Notice2021-22519
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 15, 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 Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal). On May 12, 2021, Downwinders at Risk, Sierra Club, Center for Biological Diversity, Air Alliance Houston, Texas Environmental Justice Advocacy Services, Clean Wisconsin, Appalachian Mountain Club, Earthworks, Natural Resources Defense Council, and Environmental Defense Fund (Plaintiffs) filed a complaint in the United States District Court for the Northern District of California alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to take final action to approve or disapprove, in whole or in part, 32 state implementation plan submissions (SIPs) addressing interstate pollution transport for the 2015 ozone national ambient air quality standards (NAAQS) by statutory deadlines. The proposed consent decree would establish deadlines for EPA to act on these SIP submissions.
Full Text
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<title>Federal Register, Volume 86 Issue 197 (Friday, October 15, 2021)</title>
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[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Notices]
[Pages 57423-57425]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22519]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2021-0692; FRL-9132-01-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 Downwinders at
Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal). On May 12, 2021,
Downwinders at Risk, Sierra Club, Center for Biological Diversity, Air
Alliance Houston, Texas Environmental Justice Advocacy Services, Clean
Wisconsin, Appalachian Mountain Club, Earthworks, Natural Resources
Defense Council, and Environmental Defense Fund (Plaintiffs) filed a
complaint in the United States District Court for the Northern District
of California alleging that the Environmental Protection Agency (EPA or
the Agency) failed to perform certain non-discretionary duties in
accordance with the Act to take final action to approve or disapprove,
in whole or in part, 32 state implementation plan submissions (SIPs)
addressing interstate pollution transport for the 2015 ozone national
ambient air quality standards (NAAQS) by statutory deadlines. The
proposed consent decree would establish deadlines for EPA to act on
these SIP submissions.
DATES: Written comments on the proposed consent decree must be received
by November 15, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0692, 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
[[Page 57424]]
``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: Rosemary E. Hambright, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone (202) 564-8829; email address
<a href="/cdn-cgi/l/email-protection#3a525b575848535d524e144855495f575b4843145f7a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="6a020b070818030d021e441805190f070b1813440f2a0f1a0b440d051c">[email protected]</span></a>.
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-2021-0692) 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 would establish deadlines for EPA to
take action pursuant to CAA section 110(k) on certain SIP submissions
addressing the requirements of CAA section 110(a)(2)(D)(i)(I), 42
U.S.C. 7410(a)(2)(D)(i)(I) (the good neighbor or interstate transport
provision), to resolve a lawsuit filed by the Plaintiffs. Plaintiffs
alleged that the EPA failed to perform certain non-discretionary duties
in accordance with the Act to take final action to approve or
disapprove, in whole or in part, SIPs addressing interstate pollution
transport for the 2015 ozone national ambient air quality standards
(NAAQS) by statutory deadlines for the following states: Alabama,
Arizona, Arkansas, California, Connecticut, Florida, Georgia, Hawaii,
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New
Jersey, New York, North Carolina, Ohio, Oklahoma, South Carolina,
Tennessee, Texas, West Virginia, Wisconsin, and Wyoming.
Pursuant to CAA section 110(k), 42 U.S.C. 7410(k), SIP submissions
are deemed complete by operation of law 6 months after receipt by EPA.
EPA must approve or disapprove, in whole or in a part, SIP submissions
within 12 months of the SIP submissions being deemed complete.
The proposed consent decree would require the EPA, pursuant to CAA
section 110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final action
to approve or disapprove, in whole or in part, the portion of 2015
ozone NAAQS SIP submissions addressing the good neighbor provision from
the 32 states listed above.
Under the terms of the proposed consent decree, no later than April
30, 2022, EPA shall sign a notice of a final rule to approve,
disapprove, conditionally approve, or approve in part and conditionally
approve or disapprove in part, the 2015 ozone NAAQS interstate
transport SIP submissions from Alabama, Arkansas, Connecticut, Florida,
Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Maryland, Michigan, Minnesota, Mississippi, Missouri, New Jersey, New
York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas,
West Virginia, and Wisconsin. However, under the proposed consent
decree, if EPA proposes to disapprove any of these SIP submissions and
proposes a 2015 ozone NAAQS interstate transport federal implementation
plan for such states by February 28, 2022, then EPA shall take final
action on those SIP submissions by December 15, 2022.
In addition, under the terms of the proposed consent decree, no
later than April 30, 2022, EPA shall sign a notice of a final rule to
approve, disapprove, conditionally approve, or approve in part and
conditionally approve or disapprove in part, the 2015 ozone NAAQS
interstate transport SIP submission from Hawaii. Also, under the terms
of the proposed consent decree, no later than December 15, 2022, EPA
shall sign a notice of a final rule to approve, disapprove,
conditionally approve, or approve in part and conditionally approve or
disapprove in part, the 2015 ozone NAAQS interstate transport SIP
submissions from Arizona, California, Montana, Nevada, and Wyoming.
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-
0692, 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
[[Page 57425]]
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. 2021-22519 Filed 10-14-21; 8:45 am]
BILLING CODE 6560-50-P
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