Proposed Consent Decree, Clean Air Act Citizen Suit

Issuing agencies

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.