Notice2022-14220
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
July 5, 2022
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. 4:22-cv-02285 (N.D. Cal.). On April 13, 2022, Plaintiff Center for Biological Diversity (CBD) filed a complaint in the United States District Court for the Northern District of California. Plaintiffs alleged that the EPA failed to perform a mandatory duty under the Clean Air Act to complete a review of the secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen Oxides (NO<INF>X</INF>), Sulfur Oxides (SO<INF>X</INF>), and Particulate Matter (PM). The proposed consent decree would require EPA to complete a review of the secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen Oxides (NO<INF>X</INF>) and Sulfur Oxides (SO<INF>X</INF>), and the secondary NAAQS for Particulate Matter (PM) ecological effects. Specifically, the consent decree would require EPA to sign a proposed and final action in these NAAQS reviews by February 9, 2024 and December 10, 2024, respectively.
Full Text
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<title>Federal Register, Volume 87 Issue 127 (Tuesday, July 5, 2022)</title>
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[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Pages 39821-39822]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14220]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0477; FRL-9981-01-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. 4:22-cv-02285 (N.D. Cal.). On
April 13, 2022, Plaintiff Center for Biological Diversity (CBD) filed a
complaint in the United States District Court for the Northern District
of California. Plaintiffs alleged that the EPA failed to perform a
mandatory duty under the Clean Air Act to complete a review of the
secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen
Oxides (NO<INF>X</INF>), Sulfur Oxides (SO<INF>X</INF>), and
Particulate Matter (PM). The proposed consent decree would require EPA
to complete a review of the secondary National Ambient Air Quality
Standards (NAAQS) for Nitrogen Oxides (NO<INF>X</INF>) and Sulfur
Oxides (SO<INF>X</INF>), and the secondary NAAQS for Particulate Matter
(PM) ecological effects. Specifically, the consent decree would require
EPA to sign a proposed and final action in these NAAQS reviews by
February 9, 2024 and December 10, 2024, respectively.
DATES: Written comments on the proposed consent decree must be received
by August 4, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0447, 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: David Orlin, Air and Radiation Law
Office, Office of General Counsel, U.S.
[[Page 39822]]
Environmental Protection Agency; telephone (202) 564-1222; email
address <a href="/cdn-cgi/l/email-protection#9cd3eef0f5f2b2d8fdeaf5f8dcf9ecfdb2fbf3ea"><span class="__cf_email__" data-cfemail="ce81bca2a7a0e08aafb8a7aa8eabbeafe0a9a1b8">[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-2022-0447) 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
On April 13, 2022, Plaintiff Center for Biological Diversity (CBD)
filed a complaint in the United States District Court for the Northern
District of California (Center for Biological Diversity et al v. Regan,
4:22-cv-02285 (N.D. Cal.). CBD alleges that the EPA failed to perform a
mandatory duty to complete a review of the NO<INF>X</INF>,
SO<INF>X</INF>, and PM secondary NAAQS every five years. The proposed
consent decree would establish deadlines for EPA to take proposed and
final actions pursuant to Clean Air Act (CAA) section 109 to complete a
review of NO<INF>X</INF> and SO<INF>X</INF> secondary NAAQS and the PM
secondary NAAQS for ecological effects. Specifically, the consent
decree would require EPA to sign a proposed and final action in these
reviews by February 9, 2024 and December 10, 2024, respectively. EPA
completed a review of the secondary PM NAAQS for non-ecological effects
in 2020. The proposed consent decree would require EPA to complete a
review the secondary PM NAAQS for ecological effects.
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-
0447, 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. 2022-14220 Filed 7-1-22; 8:45 am]
BILLING CODE 6560-50-P
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