Notice2021-26434
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
December 7, 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 Texas Environmental Justice Advocacy Services, et al. v. Regan, No. 1:20-cv- 03733-RJL. On December 18, 2020, Plaintiffs Texas Environmental Justice Advocacy Services, California Communities Against Toxics, Environmental Integrity Project, Louisiana Environmental Action Network, Ohio Valley Environmental Council, RISE St. James, and Sierra Club (collectively "Plaintiffs") filed a complaint in the United States District Court for the District of Columbia. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non- discretionary duties in accordance with the Act to "review and, if appropriate, revise" the New Source Performance Standards ("NSPS") or to promulgate a determination that revision "is not appropriate in light of readily available information on the efficacy of such standard[s]" for four categories of synthetic organic chemical manufacturing industry ("SOCMI") stationary sources, and to "review, and revise as necessary" the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for SOCMI source categories regulated under the Hazardous Organic NESHAP Rule ("HON") at least every 8 years. The proposed consent decree would establish deadlines for EPA to take actions.
Full Text
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<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69240-69241]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26434]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2021-0850; FRL-9324-01-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 Texas
Environmental Justice Advocacy Services, et al. v. Regan, No. 1:20-cv-
03733-RJL. On December 18, 2020, Plaintiffs Texas Environmental Justice
Advocacy Services, California Communities Against Toxics, Environmental
Integrity Project, Louisiana Environmental Action Network, Ohio Valley
Environmental Council, RISE St. James, and Sierra Club (collectively
``Plaintiffs'') filed a complaint in the United States District Court
for the District of Columbia. Plaintiffs alleged that the Environmental
Protection Agency (EPA or the Agency) failed to perform certain non-
discretionary duties in accordance with the Act to ``review and, if
appropriate, revise'' the New Source Performance Standards (``NSPS'')
or to promulgate a determination that revision ``is not appropriate in
light of readily available information on the efficacy of such
standard[s]'' for four categories of synthetic organic chemical
manufacturing industry (``SOCMI'') stationary sources, and to ``review,
and revise as necessary'' the National Emission Standards for Hazardous
Air Pollutants (``NESHAP'') for SOCMI source categories regulated under
the Hazardous Organic NESHAP Rule (``HON'') at least every 8 years. The
proposed consent decree would establish deadlines for EPA to take
actions.
DATES: Written comments on the proposed consent decree must be received
by January 6, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0850, 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 Centers for Disease Control and Prevention (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: Michael Thrift, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone (202) 564-8852; email address <a href="/cdn-cgi/l/email-protection#99edf1ebf0ffedb7f4f0f2fcd9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="7c08140e151a0852111517193c190c1d521b130a">[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-2021-0850) 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
[[Page 69241]]
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 proposed and final actions pursuant to CAA sections 111(b)(1) and
112(d)(6) for the NSPS for SOCMI under 40 CFR part 60, subparts III,
NNN, RRR, and VVa and for the SOCMI source categories regulated under
the HON Rule, 40 CFR part 63, subparts F, G, H, and I. The consent
decree would require by December 16, 2022, that EPA review the NSPS
under section 111(b)(1)(B) and sign either: (A) A proposed rule
containing revisions to the NSPS; or (B) a proposed determination not
to revise the NSPS, and then that EPA take final action by March 29,
2024. In addition, it would require by December 16, 2022, that EPA sign
for publication a proposed rule containing all ``necessary'' revisions
(taking into account developments in practices, processes, and control
technologies) to subparts F, G, H, and I under section 112(d)(6) of the
Act, 42 U.S.C. 7412(d)(6), and then that EPA take final action by March
29, 2024.
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-
0850, 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. 2021-26434 Filed 12-6-21; 8:45 am]
BILLING CODE 6560-50-P
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