Notice2021-21564
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
October 5, 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 consent decree in Center for Biological Diversity, et al. v. Regan, No. 4-21-cv-02498-JST (N.D. CA.). On April 7, 2021 and May 26, 2021, the Center for Biological Diversity and the Center for Environmental Health (collectively, Plaintiffs) filed a complaint and a first amended complaint, respectively, in the United States District Court for the Northern District of California, alleging that the Administrator of the United States Environmental Protection Agency (EPA) failed to perform certain nondiscretionary duties.
Full Text
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<title>Federal Register, Volume 86 Issue 190 (Tuesday, October 5, 2021)</title>
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[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54968-54969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21564]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2021-0637; FRL-9089-01-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), notice is given of a proposed consent decree in Center for
Biological Diversity, et al. v. Regan, No. 4-21-cv-02498-JST (N.D.
CA.). On April 7, 2021 and May 26, 2021, the Center for Biological
Diversity and the Center for Environmental Health (collectively,
Plaintiffs) filed a complaint and a first amended complaint,
respectively, in the United States District Court for the Northern
District of California, alleging that the Administrator of the United
States Environmental Protection Agency (EPA) failed to perform certain
nondiscretionary duties.
DATES: Written comments on the proposed consent decree must be received
by November 4, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0637, 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 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>.
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: Derek Mills, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone (202) 564-3341; email address <a href="/cdn-cgi/l/email-protection#e08d898c8c93ce848592858ba0859081ce878f96"><span class="__cf_email__" data-cfemail="721f1b1e1e015c1617001719321702135c151d04">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: First, Plaintiffs allege that EPA failed to
issue a finding of failure to submit for state implementation plans
(SIPs) addressing reasonably available control technology (RACT) for
volatile organic compounds (VOC) from sources covered by the 2016 Oil
and Gas control techniques guideline (CTG) for the 2015 ozone National
Ambient Air Quality Standards (NAAQS) for states and areas listed in
the First Amended Complaint within six months after the SIP due date.
Second, Plaintiffs allege that EPA failed to take final action to
approve or disapprove, in whole or in part, Oil and Gas CTG SIPs for
the 2008 NAAQS submitted by various states for the nonattainment areas
listed in the First Amended Complaint. The proposed consent decree
would establish deadlines for EPA to take specified actions.
I. Obtaining a Copy of the Proposed Consent Decree
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2021-0637) 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, which would fully resolve the current
lawsuit cited above filed by the Center for Biological Diversity and
the Center for Environmental Health, would require the EPA to take
action under the CAA to make a finding of failure to submit for SIPs
addressing RACT for VOC from sources covered by the 2016 Oil and Gas
CTG pursuant to 42 U.S.C. 7410(k)(1)(B) for the 2015 ozone NAAQS for
certain states and areas as listed in the proposed consent decree
(Pennsylvania and New York), unless the state provides the SIP
submission and it is deemed complete prior to EPA issuing the finding.
The proposed consent decree would also require the EPA, pursuant to CAA
sections 110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final
[[Page 54969]]
action to approve or disapprove, in whole or in part a SIP submission
addressing the 2016 Oil and Gas CTG submitted by California to address
various areas as listed in the proposed consent decree.
Under the terms of the proposed consent decree, EPA shall sign a
notice or notices finding that the states identified as such in the
consent decree have failed to submit a SIP or SIP revision addressing
RACT for VOC sources covered by the Oil and Gas RACT CTG for the 2015
ozone NAAQS for the nonattainment area or state listed in the proposed
consent decree by the established deadline, unless the state provides
the SIP submission and it is deemed complete prior to EPA issuing the
finding. In addition, under the proposed consent decree, EPA shall sign
a notice or notices of final rulemaking to approve, disapprove,
conditionally approve, or approve in part and conditionally approve or
disapprove in part, the Oil and Gas RACT CTG SIP submission for the
areas as listed and identified as such in the proposed consent decree
by the established deadline.
In accordance with section 113(g) of the CAA, for a period of
thirty (30) days following the date of publication of this document,
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-
0637, 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. 2021-21564 Filed 10-4-21; 8:45 am]
BILLING CODE 6560-50-P
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