Notice2022-27940
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 23, 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. 3:22-cv-00052-WHO (N.D. Cal.). On January 5, 2022, Plaintiffs Center for Biological Diversity and Center for Environmental Health filed a complaint in the United States District Court for the Northern District of California. On April 22, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to timely determine the attainment status of certain areas with respect to the 2008 ozone National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish deadlines for EPA to sign notices of final rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78958-78959]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27940]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0969; FRL-10517-01-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. 3:22-cv-00052-WHO (N.D.
Cal.). On January 5, 2022, Plaintiffs Center for Biological Diversity
and Center for Environmental Health filed a complaint in the United
States District Court for the Northern District of California. On April
22, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged
that the Environmental Protection Agency (EPA or the Agency) failed to
perform certain non-discretionary duties in accordance with the Act to
timely determine the attainment status of certain areas with respect to
the 2008 ozone National Ambient Air Quality Standards (NAAQS). The
proposed consent decree would establish deadlines for EPA to sign
notices of final rulemaking.
DATES: Written comments on the proposed consent decree must be received
by January 23, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0969, 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
[[Page 78959]]
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: Elizabeth Pettit, Air and Radiation
Law Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 566-2879; email address
<a href="/cdn-cgi/l/email-protection#46362332322f3268232a2f3c272423322e270623362768212930"><span class="__cf_email__" data-cfemail="e4948190908d90ca81888d9e858681908c85a4819485ca838b92">[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-2022-0969) 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 establish deadlines for EPA to
take action pursuant to CAA section 110(k) on certain state
implementation plan (SIP) submissions by the State of California and
the State of Texas. First, on September 23, 2021, the State of
California failed to make a SIP submission for the San Diego County
area for Reasonably Available Control Technology (RACT) measures not
tied to attainment for the 2008 ozone NAAQS. The proposed consent
decree would require EPA to sign a notice issuing a finding of failure
to submit for this SIP submission no later than April 30, 2023.
Second, on November 13, 2020, EPA determined that submittals for
the Dallas-Fort Worth area containing the SIP elements required for the
``Serious'' nonattainment classification with respect to the 2008 ozone
NAAQS were administratively complete. Thus, EPA had a duty to take
final action to approve, disapprove, or conditionally approve or
disapprove, in whole or in part, the SIP submittals by November 13,
2021. On September 16, 2022, and October 3, 2022, EPA approved Texas'
SIP revisions for the emissions inventory and nonattainment new source
review elements. (87 FR 56891; 87 FR 59697). The proposed consent
decree would require EPA to sign a notice of final rulemaking on the
remaining SIP elements by September 30, 2023.
Third, on February 22, 2019, EPA determined that submittal for the
Eastern Kern area containing the SIP element, Rule 425.3, Portland
cement kilns, was administratively complete. Thus, EPA had a duty to
take final action to approve, disapprove, or conditionally approve or
disapprove, in whole or in part, the SIP submittal by February 22,
2020. The proposed consent decree would require EPA to sign a notice of
final rulemaking on the remaining SIP element by June 30, 2023.
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-
0969, 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. 2022-27940 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P
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