Notice2023-12671
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 14, 2023
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with section 113(g) of 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 East Yard Communities for Environmental Justice v. EPA, No. 22-cv-0094 (D.D.C.). On January 13, 2022, Plaintiffs East Yard Communities for Environmental Justice, Ironbound Community Corporation, and Sierra Club (collectively Plaintiffs) filed a complaint in the United States District Court for the District of Columbia alleging that the EPA failed to perform its non-discretionary duty under to review and, if appropriate, revise new source performance standards and emissions guidelines for large municipal solid waste incinerators (LMWCs) at five-year intervals. In addition, Plaintiffs filed a separate petition on December 21, 2021, in the United States Court of Appeals for the District of Columbia seeking a writ of mandamus relating to a 2008 order of that court remanding to the EPA performance standards for LMWCs. EPA is providing notice of this proposed consent decree, which would resolve all claims in both cases by establishing deadlines for EPA to issue proposed and final rulemakings to review and, if necessary, revise emissions standards for LMWCs.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 114 (Wednesday, June 14, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38859-38861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12671]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0310; FRL-11030-01-OGC]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (CAA or the Act), the Environmental
[[Page 38860]]
Protection Agency (EPA or the Agency) is providing notice of a proposed
consent decree in East Yard Communities for Environmental Justice v.
EPA, No. 22-cv-0094 (D.D.C.). On January 13, 2022, Plaintiffs East Yard
Communities for Environmental Justice, Ironbound Community Corporation,
and Sierra Club (collectively Plaintiffs) filed a complaint in the
United States District Court for the District of Columbia alleging that
the EPA failed to perform its non-discretionary duty under to review
and, if appropriate, revise new source performance standards and
emissions guidelines for large municipal solid waste incinerators
(LMWCs) at five-year intervals. In addition, Plaintiffs filed a
separate petition on December 21, 2021, in the United States Court of
Appeals for the District of Columbia seeking a writ of mandamus
relating to a 2008 order of that court remanding to the EPA performance
standards for LMWCs. EPA is providing notice of this proposed consent
decree, which would resolve all claims in both cases by establishing
deadlines for EPA to issue proposed and final rulemakings to review
and, if necessary, revise emissions standards for LMWCs.
DATES: Written comments on the proposed consent decree must be received
by July 14, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0310, 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: Matthew McNerney, Air and Radiation
Law Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-1049; email address
<a href="/cdn-cgi/l/email-protection#caa7a9a4afb8a4afb3e4a7abbebea2afbd8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="0568666b60776b607c2b686471716d6072456075642b626a73">[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-2023-0310) 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 January 13, 2022, Plaintiffs East Yard Communities for
Environmental Justice, Ironbound Community Corporation, and Sierra Club
(collectively Plaintiffs) filed a complaint in the United States
District Court for the District of Columbia alleging that the EPA
failed to perform its non-discretionary duty under CAA section
129(a)(5) to review and, if appropriate, revise emissions standards for
large municipal solid waste incinerators (LMWCs) at five-year
intervals. In addition, on December 21, 2021, Plaintiffs filed a
separate petition in the United States Court of Appeals for the
District of Columbia seeking a writ of mandamus relating to a 2008
order of that court remanding to the EPA performance standards for
LMWCs (Petition Matter).
The proposed consent decree, if finalized, would establish
deadlines for the EPA to take proposed and final actions under CAA
section 129(a)(5) to review, and if appropriate, revise new source
performance standards and emissions guidelines for LMWCs. Specifically,
the EPA would be required to sign the proposed action by December 31,
2023, and final action by November 30, 2024. Further, Plaintiffs agree
to withdraw the related Petition Matter shortly after the entry of this
Consent Decree.
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-
0310, 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
[[Page 38861]]
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. 2023-12671 Filed 6-13-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 14, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.