to a CAA Title V permit issued by the
Pennsylvania Department of Environmental Protection (``PDEP'') for the
Scrubgrass Generating Co., L.P. power plant (``Scrubgrass Plant''),
located in Venango County, Pennsylvania. The proposed consent decree
would establish a deadline for EPA to take such action.
DATES: Written comments on the proposed consent decree must be received
by February 6, 2017.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0778, online at www.regulations.gov. For comments submitted at
www.regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically 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
generally will 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, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Charles Starrs, Air and Radiation Law
Office (2322A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone: (202) 564-1996; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would resolve a lawsuit filed by Sierra
Club seeking to compel the Administrator to take actions under CAA
section 505(b)(2). Under the terms of the proposed consent decree, EPA
would agree to sign its response granting or denying the petition filed
by Sierra Club regarding the Scrubgrass Plant, pursuant to section
505(b)(2) of the CAA, on or before May 12, 2017.
Under the terms of the proposed consent decree, EPA would
expeditiously deliver notice of EPA's response to the Office of the
Federal Register for review and publication following signature of such
response. In addition, the proposed consent decree outlines the
procedure for the Plaintiffs to request costs of litigation, including
attorney fees. See the proposed consent decree for the specific
details.
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 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 consent decree?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2016-0778) 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 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
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contains copyrighted material, Confidential Business Information
(``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: December 23, 2016.
Gautam Srinivasan,
Acting Associate General Counsel.
[FR Doc. 2017-00056 Filed 1-5-17; 8:45 am]
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