Notice2021-15240
Proposed Consent Decree, Clean Air Act Citizen Suit
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 19, 2021
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Clean Air Act, as amended ("CAA" or the "Act"), the United States Environmental Protection Agency ("EPA") gives notice of a proposed consent decree in Environmental Integrity Project v. Regan, No. 1:21-cv-00009 (D.D.C.). In this litigation, Environmental Integrity Project ("EIP") alleged that the Administrator of EPA failed to perform certain non-discretionary duties to timely respond to petitions asking EPA to object to eight operating permits issued by the Texas Commission on Environmental Quality ("TCEQ"). The proposed consent decree would establish deadlines for EPA to take action in response to these petitions. The proposed consent decree does not require EPA to take any specific, particular action in response to the petitions.
Full Text
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<title>Federal Register, Volume 86 Issue 135 (Monday, July 19, 2021)</title>
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[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38074-38076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15240]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2021-0404; FRL-8740-01-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 the Clean Air Act, as amended (``CAA'' or
the ``Act''), the United States Environmental Protection Agency
(``EPA'') gives notice of a proposed consent decree in Environmental
Integrity Project v. Regan, No. 1:21-cv-00009 (D.D.C.). In this
litigation, Environmental Integrity Project (``EIP'') alleged that the
Administrator of EPA failed to perform certain non-discretionary duties
to timely respond to petitions asking EPA to object to eight operating
permits issued by the Texas Commission on Environmental Quality
(``TCEQ''). The proposed consent decree would establish deadlines for
EPA to take action in response to these petitions. The proposed consent
decree does not require EPA to take any specific, particular action in
response to the petitions.
DATES: Written comments on the proposed consent decree must be received
by August 18, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0404, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (EPA's preferred
method). Follow the online instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
number for
[[Page 38075]]
this action. Comments received may be posted without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information provided. For
detailed instructions on sending comments and additional information on
the rulemaking process, see the ``Additional Information about
Commenting on the Proposed Consent Decree'' heading under the
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance
of caution for members of the public and our staff, the EPA Docket
Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
The EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
FOR FURTHER INFORMATION CONTACT: Charles Starrs, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone: (202) 564-1996; email address: <a href="/cdn-cgi/l/email-protection#5f2c2b3e2d2d2c713c373e2d333a2c1f3a2f3e71383029"><span class="__cf_email__" data-cfemail="d9aaadb8ababaaf7bab1b8abb5bcaa99bca9b8f7beb6af">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Consent Decree
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2021-0404) contains a copy of the proposed consent
decree.
The electronic version of the public docket for this action
contains a copy of the proposed consent decree and is available through
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may use <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.''
II. Additional Information About the Proposed Consent Decree
The proposed consent decree would fully resolve a lawsuit filed by
EIP, Sierra Club, Port Arthur Community Action Network, Environment
Texas, and Neta Rhyne (the ``Plaintiffs'') seeking to compel the
Administrator to take action, in accordance with CAA section 505(b)(2),
42 U.S.C. 7661d(b)(2), to respond to eight petitions. The lawsuit,
Environmental Integrity Project v. Regan, No. 1:21-cv-00009, was filed
in the United States District Court for the District of Columbia on
January 4, 2021.
In this action, the Plaintiffs allege that TCEQ issued, at various
times under Title V of the CAA (42 U.S.C. 7661-7661f), operating
permits to eight facilities located in Texas: The ETC Texas Pipeline
Ltd.'s Waha Gas Plant (located in Pecos County); Premcor Refining Group
Inc.'s Port Arthur Refinery (located in Jefferson County); Sandy Creek
Services, LLC's Sandy Creek Energy Station (located in McLennan
County); Phillips 66's Borger Refinery (located in Hutchinson County);
Kinder Morgan Crude & Condensate LLC's Galena Park Facility (located in
Galena Park, Harris County); Oak Grove Management Company's Oak Grove
Steam Electric (located in Robertson County); BP Amoco Chemical
Company's Texas City Chemical Plant (located in Galveston County); and
Blanchard Refining Company LLC's Galveston Bay Refinery (located in
Galveston County). The Plaintiffs also allege that they submitted to
EPA petitions asking EPA to object to the eight operating permits
issued by TCEQ and that EPA has failed to meet its nondiscretionary
duty to timely respond to those petitions.
Under the terms of the proposed consent decree, EPA shall, in
accordance with a stated schedule, sign responses to the eight
petitions at issue in the litigation. The schedule requires EPA to sign
responses to: Three of the eight petitions by August 31, 2021; an
additional one of the petitions by September 30, 2021; an additional
one of the petitions by October 31, 2021; an additional one of the
petitions by November 30, 2021; an additional one of the petitions by
December 31, 2021; and an additional one of the petitions by January
31, 2022. In accordance with that schedule, EPA will respond to all the
petitions not later than January 31, 2022. EPA retains discretion to
determine the order of its petition responses or which petition
response is made by which date. Although the proposed consent decree
requires EPA action in accordance with a schedule, it does not dictate
the substance or specific nature of EPA's responses to the petitions.
The proposed consent decree also requires that, as EPA responds to the
petitions, EPA shall send notice of the response to the Office of the
Federal Register for publication in the Federal Register. See the
proposed consent decree in the docket for other terms and conditions.
In accordance with section 113(g) of the CAA, 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. 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.
III. Additional Information About Commenting on the Proposed Consent
Decree
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2021-
0404, via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from this docket. The EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
If you submit an electronic comment, EPA recommends that you
include your
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name, mailing address, and an email address or other contact
information in the body of your comment. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
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.
Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2021-15240 Filed 7-16-21; 8:45 am]
BILLING CODE 6560-50-P
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