Notice2023-22081
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
October 4, 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 California Communities Against Toxics, et al. v. Regan, No. 1:22-cv-3005-RC (D.D.C.). On October 5, 2022, Plaintiffs California Communities Against Toxics, Missouri Coalition for the Environment Foundation, Natural Resources Defense Council, and Sierra Club filed a complaint in the United States District Court for the District of Columbia. On December 6, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to undertake certain non-discretionary duties under CAA to "review, and revise as necessary . . . no less often than every 8 years" the National Emission Standards for Hazardous Air Pollutants (NESHAP) From Secondary Lead Smelting because more than 8 years have passed since EPA completed the prior review of the NESHAP From Secondary Lead Smelting, ("the 2012 Rule"). In March 2012, Plaintiffs submitted a petition for reconsideration of the 2012 Rule. In December 2012, EPA granted Plaintiffs' request for reconsideration of the "ample margin of safety" analysis performed for the 2012 Rule and stated its intention to initiate a rulemaking addressing the same. Plaintiffs alleged that EPA failed to perform its obligations to reconsider the 2012 Rule and that this failure constitutes "agency action unreasonable delayed" under the CAA. The proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking containing all necessary revisions under the CAA and a notice of final rulemaking to address reconsideration of the "ample margin of safety" analysis in the 2012 Rule.
Full Text
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<title>Federal Register, Volume 88 Issue 191 (Wednesday, October 4, 2023)</title>
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[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68606-68607]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22081]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0486; FRL-11436-01-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 California
Communities Against Toxics, et al. v. Regan, No. 1:22-cv-3005-RC
(D.D.C.). On October 5, 2022, Plaintiffs California Communities Against
Toxics, Missouri Coalition for the Environment Foundation, Natural
Resources Defense Council, and Sierra Club filed a complaint in the
United States District Court for the District of Columbia. On December
6, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that
the Environmental Protection Agency (EPA or the Agency) failed to
undertake certain non-discretionary duties under CAA to ``review, and
revise as necessary . . . no less often than every 8 years'' the
National Emission Standards for Hazardous Air Pollutants (NESHAP) From
Secondary Lead Smelting because more than 8 years have passed since EPA
completed the prior review of the NESHAP From Secondary Lead Smelting,
(``the 2012 Rule''). In March 2012, Plaintiffs submitted a petition for
reconsideration of the 2012 Rule. In December 2012, EPA granted
Plaintiffs' request for reconsideration of the ``ample margin of
safety'' analysis performed for the 2012 Rule and stated its intention
to initiate a rulemaking addressing the same. Plaintiffs alleged that
EPA failed to perform its obligations to reconsider the 2012 Rule and
that this failure
[[Page 68607]]
constitutes ``agency action unreasonable delayed'' under the CAA. The
proposed consent decree would establish deadlines for EPA to sign a
notice of final rulemaking containing all necessary revisions under the
CAA and a notice of final rulemaking to address reconsideration of the
``ample margin of safety'' analysis in the 2012 Rule.
DATES: Written comments on the proposed consent decree must be received
by November 3, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0486, 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#64140110100d104a01080d1e050601100c05240114054a030b12"><span class="__cf_email__" data-cfemail="b2c2d7c6c6dbc69cd7dedbc8d3d0d7c6dad3f2d7c2d39cd5ddc4">[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-2023-0486) 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
sign a notice of final rulemaking containing all necessary revisions to
40 CFR part 63, subpart X, under CAA 112(d)(6), and a notice of final
rulemaking to address reconsideration of the ``ample margin of safety''
analysis in the 2012 Rule under CAA 112. First, for the NESHAP From
Secondary Lead Smelting under 40 CFR part 63, subpart X, the proposed
consent decree would require EPA to sign a proposed rule by September
30, 2025, and a final rule by September 30, 2026, containing all
necessary revisions under CAA 112(d)(6). Second, in response to the
reconsideration petition and pursuant to CAA 307, the proposed consent
decree would require EPA to sign a proposed rulemaking by September 30,
2025, and a final rule by September 30, 2026, to address the
reconsideration of the ``ample margin of safety'' analysis.
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-
0486, 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. 2023-22081 Filed 10-3-23; 8:45 am]
BILLING CODE 6560-50-P
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