[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 58927-58928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20403]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2016-0498; FRL-9951-53-OGC]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

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 (``CAA''), notice is hereby given of a proposed settlement 
agreement to settle lawsuits filed by CTA Construction and 
Environmental, LLC, and National Electric Coil, Inc. (``Petitioners''), 
in the United States Court of Appeals for the Ninth Circuit: CTA 
Construction and Environmental, LLC, et al., v. EPA, Nos. 15-72796 and 
15-72810. On September 15, 2015, Petitioners filed petitions for review 
challenging, generally, the Environmental Protection Agency's (EPA) 
July 15, 2015, administrative compliance order (``Amended Order'') 
issued by EPA under the CAA and the Resource Conservation and Recovery 
Act (``RCRA'') and challenging, specifically, the CAA provisions of the 
Amended Order. Under the terms of the proposed settlement agreement, 
Petitioners will voluntarily dismiss their petitions for review of the 
Amended Order, with prejudice, in exchange for EPA's agreement that EPA 
will not seek administrative or civil penalties from the Petitioners 
for the CAA violations alleged in the Amended Order.

DATES: Written comments on the proposed settlement agreement must be 
received by September 26, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0498, 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 Settlement Agreement

    The proposed settlement agreement would settle Petitioners' 
petitions for review in the United States Court of Appeals for the 
Ninth Circuit challenging, under CAA section 307(b)(1), the CAA 
provisions of the Amended Order. The proposed settlement agreement 
would require Petitioners to voluntarily dismiss their petitions for 
review of the Amended Order, with prejudice, in exchange for EPA's 
agreement that EPA will not seek administrative or civil penalties from 
the Petitioners for the CAA violations alleged in the Amended Order. 
The proposed settlement agreement also provides for each party to bear 
its own litigation costs.
    For a period of 30 days following the date of publication of this 
notice, the Agency will receive 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

[[Page 58928]]

of Justice determines that consent to the 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 proposed settlement agreement?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2016-0498 which 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 18, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-20403 Filed 8-25-16; 8:45 am]
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