Notice2023-07061
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
April 5, 2023
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-03309-RS (N.D. Cal.). On June 7, 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 September 12, 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 respond to numerous state implementation plan (SIP) submissions from the State of North Dakota, the State of California, the State of Colorado, and the State of Pennsylvania. Plaintiffs also alleged that EPA failed to promulgate a federal implementation plan (FIP) for the State of California and the State of New Hampshire. Certain claims included in the Amended Complaint have since been rendered moot, and the proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking on the remaining claims.
Full Text
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<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20166-20167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07061]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0198; FRL-10838-01-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-03309-RS (N.D.
Cal.). On June 7, 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 September
12, 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 respond to numerous state implementation plan (SIP) submissions
from the State of North Dakota, the State of California, the State of
Colorado, and the State of Pennsylvania. Plaintiffs also alleged that
EPA failed to promulgate a federal implementation plan (FIP) for the
State of California and the State of New Hampshire. Certain claims
included in the Amended Complaint have since been rendered moot, and
the proposed consent decree would establish deadlines for EPA to sign a
notice of final rulemaking on the remaining claims.
DATES: Written comments on the proposed consent decree must be received
by May 5, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0198, 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: 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#47372233332e3369222b2e3d262522332f260722372669202831"><span class="__cf_email__" data-cfemail="23534657574a570d464f4a59424146574b42634653420d444c55">[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-2023-0198) 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.
[[Page 20167]]
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 SIP submissions
by the State of Colorado, the State of California, and the State of New
Hampshire. First, on March 22, 2021, the State of Colorado made a SIP
submission addressing CAA section 182(c) requirements for the Denver
Metro/North Front Range Serious nonattainment area under the 2008 ozone
national ambient air quality standards (NAAQS). The proposed consent
decree would require EPA to sign a notice of final rulemaking by
September 29, 2023.
Second, on February 3, 2017, EPA published a final rule that found
that various nonattainment areas in the State of California and the
State of New Hampshire failed to submit SIP revisions for various
nonattainment SIP elements. The proposed consent decree would require
EPA to sign a notice of final rulemaking for the nonattainment new
source review (NSR) SIP element for the Los Angeles--San Bernardino
Counties (West Mojave Desert), California nonattainment area by
November 29, 2024. The proposed consent decree would require EPA to
sign a notice of final rulemaking for various SIP elements or control
techniques guidelines (CTG) for the Sacramento Metro, California
nonattainment area (Sacramento Metropolitan Air Quality Management
District) by March 31, 2024. The proposed consent decree would require
EPA to sign a notice of final rulemaking for the reasonably available
control technology (RACT) nitrogen oxides (NOx) for Major Sources SIP
element for the Sacramento Metro, California nonattainment area
(Sacramento Metropolitan Air Quality Management District) by September
30, 2024. The proposed consent decree would require EPA to sign a
notice of final rulemaking for various SIP elements or CTG for the
Sacramento Metro, California nonattainment area (Yolo-Solano Air
Quality Management District) by March 31, 2024. The proposed consent
decree would require EPA to sign a notice of final rulemaking for
various SIP elements or CTG for the New Hampshire portion of the ozone
transport region by September 30, 2023. The proposed consent decree
would require EPA to sign a notice of final rulemaking for the portion
of the revision to the Placer County Air Pollution Control District
portion of the California SIP concerning the minor source NSR by
September 30, 2023.
Third, on December 29, 2020, the State of California made a SIP
submission addressing the 2020 RACT demonstration for the 2008 ozone
NAAQS for San Diego County. The proposed consent decree would require
EPA to sign a notice of final rulemaking for the demonstration, except
for four declarations, by October 31, 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-2023-
0198, 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. 2023-07061 Filed 4-4-23; 8:45 am]
BILLING CODE 6560-50-P
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