[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 87-88]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29065]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2020-0717; FRL-10019-15-OGC]
Proposed Settlement Agreement, Challenge to Clean Air Act
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 hereby given of a proposed Settlement Agreement
to resolve petitions for review filed by the State of Wyoming
(``Wyoming'') and PacifiCorp with respect to PacifiCorp's Wyodak
electric generating unit (EGU). In 2014, Wyoming and PacifiCorp filed
petitions for review in the United States Court of Appeals for the
Tenth Circuit, challenging EPA's final rule, in which the Agency
partially approved and partially disapproved elements of Wyoming's
Regional Haze State Implementation Plan (SIP), and promulgated a
Federal Implementation Plan (FIP) to address the disapproved elements.
In the Final rule, EPA, inter alia, disapproved Wyoming's determination
concerning nitrogen oxide (NOX) best available retrofit
technology (BART) for Wyodak and promulgated a FIP addressing
NOX BART requirements for Wyodak. The Settlement Agreement
would resolve Wyoming's and PacifiCorp's challenges to the final rule.
Under the proposed Settlement Agreement, the parties agree to take
certain specified actions.
DATES: Written comments on the proposed settlement agreement must be
received by February 3, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0717, online at https://www.regulations.gov (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 https://www.regulations.gov/, 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 https://www.regulations.gov, 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
https://www.epa.gov/dockets.
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: Stephanie L. Hogan, Air and Radiation
Law Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone: (202) 564-3244; email address: hogan.stephanie@epa.gov.
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-2020-0717) 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 https://www.regulations.gov. You may use https://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
[[Page 88]]
identification number then select ``search.''
II. Additional Information About the Proposed Settlement Agreement
The proposed Settlement Agreement would resolve Wyoming's and
PacifiCorp's challenges to the following action: Approval, Disapproval
and Promulgation of Implementation Plans; State of Wyoming; Regional
Haze State Implementation Plan; Federal Implementation Plan for
Regional Haze; final rule, 79 FR 5032 (January 30, 2014). See Wyoming
v. EPA, No. 14-9529 (10th Cir. filed March 28, 2014) and PacifiCorp v.
EPA, No. 14-9534 (10th Cir. filed March 31, 2014).
The proposed Settlement Agreement establishes deadlines by which
Wyoming and EPA will take certain specified actions with respect to
development of and action on a SIP revision addressing NOX
BART requirements for Wyodak. The proposed Settlement Agreement further
provides that, if certain conditions are met, Wyoming, PacifiCorp, and
EPA agree to move for dismissal of Wyoming's and PacifiCorp's
challenges to the Final rule. See the proposed Settlement Agreement for
specific details.
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 Settlement
Agreement. 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.
III. Additional Information About Commenting on the Proposed Settlement
Agreement
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2020-
0717, via https://www.regulations.gov. 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 https://www.regulations.gov 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 https://www.epa.gov/dockets/commenting-epa-dockets. 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 https://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.
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. 2020-29065 Filed 12-31-20; 8:45 am]
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