[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Notices]
[Pages 51186-51187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20027]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 9900-15-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''), notice is hereby given of a proposed consent decree, 
to resolve a deadline suit filed by Air Alliance Houston, California 
Communities Against Toxics, Coalition For A Safe Environment, Community 
In-Power and Development Association, Del Amo Action Committee, 
Environmental Integrity Project, Louisiana Bucket Brigade, and Texas 
Environmental Justice Advocacy Services (collectively, ``Plaintiffs'') 
in the United States District Court for the District of Columbia: Air 
Alliance Houston, et al. v. McCarthy, No. 12-1607 (RMC) (D.D.C.). On 
September 27, 2012, Plaintiffs filed a complaint concerning EPA's 
obligation to develop residual risk and technology standards for the 
petroleum refineries source category, which is subject to two different 
maximum achievable control technology (MACT) standards. The consent 
decree would require EPA to propose action by February 14, 2014 and 
take final action by December 19, 2014.

DATES: Written comments on the proposed consent decree must be received 
by September 19, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0580, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; mailed 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: Jan Tierney, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5598; fax number (202) 564-5603; email address: 
[email protected].

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 the Administrator to take final action 
under section 112(d)(6), 42 U.S.C. 7412(d)(6), to ``review, and revise 
as necessary'' the national emission standards for hazardous air 
pollutants (``NESHAP'') and to take final action addressing residual 
risk under CAA section 112(f)(2), 42 U.S.C. 7412(f)(2), for petroleum 
refineries under 40 CFR Part 63, Subpart CC and 40 CFR Part 63, Subpart 
UUU, within 8 years of the promulgation of such standards. The proposed 
consent decree provides that no later than February 14, 2014, EPA shall 
(1) review and either sign a proposal to revise the emission standards 
in 40 CFR Part 63, Subparts CC and UUU under CAA section 112(d)(6), 42 
U.S.C. 7412(d)(6), or sign a proposed determination that revision of 
Subparts CC and UUU is not necessary under CAA section 112(d)(6) and 
(2) review and either sign a proposal to promulgate residual risk 
standards for the Petroleum Refineries source category subject to 
NESHAP Subparts CC and UUU under CAA section 112(f)(2), 42 U.S.C. 
7412(f)(2), or sign a proposed determination that promulgation of such 
standards is not required under CAA section 112(f)(2). The proposed 
consent decree also provides that no later than December 19, 2014, EPA 
shall, (1) sign a final rule promulgating revisions to the emission 
standards in NESHAP Subparts CC and UUU under CAA section 112(d)(6), or 
sign a final determination that revision of NESHAP Subparts CC and UUU 
is not necessary under CAA section 112(d)(6) and (2) sign a final rule 
promulgating residual risk standards for the Petroleum Refineries 
source

[[Page 51187]]

category subject to NESHAP Subparts CC and UUU under CAA section 
112(f)(2), or sign a final determination that promulgation of such 
standards is not required under CAA section 112(f)(2).
    Within 15 business days following signature of each rule or 
determination or combination thereof as described in the proposed 
consent decree, EPA is also required to send the signed notice of each 
action to the Office of the Federal Register for review and publication 
in the Federal Register. After EPA fulfills all of its obligations 
under the consent decree, the proposed consent decree provides that EPA 
may move to have the consent decree terminated and the case dismissed.
    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 were 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, based on any comment submitted, that consent to 
this consent decree should be withdrawn, the 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- 2013-0580) contains a copy of the proposed consent 
decree (including Attachment A). 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 the 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, 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: August 9, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-20027 Filed 8-19-13; 8:45 am]
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