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[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9849-9850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03753]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9942-74-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 hereby given of a proposed 
consent decree to address a lawsuit filed by Preserve Pepe`ekeo Health 
and Environment (``PPHE'') in the United States District Court for the 
District of Hawai'i: PPHE v. McCarthy, Civil Action No. 1:15-cv-00412-
ACK-BMK (D. Haw.). On October 10, 2015, Plaintiff filed a complaint 
alleging that Gina McCarthy, in her official capacity as Administrator 
of the United States Environmental Protection Agency (``EPA''), failed 
to perform a non-discretionary duty to grant or deny within 60 days a 
petition submitted by PPHE on September 13, 2014 requesting that EPA 
object to a CAA Title V permit issued by the Environmental Management 
Division of the Clean Air Branch, Hawaii Department of Health, to Hu 
Honua Bioenergy, LLC, authorizing the operation of the Hu Honua 
Bioenergy Facility located in Pepe`ekeo, Hawaii. The proposed consent 
decree would establish a deadline for EPA to take such action.

DATES: Written comments on the proposed consent decree must be received 
by March 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2016-0055, online at www.regulations.gov (EPA's preferred method); 
by email to oei.docket@epa.gov; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Anthony Moffa, Air and Radiation Law 
Office (2322A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-1087; email address: moffa.anthony@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by PPHE 
seeking to compel the Administrator to take actions under CAA section 
505(b)(2). Under the terms of the proposed consent decree, EPA would 
agree to sign its response granting or denying the petition filed by 
PPHE regarding the Hu Honua Bioenergy Facility located in Pepe`ekeo, 
Hawaii, pursuant to section 505(b)(2) of the CAA, on or before 
September 16, 2016.
    Under the terms of the proposed consent decree, EPA would 
expeditiously deliver notice of EPA's response to the Office of the 
Federal Register for review and publication following signature of such 
response. In addition, the proposed consent decree outlines the 
procedure for the Plaintiffs to request costs of litigation, including 
attorney fees.
    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. Unless EPA or the Department of 
Justice determines that consent to this consent decree should be 
withdrawn, the terms of the consent decree will be affirmed.

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-2016-0055) 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 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, Confidential Business 
Information (``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

[[Page 9850]]

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: February 5, 2016.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2016-03753 Filed 2-25-16; 8:45 am]
BILLING CODE 6560-50-P
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