Notice2023-12626
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 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Clean Air Act, as amended (CAA or the Act), the Environmental Protection Agency (EPA or the Agency) is providing notice of a proposed consent decree in Environmental Defense Fund, et al. v. EPA, No. 3:22-cv-7731-WHO (N.D. Cal.). On December 7, 2022, Plaintiffs Environmental Defense Fund and Sierra Club filed a complaint in the United States District Court for the Northern District of California alleging that EPA has failed to perform its nondiscretionary duty to "review and, if appropriate, revise" New Source Performance Standard ("NSPS") emission limits for new stationary combustion turbines, at least every 8 years. The proposed consent decree would establish deadlines for EPA to sign a proposed and final rule for this action.
Full Text
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<title>Federal Register, Volume 88 Issue 113 (Tuesday, June 13, 2023)</title>
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[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Notices]
[Pages 38507-38508]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12626]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0307; FRL-11027-01-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), the Environmental Protection Agency (EPA or the Agency) is
providing notice of a proposed consent decree in Environmental Defense
Fund, et al. v. EPA, No. 3:22-cv-7731-WHO (N.D. Cal.). On December 7,
2022, Plaintiffs Environmental Defense Fund and Sierra Club filed a
complaint in the United States District Court for the Northern District
of California alleging that EPA has failed to perform its
nondiscretionary duty to ``review and, if appropriate, revise'' New
Source Performance Standard (``NSPS'') emission limits for new
stationary combustion turbines, at least every 8 years. The proposed
consent decree would establish deadlines for EPA to sign a proposed and
final rule for this action.
DATES: Written comments on the proposed consent decree must be received
by July 13, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0307, 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: Daniel Schramm, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-3377; email address <a href="/cdn-cgi/l/email-protection#481b2b203a292525660c2926212d24082d3829662f273e"><span class="__cf_email__" data-cfemail="3360505b41525e5e1d77525d5a565f735643521d545c45">[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-2023-0307) 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 December 7, 2022, Plaintiffs Environmental Defense Fund and
Sierra Club (collectively ``Plaintiffs'') filed a complaint in the
United States District Court for the Northern District of California
alleging that EPA has failed to perform its nondiscretionary duty under
CAA section 111(b)(1)(B) to ``review and, if appropriate, revise'' New
Source Performance Standard (``NSPS'') nitrogen oxides (NO<INF>X</INF>)
limits for new stationary combustion turbines, 40 CFR part 60, subpart
KKKK (``NSPS Subpart KKKK''), at least every 8 years. The proposed
consent decree, would require that EPA: (i) sign a determination under
CAA section 111(b)(1)(B), 42 U.S.C. 7411(b)(1)(B) that ``review'' of
NSPS Subpart KKKK ``is not appropriate in light of readily available
information on the efficacy of [the] standard''; or (ii) review NSPS
Subpart KKKK under CAA
[[Page 38508]]
section 111(b)(1)(B), 42 U.S.C. 7411(b)(1)(B), and sign either: (A) a
proposed rulemaking containing revisions to NSPS Subpart KKKK; or (B) a
proposed determination not to revise NSPS Subpart KKKK by November 7,
2024. In addition, the proposed consent decree would require EPA to
sign one or a combination of the following: (i) a final rule containing
revisions to NSPS Subpart KKKK pursuant to 42 U.S.C. 7411(b)(1)(B); or
(ii) a final determination pursuant to 42 U.S.C. 7411(b)(1)(B) not to
revise Subpart KKKK by November 12, 2025.
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-
0307, 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. 2023-12626 Filed 6-12-23; 8:45 am]
BILLING CODE 6560-50-P
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