[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 71027-71029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29644]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9492-6]


Proposed Settlement Agreements, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreements; Request for Public 
Comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA''), 42 U.S.C. 7413(g), notice is hereby given of two 
proposed settlement agreements to resolve two cases filed by the 
WildEarth Guardians (``Guardians'') involving EPA actions under the CAA 
Title V operating permit program. On November 17, 2010, Guardians filed 
a petition with the Environmental Appeals Board (``EAB'') challenging a 
Title V Renewal Permit issued by EPA Region 8 on October 18, 2010 to BP 
America Production Company (``BP'') for its Florida River Compression 
Station Facility (In re BP America Production Co., Florida River 
Compression Facility, Appeal No. CAA 10-04). On April 25, 2011, 
Guardians also filed a petition in the United States Court of Appeals 
for the Tenth Circuit (WildEarth Guardians v. EPA, No. 11-9527) 
challenging the Administrator's February 2, 2011 order denying an 
administrative petition to object to a July 14, 2010 response of the 
Colorado Department of Public Health and Environment, Air Pollution 
Control Division regarding the issuance of a renewed title V permit for 
Anadarko Petroleum Corporation's Frederick Compressor Station. Under 
the proposed settlement agreements, EPA would agree to undertake a 
pilot program for the purpose of studying, improving, and streamlining 
source determinations in the oil and gas industry in new or renewal 
Title V permits for which Region 8 is the initial Part 71 permitting 
authority.

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DATES: Written comments on the proposed settlement agreements must be 
received by December 16, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0915 online at http://www.regulations.gov (EPA's preferred 
method); by email to [email protected]; 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: Sara L. Laumann, Office of Regional 
Counsel, EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-2466; 
telephone: (303) 312-6443; fax number: (303) 312-6859; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreements

    These proposed settlement agreements would resolve two cases filed 
by Guardians. First, Guardians filed a case in the EAB challenging a 
Title V Renewal Permit issued by EPA Region 8 on October 18, 2010 to 
BP's Florida River Compression Station Facility (In re BP America 
Production Co., Florida River Compression Facility, Appeal No. CAA 10-
04). BP intervened as a party in the EAB action. Second, Guardians 
filed a petition in the United States Court of Appeals for the Tenth 
Circuit challenging the Administrator's February 2, 2011 order denying 
an administrative petition to object to a July 14, 2010 response of the 
Colorado Department of Public Health and Environment regarding the 
issuance of a renewed title V permit for Anadarko Petroleum 
Corporation's Frederick Compressor Station. The State of Colorado and 
Kerr-McGee Gathering LLC intervened as parties in the 10th Circuit 
action. Under the proposed settlement agreements, EPA would agree to 
undertake a pilot program for the purpose of studying, improving, and 
streamlining source determinations in the oil and gas industry in new 
or renewal Title V permits for which Region 8 is the initial Part 71 
permitting authority. The pilot program would begin upon the effective 
date of the settlement agreement in the EAB case and would continue for 
a duration equal to the earlier of two years or six Title V new or 
renewal permit applications for which Region 8 is the initial Part 71 
permitting authority. Additional information regarding the Region 8 
pilot program can be found in an attachment to the proposed settlement 
agreement for the EAB action, which is available in the docket for this 
action. Under the proposed settlement agreements, within 15 days of a 
fully executed settlement agreement in the EAB action, Guardians will 
file a motion with the EAB to dismiss with prejudice its pending 
petition for review in Appeal No. CAA 10-04 and the parties in the 
Tenth Circuit case will file an appropriate pleading for the dismissal 
of Guardians' petition for review with prejudice. All parties will bear 
their own costs and attorneys' fees.
    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 settlement agreements from persons who were not named as 
parties or intervenors to the respective actions at issue. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
settlements agreements 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 these settlements 
agreements should be withdrawn, the terms of the settlements agreements 
will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreements

A. How can I get a copy of the proposed settlement agreements?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2011-0915) contains a copy of the proposed settlement 
agreements. 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 
http://www.regulations.gov. You may use the http://www.regulations.gov 
to submit or view public comments, access the index listing of the 
contents of the official public docket, and to access those documents 
in the public docket that are available electronically. Once in the 
system, select ``search,'' then key in the appropriate docket 
identification number.
    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 http://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,

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EPA may not be able to consider your comment.
    Use of the http://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 http://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: November 4, 2011.
Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-29644 Filed 11-15-11; 8:45 am]
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