[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52901-52902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24723]


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ENVIRONMENTAL PROTECTION AGENCY

FRL-9970-67-OGC; EPA-HQ-OGC-2017-0630]


Proposed Settlement Agreement, Clean Air Act Title V Permit 
Appeal

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'' or the ``Act''), notice is hereby given of a proposed 
settlement agreement to resolve a case filed by Veolia ES Technical 
Solutions, L.L.C. (``Veolia'') involving EPA actions under the CAA 
Title V operating permit program. On February, 15, 2017, Veolia filed a 
petition with the Environmental Appeals Board (``EAB'') challenging the 
CAA Title V renewal permit issued by EPA Region 5 for the Veolia 
facility in Sauget, Illinois (``the Facility'') on January 18, 2017. 
(In re Veolia ES Technical Solutions, L.L.C., CAA Appeal No. 17-02). 
Under the proposed settlement agreement, among other changes to the 
permit, Veolia agrees to install activated carbon injection systems 
(``ACI systems'') on two incinerators that currently do not have 
controls for vapor phase mercury and EPA Region 5 will request a remand 
of the CAA Title V renewal permit.

DATES: Written comments on the proposed settlement agreement must be 
received by December 15, 2017.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2017-0630, online at www.regulations.gov (EPA's preferred method). 
For comments submitted at www.regulations.gov, follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e. on the web, cloud, or other 
file sharing system). For additional submission methods, please contact 
the person identified in the For Further Information Contact section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: John T. Krallman, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-0904; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would resolve the case filed by 
Veolia involving EPA Region 5's actions under the CAA title V operating 
permit program. On February 15, 2017, Veolia filed a petition with the 
Environmental Appeals Board (``EAB'') challenging the CAA Title V 
renewal permit issued by EPA Region 5 on January 18, 2017 to Veolia's 
facility in Sauget, Illinois (``the Facility'').
    Under the terms of the proposed settlement agreement, among other 
changes to the permit, Veolia agrees to install activated carbon 
injection systems (``ACI systems'') on two of its incinerators to 
control emissions of vapor phase mercury and EPA Region 5 agrees to 
request a voluntary remand from the EAB of the CAA Title V renewal 
permit issued on January 18, 2017. If this proposed settlement 
agreement is finalized, EPA Region 5 will put out a draft CAA Title V 
permit for separate public notice and comment period. The revised draft 
CAA Title V renewal permit, which is attached to the proposed 
settlement agreement, also includes improvements to Veolia's procedures 
for analyzing hazardous wastes burned in the incinerators. If the final 
CAA Title V renewal permit for the Facility only contains changes from 
the revised draft that reflect the inclusion of any final 
preconstruction permit that has been issued by the Illinois 
Environmental Protection Agency for the ACI systems or clerical changes 
from the draft CAA Title V permit attached to the proposed settlement 
agreement, Veolia agrees that it will not file a petition for review 
with the EAB or otherwise challenge the final CAA Title V renewal 
permit for the Facility. The proposed settlement agreement provides 
that this public notice shall not serve as the notice and comment 
period for any

[[Page 52902]]

subsequent draft CAA Title V renewal permit for the Facility. The 
proposed settlement agreement also provides that nothing in the 
settlement agreement limits the discretion of EPA Region 5 to make 
changes between the draft CAA Title V renewal permit and the final CAA 
Title V renewal permit based on public notice and comment or 
information contained in the permit record; nor does the settlement 
agreement limit or modify any discretion afforded EPA by the Act or by 
general principles of administrative law in taking those actions. See 
the proposed settlement agreement for specific details.
    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 are not named as parties 
or intervenors to the litigation in question. EPA 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.

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-2017-0630) contains a copy of the proposed settlement 
agreement, including the draft CAA Title V renewal permit. 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 www.regulations.gov to submit or view 
public comments, access the index listing of the contents of the 
official public docket, and 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 such 
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: November 1, 2017.
Gautam Srinivasan,
Acting Associate General Counsel.
[FR Doc. 2017-24723 Filed 11-14-17; 8:45 am]
 BILLING CODE 6560-50-P