[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10519-10520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04112]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9907-15-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 address a lawsuit filed by Air Alliance Houston, Community In-Power 
and Development Association, Inc., Louisiana Bucket Brigade and Texas 
Environmental Justice Advocacy Services (``Plaintiffs''), in the United 
States District Court for the District of Columbia: Air Alliance 
Houston, et al. v. McCarthy, No. 1:13-cv-00621-KBJ (D.D.C.). On May 1, 
2013, Plaintiffs filed a complaint that EPA failed to perform 
nondiscretionary duties to review, and, if necessary, revise the 
emission factors for volatile organic compounds (``VOC''), carbon 
monoxide (``CO''), and nitrogen oxides (``NOX'') for flares, 
liquid storage tanks (``tanks'') and wastewater collection, treatment 
and storage systems (``wastewater treatment systems'') at least once 
every three years. The consent decree would require EPA to propose 
action by August 19, 2014, and take final action by December 19, 2014.

DATES: Written comments on the proposed consent decree must be received 
by March 27, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0168, 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: Susan Stahle, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-1272; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would settle Plaintiffs' claims in a 
deadline suit alleging EPA failed to perform nondiscretionary duties 
pursuant to section 130 of the Act, 42 U.S.C. 7430, to review, and, if 
necessary, revise the emission factors for VOC, CO, and NOX 
for flares, tanks and wastewater treatment systems at least once every 
three years. The proposed consent decree would require EPA, by August 
19, 2014, to review and either propose revisions to the VOC, CO and 
NOX emission factors for flares, tanks and wastewater 
treatment systems under CAA section 130, or propose a determination 
under CAA section 130 that revision of these emission factors is not 
necessary. The proposed consent decree would also require EPA, by 
December 19, 2014, to issue final revisions to the VOC, CO and 
NOX emission factors for flares, tanks and wastewater 
treatment systems under CAA section 130, or issue a final determination 
under CAA section 130 that revision of these emission factors for 
flares is not necessary. EPA will post each proposed revision or 
determination (or combination thereof), and each final revision or 
determination (or combination thereof), on its AP-42 Web site (located 
at http://www.epa.gov/ttn/chief/ap42/) on the dates indicated above. In 
addition, EPA will provide a copy of each such action to Plaintiffs' 
counsel within seven days of posting. Under the proposed consent 
decree, once EPA has met these obligations, and any claims by 
Plaintiffs for costs of litigation have been resolved pursuant to the 
process provided in the proposed consent decree, the court would 
dismiss the suit with prejudice.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive 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 that consent to the consent decree should be 
withdrawn, the terms of 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?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2014-0168 which contains a copy of the 
consent decree. The official public docket is available for public 
viewing at the Office of Environmental Information (OEI) Docket in the 
EPA Docket Center,

[[Page 10520]]

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: February 18, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-04112 Filed 2-24-14; 8:45 am]
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