38074 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 

4 18 CFR 385.102(d). 

5 18 CFR 385.214. 

6 18 CFR 157.10. 

7Hand delivered submissions in docketed 

proceedings should be delivered to Health and 

Human Services, 12225 Wilkins Avenue, Rockville, 

Maryland 20852. 

8The applicant has 15 days from the submittal of 

a motion to intervene to file a written objection to 

the intervention. 

9 18 CFR 385.214(c)(1). 

10 18 CFR 385.214(b)(3) and (d). 

Commission’s environmental review 

process. 

The Commission considers all 

comments received about the project in 

determining the appropriate action to be 

taken. However, the filing of a comment 

alone will not serve to make the filer a 

party to the proceeding. To become a 

party, you must intervene in the 

proceeding. For instructions on how to 

intervene, see below. 

Interventions 

Any person, which includes 

individuals, organizations, businesses, 

municipalities, and other entities,4 has 

the option to file a motion to intervene 

in this proceeding. Only intervenors 

have the right to request rehearing of 

Commission orders issued in this 

proceeding and to subsequently 

challenge the Commission’s orders in 

the U.S. Circuit Courts of Appeal. 

To intervene, you must submit a 

motion to intervene to the Commission 

in accordance with Rule 214 of the 

Commission’s Rules of Practice and 

Procedure 5 and the regulations under 

the NGA 6 by the intervention deadline 

for the project, which is August 2, 2021. 

As described further in Rule 214, your 

motion to intervene must state, to the 

extent known, your position regarding 

the proceeding, as well as the your 

interest in the proceeding. [For an 

individual, this could include your 

status as a landowner, ratepayer, 

resident of an impacted community, or 

recreationist. You do not need to have 

property directly impacted by the 

project in order to intervene.] For more 

information about motions to intervene, 

refer to the FERC website at https://

www.ferc.gov/resources/guides/how-to/ 

intervene.asp. 

There are two ways to submit your 

motion to intervene. In both instances, 

please reference the Project docket 

number CP21–469–000 in your 

submission. 

(1) You may file your motion to 

intervene by using the Commission’s 

eFiling feature, which is located on the 

Commission’s website (www.ferc.gov) 

under the link to Documents and 

Filings. New eFiling users must first 

create an account by clicking on 

‘‘eRegister.’’ You will be asked to select 

the type of filing you are making; first 

select ‘‘General’’ and then select 

‘‘Intervention.’’ The eFiling feature 

includes a document-less intervention 

option; for more information, visit 

https://www.ferc.gov/docs-filing/efiling/ 

document-less-intervention.pdf; or 

(2) You can file a paper copy of your 

motion to intervene, along with three 

copies, by mailing the documents to the 

address below.7 Your motion to 

intervene must reference the Project 

docket number CP21–469–000. 

Kimberly D. Bose, Secretary, Federal 

Energy Regulatory Commission, 888 

First Street NE, Washington, DC 

20426 

The Commission encourages 

electronic filing of motions to intervene 

(option 1 above) and has eFiling staff 

available to assist you at (202) 502–8258 

or FercOnlineSupport@ferc.gov. 

Motions to intervene must be served 

on the applicant either by mail or email 

at: Gulf States Transmission LLC, 1300 

Main Street, Houston, Texas 77002; or at 

blair.lichtenwalter@energytransfer.com. 

Any subsequent submissions by an 

intervenor must be served on the 

applicant and all other parties to the 

proceeding. Contact information for 

parties can be downloaded from the 

service list at the eService link on FERC 

Online. Service can be via email with a 

link to the document. 

All timely, unopposed 8 motions to 

intervene are automatically granted by 

operation of Rule 214(c)(1).9 Motions to 

intervene that are filed after the 

intervention deadline are untimely, and 

may be denied. Any late-filed motion to 

intervene must show good cause for 

being late and must explain why the 

time limitation should be waived and 

provide justification by reference to 

factors set forth in Rule 214(d) of the 

Commission’s Rules and Regulations.10

A person obtaining party status will be 

placed on the service list maintained by 

the Secretary of the Commission and 

will receive copies (paper or electronic) 

of all documents filed by the applicant 

and by all other parties. 

Tracking the Proceeding 

Throughout the proceeding, 

additional information about the project 

will be available from the Commission’s 

Office of External Affairs, at (866) 208– 

FERC, or on the FERC website at 

www.ferc.gov using the ‘‘eLibrary’’ link 

as described above. The eLibrary link 

also provides access to the texts of all 

formal documents issued by the 

Commission, such as orders, notices, 

and rulemakings. 

In addition, the Commission offers a 

free service called eSubscription which 

allows you to keep track of all formal 

issuances and submittals in specific 

dockets. This can reduce the amount of 

time you spend researching proceedings 

by automatically providing you with 

notification of these filings, document 

summaries, and direct links to the 

documents. For more information and to 

register, go to www.ferc.gov/docs-filing/ 

esubscription.asp. 

