Notice2022-13295
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 22, 2022
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Clean Air Act, as amended (CAA or the Act), notice is hereby given of a proposed consent decree in WildEarth Guardians v. Regan, No. 1:22-cv-174-RB-GBW (D.N.M.). On March 8, 2022, Plaintiff WildEarth Guardians filed a complaint in the United States District Court for the District of New Mexico alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform a non-discretionary duty in accordance with the Act to either promulgate a Federal Implementation Plan (FIP) or approve a State Implementation Plan (SIP) for New Mexico that meets CAA requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish a June 1, 2024, deadline for EPA to take specified actions.
Full Text
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<title>Federal Register, Volume 87 Issue 119 (Wednesday, June 22, 2022)</title>
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[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Notices]
[Pages 37331-37332]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13295]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0446; FRL-9940-01-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 hereby given of a proposed consent decree in WildEarth
Guardians v. Regan, No. 1:22-cv-174-RB-GBW (D.N.M.). On March 8, 2022,
Plaintiff WildEarth Guardians filed a complaint in the United States
District Court for the District of New Mexico alleging that the
Environmental Protection Agency (EPA or the Agency) failed to perform a
non-discretionary duty in accordance with the Act to either promulgate
a Federal Implementation Plan (FIP) or approve a State Implementation
Plan (SIP) for New Mexico that meets CAA requirements for the 2015
ozone National Ambient Air Quality Standards (NAAQS). The proposed
consent decree would establish a June 1, 2024, deadline for EPA to take
specified actions.
DATES: Written comments on the proposed consent decree must be received
by July 22, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0446, 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: Jeanhee Hong, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (415) 972-3921; email address <a href="/cdn-cgi/l/email-protection#40282f2e276e2a25212e282525002530216e272f36"><span class="__cf_email__" data-cfemail="aec6c1c0c980c4cbcfc0c6cbcbeecbdecf80c9c1d8">[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-2022-0446) contains a copy of the proposed consent
decree. 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 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 resolve a lawsuit filed by
WildEarth Guardians seeking to compel the Administrator to promulgate a
FIP for New Mexico to satisfy the requirements of CAA section
110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS. On October 1, 2015, EPA
promulgated a final rule revising the ozone NAAQS. Effective January 6,
2020, EPA determined that New Mexico had ``not submitted [a] complete
interstate transport [SIP] to meet the requirements of CAA section
110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS[,]'' which established a 2-
year deadline under CAA section 110(c)(1) for EPA to promulgate a FIP
for New Mexico to satisfy these requirements unless, before EPA
promulgates such FIP, the State submits and EPA approves a SIP that
meets these requirements.\1\
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\1\ 84 FR 66612, 66614 (December 5, 2019).
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Under the terms of the proposed consent decree, no later than June
1, 2024, EPA must sign a final rule or rules taking one or more of the
following actions with respect to the State of New Mexico to meet the
requirements of CAA section 110(a)(2)(D)(i)(I) regarding prohibiting
significant contribution to nonattainment or interference with
maintenance in other states for the 2015 ozone NAAQS: (a) promulgate a
FIP; (b) approve a SIP; or (c) approve in part a SIP in conjunction
with promulgating a partial FIP.
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-2022-
0446, 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
[[Page 37332]]
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. 2022-13295 Filed 6-21-22; 8:45 am]
BILLING CODE 6560-50-P
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