Notice2023-23083
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 19, 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 Center for Biological Diversity v. United States Environmental Protection Agency, et al., No. 2:23-cv-01843 (E.D. Pa.). On May 16, 2023, Plaintiff Center for Biological Diversity filed a complaint in the Unites States District Court for the Eastern District of Pennsylvania. Plaintiff alleged that the Environmental Protection Agency (EPA or the Agency) has unreasonably delayed taking action following the United States Court of Appeals for the Third Circuit's September 3, 2021, order in Case No. 21-1279. That order granted EPA's request to remand to EPA for reconsideration a final rule titled "Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality Standards (NAAQS)," published in the Federal Register on December 14, 2020). The proposed consent decree would establish a deadline for EPA to complete its reconsideration of that final rule.
Full Text
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<title>Federal Register, Volume 88 Issue 201 (Thursday, October 19, 2023)</title>
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[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72067-72068]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23083]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0500; FRL-11447-01-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 Center for
Biological Diversity v. United States Environmental Protection Agency,
et al., No. 2:23-cv-01843 (E.D. Pa.). On May 16, 2023, Plaintiff Center
for Biological Diversity filed a complaint in the Unites States
District Court for the Eastern District of Pennsylvania. Plaintiff
alleged that the Environmental Protection Agency (EPA or the Agency)
has unreasonably delayed taking action following the United States
Court of Appeals for the Third Circuit's September 3, 2021, order in
Case No. 21-1279. That order granted EPA's request to remand to EPA for
reconsideration a final rule titled ``Air Plan Approval; Pennsylvania;
Reasonably Available Control Technology (RACT) for Volatile Organic
Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality
Standards (NAAQS),'' published in the Federal Register on December 14,
2020). The proposed consent decree would establish a deadline for EPA
to complete its reconsideration of that final rule.
DATES: Written comments on the proposed consent decree must be received
by November 20, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0500, 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: Derek Mills, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-3341; email address <a href="/cdn-cgi/l/email-protection#8be6e2e7e7f8a5efeef9eee0cbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="5a3733363629743e3f283f311a3f2a3b743d352c">[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-2023-0500) 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 14, 2020, EPA issued a final rule approving two
revisions to Pennsylvania's state implementation plan (SIP) to address
certain reasonably available control technology requirements,
specifically those related to control techniques guidelines for
volatile organic compounds and the addition of regulations controlling
volatile organic compounds emissions from industrial cleaning solvents.
That final rule was titled ``Air Plan Approval; Pennsylvania;
Reasonably Available Control Technology (RACT) for Volatile Organic
Compounds (VOC) Under the
[[Page 72068]]
2008 Ozone National Ambient Air Quality Standards (NAAQS),'' and
published at 85 FR 80616 (December 14, 2020) (``Final Rule'').
On February 12, 2021, Plaintiff petitioned the United States Court
of Appeals for the Third Circuit to review the Final Rule.\1\ On August
2, 2021, EPA filed a motion for voluntary remand without vacatur in
Third Circuit Case No. 21-1279 so that the Agency could reconsider the
Final Rule. On September 3, 2021, the Third Circuit granted EPA's
motion for voluntary remand without vacatur. To date, EPA has not
completed its reconsideration of the Final Rule. The proposed consent
decree would establish a deadline for EPA to complete its
reconsideration of the Final Rule. Further, if that reconsideration
process results in rulemaking, EPA shall, within 15 business days of
signature of a notice of a final rule, send the rulemaking package to
the Office of the Federal Register for review and publication in the
Federal Register.
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\1\ Center for Biological Diversity v. EPA, et al., Case No. 21-
1279 (3d. Cir.).
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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-
0500, 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. 2023-23083 Filed 10-18-23; 8:45 am]
BILLING CODE 6560-50-P
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