Intervention Deadline: 5:00 p.m. 

Eastern Time on Monday, August 2, 

2021. 

Dated: July 12, 2021. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2021–15179 Filed 7–16–21; 8:45 am] 

BILLING CODE 6717–01–P 

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. 

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 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 


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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 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 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: 

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: 

starrs.charles@epa.gov. 

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 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 

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 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 


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38076 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 

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. 2021–15240 Filed 7–16–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2020–0599; FRL–8194–02– 

OAR] 

Notice of Final Approval for an 

Alternative Means of Emission 

Limitation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; final approval. 

SUMMARY: This action announces the 

Environmental Protection Agency (EPA) 

approval of the request by Rohm and 

Haas Chemicals LLC, a subsidiary of 

The Rohm and Haas Chemical Company 

(Rohm and Haas), under the Clean Air 

Act (CAA) for an alternative means of 

emission limitation (AMEL) for the 

Standards of Performance for Volatile 

Organic Liquid Storage Vessels. The 

AMEL applies to a proposed new vinyl 

acetate bulk storage tank to be used at 

its chemical plant in Kankakee, Illinois. 

The EPA received no adverse comments 

on the request. This approval document 

specifies the operating conditions and 

monitoring, recordkeeping, and 

reporting requirements that this facility 

must follow to demonstrate compliance 

with the approved AMEL. 

DATES: The approval of the AMEL 

request from Rohm and Haas to operate 

its storage tank in Kankakee, Illinois, as 

specified in this document, is effective 

on July 19, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2020–0599. All 

documents in the docket are listed on 

the https://www.regulations.gov/ 

website. Although listed, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through https://

www.regulations.gov/. 

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. For further 

information and updates on EPA Docket 

Center services, please visit us online at 

https://www.epa.gov/dockets. The EPA 

continues to carefully and continuously 

monitor information from the Center for 

Disease Control, local area health 

departments, and our Federal partners 

so that we can respond rapidly as 

conditions change regarding COVID–19. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final action, contact 

Ms. Angie Carey, Sector Policies and 

Programs Division (E143–01), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

2187; fax number: (919) 541–0516; and 

email address: carey.angela@epa.gov. 

SUPPLEMENTARY INFORMATION: Preamble 

acronyms and abbreviations. We use 

multiple acronyms and terms in this 

preamble. While this list may not be 

exhaustive, to ease the reading of this 

preamble and for reference purposes, 

the EPA defines the following terms and 

acronyms here: 

AMEL alternative means of emission 

limitation 

CAA Clean Air Act 

CFR Code of Federal Regulations 

EPA Environmental Protection Agency 

HAP hazardous air pollutant(s) 

NESHAP national emission standards 

for hazardous air pollutants 

NSPS new source performance 

standards 

OAQPS Office of Air Quality Planning 

and Standards 

PRD pressure relief device 

PRV pressure relief valve 

VAM vinyl acetate monomer 

VOC volatile organic compound(s) 

Organization of this document. The 

information in this document is 

organized as follows: 

I. Background 

II. Summary of Public Comments on the 

AMEL Request 

III. AMEL for the Storage Tank 

I. Background 

On February 8, 2021, the EPA 

provided public notice and solicited 

comment on the request under section 

111(h)(3) of the CAA by Rohm and Haas 

for an alternative means of emission 

limitation (AMEL) for the Standards of 

Performance for Volatile Organic Liquid 

Storage Vessels, 40 CFR part 60 subpart 

Kb, 40 CFR 60.112b, that would apply 

to a proposed new vinyl acetate bulk 

storage tank to be used at its chemical 

plant in Kankakee, Illinois (see 86 FR 

8618). The volatile organic compound 

(VOC) standards at 40 CFR 60.112b were 

established as work practice standards 

pursuant to CAA section 111(h)(1). For 

standards established according to that 

provision, CAA section 111(h)(3) allows 

the EPA to permit the use of an AMEL 

by a source if, after notice and 

opportunity for public hearing, it is 

established to the Administrator’s 

satisfaction that such AMEL will 

achieve emissions reductions at least 

equivalent to the reductions required 

under the applicable CAA section 

111(h)(1) standards. NSPS subpart Kb 

also includes specific regulatory 

provisions (i.e., 40 CFR 114b) allowing 

sources to request an AMEL for the VOC 

standards at 40 CFR 60.112b. 

In the initial notice, the EPA solicited 

comment on all aspects of the AMEL 

request, including the operating 

conditions specified in that document 

that are necessary to achieve a reduction 

in emissions of volatile organic 

compounds at least equivalent to the 

reductions required by 40 CFR 60.112b. 

Rohm and Haas intends to replace the 

existing vinyl acetate monomer (VAM) 

(CAS 108–05–4) tank (TK–72) with the 

proposed bulk storage tank. 

Rohm and Haas included in its AMEL 

application information to demonstrate 

that the proposed bulk storage tank, 

through its vapor balancing system and 


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