Notice2021-19047
Proposed Settlement Agreement, Enforcement Action Alleging Air Pollution Violations
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
September 3, 2021
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed settlement agreement in the administrative enforcement action brought by the State of New Jersey, Department of Environmental Protection, Division of Air Enforcement (New Jersey), against the Edison facility owned and operated by the Environmental Protection Agency (EPA) Region 2. In November 2019, New Jersey conducted an inspection of EPA's Edison facility and found several state law violations related to its boilers and emergency generators. EPA worked with New Jersey to bring the boilers and generators back into full compliance by the end of 2020. A draft administrative settlement agreement between EPA and New Jersey that would fully resolve the matter through EPA paying a $8,600 penalty is here proposed and is ready for public notice and comment.
Full Text
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<title>Federal Register, Volume 86 Issue 169 (Friday, September 3, 2021)</title>
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49530-49531]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19047]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2021-0583; FRL-8937-01-OGC]
Proposed Settlement Agreement, Enforcement Action Alleging Air
Pollution Violations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; request for public
comment.
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SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the
Act), notice is given of a proposed settlement agreement in the
administrative enforcement action brought by the State of New Jersey,
Department of Environmental Protection, Division of Air Enforcement
(New Jersey), against the Edison facility owned and operated by the
Environmental Protection Agency (EPA) Region 2. In November 2019, New
Jersey conducted an inspection of EPA's Edison facility and found
several state law violations related to its boilers and emergency
generators. EPA worked with New Jersey to bring the boilers and
generators back into full compliance by the end of 2020. A draft
administrative settlement agreement between EPA and New Jersey that
would fully resolve the matter through EPA paying a $8,600 penalty is
here proposed and is ready for public notice and comment.
DATES: Written comments on the proposed settlement agreement must be
received by October 4, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0583, 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 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 Settlement Agreement'' 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>.
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: Susan Stahle, Air and Radiation Law
Office MC-2344A, Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone (202) 564-1272; email address <a href="/cdn-cgi/l/email-protection#681b1c0900040d461b1d1b0906280d1809460f071e"><span class="__cf_email__" data-cfemail="186b6c7970747d366b6d6b7976587d6879367f776e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Settlement Agreement
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2021-0583) contains a copy of the proposed settlement
agreement.
The electronic version of the public docket for this action
contains a copy of the proposed settlement agreement 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 Settlement Agreement
In November 2019, New Jersey conducted an inspection of EPA's
Edison facility and found several state law violations regarding EPA's
boilers and emergency generators.\1\ Based on this inspection, and
further information provided by EPA, New Jersey alleged the following
types of violations:
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\1\ While the proposed settlement agreement cites to state law
violations, current or prior versions of the cited provisions were
also approved into New Jersey's federally enforceable State
Implementation Plan under the relevant provisions of the Clean Air
Act, 42 U.S.C. 7401 et seq.
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<bullet> Failure to seek new general permits when the boilers and
emergency generators were replaced;
<bullet> Operating the boilers and emergency generators with
expired general permits;
<bullet> Operating one emergency generator on five bad air days;
<bullet> Operating one boiler on one bad air day; and
<bullet> Improper tune-ups and/or tune-up report submission for two
boilers.
EPA worked with New Jersey to bring the boilers and generators back
into full compliance by the end of 2020. These steps included: (1)
Obtaining new general permits, and setting up an internal calendar to
better track when to seek permit renewals; (2) changing a generator
setting to require that generator testing be started manually, to avoid
automatic startup on bad air days; (3) creating and revising a log
sheet to ensure that staff check on ``bad air day'' status prior to
testing the emergency generators; (4) conducting the 2020 tune-up using
an outside contractor, with EPA staff attending for training purposes;
and (5) submitting the 2020 tune-up reports via a New Jersey online
reporting system.
[[Page 49531]]
EPA and New Jersey have now tentatively agreed on a proposed
settlement agreement that would fully resolve the identified state law
violations through payment of a $8,600 penalty, a penalty which would
rise to a full penalty of $17,200 if EPA failed to pay that penalty on
time. To the extent the alleged violations may have constituted
violations of the CAA, EPA and New Jersey agree this proposed agreement
would also constitute settlement of any claims New Jersey could have
made under the CAA.
In accordance with section 113(g) of the CAA, for a period of 30
days following the date of publication of this document, the Agency
will accept written comments relating to the proposed settlement
agreement. 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.
III. Additional Information About Commenting on the Proposed Settlement
Agreement
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2021-
0583, via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from this docket. 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. 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 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. 2021-19047 Filed 9-2-21; 8:45 am]
BILLING CODE 6560-50-P
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