[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Pages 7895-7896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03955]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2018-0848; FRL-9990-39-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'' or the ``Act''), notice is given of a proposed consent
decree in Our Children's Earth Foundation v. Wheeler, No. 18-cv-04765
(N.D. Cal.). On August 7, 2018, Our Children's Earth Foundation filed a
complaint in the United States District Court for the Northern District
of California, alleging that the Administrator of the United States
Environmental Protection Agency (``EPA'') failed to perform non-
discretionary duties to review the existing New Source Performance
Standards (``NSPS'') governing Bulk Gasoline Terminals (``Bulk Gasoline
NSPS'') and Electric Arc Furnaces and Argon-Oxygen Decarburization
Vessels in Steel Plants (``Furnaces NSPS''), and to review the existing
National Emissions Standards for Hazardous Air Pollutants (``NESHAP'')
governing Gasoline Distribution Facilities (Bulk Gasoline Terminals and
Pipeline Breakout Stations) (``Major Source Bulk Gasoline NESHAP'');
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline
Facilities (``Area Source Bulk Gasoline NESHAP''); Iron and Steel
Foundries Area Sources (``Foundries NESHAP''); and Wood Preserving Area
Sources (``Wood Preserving NESHAP''). The proposed consent decree would
establish deadlines for EPA to take action on these source categories.
DATES: Written comments on the proposed consent decree must be received
by April 4, 2019.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2018-0848, 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: Daniel Schramm, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone: (202) 564-3377; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would resolve a lawsuit filed by Our
Children's Earth Foundation seeking to compel the Administrator to take
action under the Clean Air Act to review, and if appropriate revise,
the Furnaces NSPS and Bulk Gasoline NSPS at least every 8 years under
section 111(b)(1)(B) of the Act, and to review, and revise if necessary
(taking into account developments in practices, processes, and control
technologies), the Major Source Bulk Gasoline NESHAP, Area Source Bulk
Gasoline NESHAP, Foundries NESHAP, and Wood Preserving NESHAP no less
often than every 8 years under section 112(d)(6) of the Act.
Under the terms of the proposed consent decree, EPA shall review,
and revise if necessary, the above source categories by the deadlines
established in the proposed consent decree. Beginning June 1, 2020, EPA
will provide Our Children's Earth Foundation with status reports every
180 days as to whether the Agency is making reasonable progress toward
meeting the deadlines provided in the consent decree, and if it
anticipates any difficulties in meeting the deadlines with an
explanation of the difficulty or difficulties.
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 are 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.
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-2018-0848) contains a copy of the proposed consent
decree. 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
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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 website 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 19, 2019.
Gautam Srinivasan,
Acting Associate General Counsel.
[FR Doc. 2019-03955 Filed 3-4-19; 8:45 am]
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