[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Notices]
[Pages 47636-47637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19266]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9915-20-OGC]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``Act''), notice is hereby given of a proposed settlement 
agreement to address lawsuits filed by WildEarth Guardians and National 
Parks Conservation Association (``NCPA'') (collectively 
``Petitioners'') in the United States Court of Appeals for the Tenth 
Circuit: WildEarth Guardians v. EPA, No. 13-9520 (10th Cir.) and 
National Parks Conservation Association v. EPA, No. 13-9525 (10th 
Cir.). On February 25, 2013, WildEarth Guardians filed a petition for 
review challenging EPA's approval of the Colorado regional haze SIP. 
Specifically, WildEarth Guardians challenged EPA's approval of certain 
BART and reasonable progress determinations for Units 1, 2, and 3 of 
the Craig Generating Station; Units 1 and 2 of the Comanche Power 
Station; Boilers 4 and 5 of the Colorado Energy Nations Company, LLLP 
facility at the Coors Brewery in Golden, Colorado; and the time by 
which the Colorado regional haze SIP required emission limits to be met 
at the these facilities. On March 1, 2013, NPCA filed a petition for 
review challenging EPA's approval of the NOX emission limits 
for Craig Units 1, 2, and 3. The proposed settlement agreement seeks to 
resolve all of Petitioners' claims regarding the Craig Generating 
Station and establishes deadlines for the State of Colorado to submit a 
SIP revision to EPA and for EPA to take action on that SIP revision.

DATES: Written comments on the proposed settlement agreement must be 
received by September 15, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0580, online at 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: Matthew C. Marks, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3276; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement will resolve lawsuits seeking to 
overturn EPA's final action approving the Colorado regional haze SIP 
submitted by the Colorado Department of Public Health and Environment 
(``CDPHE''), specifically EPA's approval of the requirements related to 
the Craig Generating Station. 77 FR 76871 (December 31, 2012) (``Final 
Rule''). The proposed settlement agreement states that, within ten 
business days of the final effective date of the agreement, EPA will 
file a motion with the Tenth Circuit, seeking a voluntary remand to EPA 
of those portions of the Final Rule regarding EPA's approval of the 
Colorado regional haze SIP relating to Craig Unit 1. The proposed 
settlement agreement also states that CDPHE intends to submit a 
proposal to revise its SIP to EPA no later than July 31, 2015, which 
will include a determination that the NOX BART emission 
limit for Craig Unit 1 is 0.07 lb/MMBtu, calculated on a 30 boiler-
operating-day rolling average, and with a compliance deadline of August 
31, 2021. The proposed SIP revision will not alter any emission limit 
or compliance deadline for Craig Unit 2 or 3. If CDPHE determines that 
it will not be able to submit the proposed SIP revision to EPA by July 
31, 2015, or that the terms of the proposed SIP revision will not be in 
accordance with those set forth in the proposed settlement agreement, 
then all parties must be notified immediately.
    In addition, the proposed settlement agreement states that no later 
than December 31, 2016, EPA will either take final action on the 
proposed SIP revision, or take final action on the remanded portion of 
the Colorado regional haze SIP if CDPHE has not submitted the proposed 
SIP revision by December 31, 2015. If, however, CDPHE submits a 
proposed SIP revision that is in accordance with the proposed 
settlement agreement after December 31, 2015, EPA may, at its election, 
take final

[[Page 47637]]

action on that submission by December 31, 2016, rather than taking 
final action on the remanded portion of the Colorado regional haze SIP. 
Nothing in the proposed settlement agreement limits or modifies EPA's 
discretion under the Clean Air Act in any future notice-and-comment 
rulemaking or otherwise.
    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 agreement 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 
settlement agreement 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 settlement 
agreement should be withdrawn, the terms of the agreement will be 
affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

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

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2014-0580) contains a copy of the proposed settlement 
agreement. 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 6, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-19266 Filed 8-13-14; 8:45 am]
BILLING CODE 6560-50-P