Notice2022-12235
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
June 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of two proposed consent decrees: one would resolve all claims in Concerned Citizens of St. John, et al. v Regan, No. 21-cv-03063-TNM (D.D.C.) ("CCSJ Matter"), as well as the same claims brought in Environmental Integrity Project, et al. v. Regan, No. 20-cv-03119-TNM (D.D.C.) ("EIP Matter"), and the second proposed consent decree would resolve all other claims in the EIP Matter. The two cases are now consolidated, and the Environmental Protection Agency ("EPA" or "the Agency") is providing notice of these two proposed consent decrees that would resolve all claims in both cases by establishing deadlines for EPA to take proposed and final actions on, in the first consent decree, the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for the Group I Polymers & Resins ("P&R I") source category, and in the second, certain New Source Performance Standards ("NSPS") and NESHAP specified in that decree.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34684-34685]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12235]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0403; FRL-9833-01-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 two proposed consent decrees: one would
resolve all claims in Concerned Citizens of St. John, et al. v Regan,
No. 21-cv-03063-TNM (D.D.C.) (``CCSJ Matter''), as well as the same
claims brought in Environmental Integrity Project, et al. v. Regan, No.
20-cv-03119-TNM (D.D.C.) (``EIP Matter''), and the second proposed
consent decree would resolve all other claims in the EIP Matter. The
two cases are now consolidated, and the Environmental Protection Agency
(``EPA'' or ``the Agency'') is providing notice of these two proposed
consent decrees that would resolve all claims in both cases by
establishing deadlines for EPA to take proposed and final actions on,
in the first consent decree, the National Emission Standards for
Hazardous Air Pollutants (``NESHAP'') for the Group I Polymers & Resins
(``P&R I'') source category, and in the second, certain New Source
Performance Standards (``NSPS'') and NESHAP specified in that decree.
DATES: Written comments on the two proposed consent decrees must be
received by July 7, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0403, 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.
FOR FURTHER INFORMATION CONTACT: Hali Kerr, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency, telephone (202) 564-2286; email address <a href="/cdn-cgi/l/email-protection#79321c0b0b5731181510391c0918571e160f"><span class="__cf_email__" data-cfemail="713a1403035f39101d18311401105f161e07">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Consent Decrees
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2022-0403) contains a copy of the two proposed consent
decrees. 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.
The electronic version of the public docket for this action
contains a copy of the two proposed consent decrees 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 Decrees
On October 29, 2020, Plaintiffs Environmental Integrity Project,
Clean Air Council, Air Alliance Houston, Chesapeake Climate Action
Network, Earthworks, Environment America, Environment Texas, Hoosier
Environmental Council, PennEnvironment, and Texas Campaign for the
Environment (collectively, ``EIP Plaintiffs'') brought the EIP Matter
in the United States District Court for the District of Columbia. EIP
Plaintiffs filed a third amended complaint on December 10, 2021,
alleging that the EPA failed to perform certain non-discretionary
duties to review and, where appropriate or necessary, revise the flare
control device requirements in the General Provisions for NSPS and
NESHAP. They alleged in the alternative that EPA failed to review and,
where appropriate or necessary, revise the NSPS for nine source
categories and the NESHAP for eight source categories, including P&R I,
that cross reference the flare control device requirements.
On November 18, 2021, Plaintiffs Concerned Citizens of St. John,
Louisiana Environmental Action Network, and Sierra Club (collectively,
``CCSJ Plaintiffs'') brought the CCSJ Matter in the United States
District Court for the District of Columbia. CCSJ Plaintiffs filed a
first amended complaint on March 30, 2022, alleging that EPA failed to
perform its obligations under the CAA to review, and revise as
necessary (taking into account developments in practices, processes,
and control technologies) the P&R I NESHAP at least every 8 years. On
March 31, 2022, based on the P&R I claims in both cases, the Court
granted a joint motion to consolidate the two cases, with the EIP
Matter as the lead case.
Pursuant to CAA section 113(g), EPA is providing notice of two
proposed consent decrees that together would resolve all claims in the
now consolidated EIP Matter and CCSJ Matter. One of the two proposed
consent decrees would establish deadlines for EPA to take proposed and
final actions pursuant to CAA section 112(d)(6), 42 U.S.C. 7412(d)(6),
for the NESHAP for the source categories regulated under P&R I, 40 CFR
part 63, subpart U (``Joint P&R I Consent Decree''). The Joint P&R I
Consent Decree would require by March 31, 2023, that EPA sign for
publication a proposed rule containing all ``necessary'' revisions to
the P&R I NESHAP under section 112(d)(6) of the
[[Page 34685]]
Act (``taking into account developments in practices, processes, and
control technologies''), and that EPA take final action by March 29,
2024. The proposed Joint P&R I Consent Decree would resolve all claims
in the CCSJ Matter and the same claims brought in the EIP Matter.
The second proposed decree, which would resolve all remaining
claims in the EIP Matter, would establish deadlines for EPA to take
actions on one NSPS and two NESHAP that cross reference flare control
device requirements (``Flare Consent Decree''). The Flare Consent
Decree would establish deadlines for EPA to take certain proposed and
final actions. Specifically, the Flare Consent Decree would require
that EPA sign the following: a proposed action under CAA section
111(b)(1)(B) on the NSPS for Volatile Organic Liquid Storage Vessels,
40 CFR part 60, subpart Kb, by September 29, 2023, and a final action
by September 30, 2024; a proposed action under CAA section 112(d)(6) on
the NESHAP for Epoxy Resins Production and Non-Nylon Polyamides
Production (``P&R II''), 40 CFR part 63, subpart W, by March 31, 2023,
and final action by March 29, 2024; and a proposed action under CAA
section 112(d)(6) on the NESHAP for Marine Tank Vessel Loading
Operations, 40 CFR part 63, subpart Y, by December 19, 2025, and final
action by December 19, 2026.
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 either or both of
the two proposed consent decrees. EPA or the Department of Justice may
withdraw or withhold consent to either or both of the two proposed
consent decrees 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
Decrees
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-
0403, 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.
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. 2022-12235 Filed 6-6-22; 8:45 am]
BILLING CODE 6560-50-P
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