Notice2023-15083
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 17, 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 Sierra Club v. U.S. EPA, et al., No. 3:23-cv-00780-TLT. On February 22, 2023, Plaintiff Sierra Club filed a complaint in the United States District Court for the Northern District of California Oakland Division, alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to promulgate a Federal implementation plan (FIP) within two years of finding that Texas failed to submit a state implementation plan (SIP) for the Rusk/Panola 2010 SO<INF>2</INF> National Ambient Air Quality Standard (SO<INF>2</INF> NAAQS) nonattainment area. EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing a deadline for EPA to take final action as specified in the decree.
Full Text
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<title>Federal Register, Volume 88 Issue 135 (Monday, July 17, 2023)</title>
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[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45416-45417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15083]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0349; FRL-11156-01-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 Sierra Club v.
U.S. EPA, et al., No. 3:23-cv-00780-TLT. On February 22, 2023,
Plaintiff Sierra Club filed a complaint in the United States District
Court for the Northern District of California Oakland Division,
alleging that the Environmental Protection Agency (EPA or the Agency)
failed to perform certain non-discretionary duties in accordance with
the Act to promulgate a Federal implementation plan (FIP) within two
years of finding that Texas failed to submit a state implementation
plan (SIP) for the Rusk/Panola 2010 SO<INF>2</INF> National Ambient Air
Quality Standard (SO<INF>2</INF> NAAQS) nonattainment area. EPA is
providing notice of this proposed consent decree, which would resolve
all claims in the case by establishing a deadline for EPA to take final
action as specified in the decree.
DATES: Written comments on the proposed consent decree must be received
by August 16, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0349, 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: Hali Kerr, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-2286; email address <a href="/cdn-cgi/l/email-protection#83c8e6f1f1adcbe2efeac3e6f3e2ade4ecf5"><span class="__cf_email__" data-cfemail="eca7899e9ec2a48d8085ac899c8dc28b839a">[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-2023-0349) 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 13, 2016, the EPA designated portions of Rusk and
Panola Counties, Texas as a ``nonattainment'' area for the 2010
SO<INF>2</INF> NAAQS (effective January 12, 2017). 81 FR 89870. The CAA
required the State of Texas to submit a SIP within 18 months of the
effective date of the designation that would provide pollution
reductions necessary for the Rusk-Panola nonattainment area to attain
the SO<INF>2</INF> NAAQS. Texas did not submit a SIP by the 18-month
deadline. On August 10, 2020, the EPA issued a statutorily required
Finding of Failure to Submit a SIP for the nonattainment area; this
created a duty for the EPA to promulgate a FIP for the nonattainment
area unless EPA takes final action approving a corrective SIP from the
State within two years of the effective date of the Finding of Failure
to Submit (by September 9, 2022). Texas did not obtain approval of a
corrective SIP by September 9, 2022.
On February 22, 2023, Plaintiff Sierra Club filed a complaint in
the United States District Court for the Northern District of
California Oakland Division, alleging that the EPA failed to promulgate
a FIP within two years of finding that Texas failed to submit a SIP for
the Rusk/Panola 2010 SO<INF>2</INF> NAAQS nonattainment area.\1\
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\1\ On February 28, 2022, the State of Texas submitted a SIP for
the nonattainment area; this SIP is currently being reviewed by the
EPA.
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The proposed consent decree would establish a deadline of December
13, 2024 for EPA to take final action promulgating a FIP for the
nonattainment area unless the EPA approves a corrective SIP for the
area satisfying the requirements of CAA section 172(c), 42 U.S.C.
7502(c), before that deadline.
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
[[Page 45417]]
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-
0349, 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. 2023-15083 Filed 7-14-23; 8:45 am]
BILLING CODE 6560-50-P
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