Notice2023-23142
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 20, 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 California Communities Against Toxics v. Regan, No. 1:22-cv- 1457 (D.D.C.). On May 24, 2022, California Communities Against Toxics, Clean Air Council, Clean Power Lake County, Delaware Concerned Residents for Environmental Justice, Greater-Birmingham Alliance to Stop Pollution, Kentucky Resources Council, New Castle Prevention Coalition, United Congregations of Metro-East, and Sierra Club (collectively, "Plaintiffs") filed a complaint in the United States District Court for the District of Columbia alleging that EPA failed to perform its non-discretionary duty to "review, and revise as necessary" the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Chemical Manufacturing Area Sources ("CMAS"), at least every 8 years. The proposed consent decree would establish deadlines for the EPA Administrator ("Administrator") to sign a notice of proposed rulemaking and a final rule for this action.
Full Text
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<title>Federal Register, Volume 88 Issue 202 (Friday, October 20, 2023)</title>
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[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72478-72479]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23142]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0511; FRL-11460-01-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 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 California Communities Against Toxics v. Regan, No. 1:22-cv-
1457 (D.D.C.). On May 24, 2022, California Communities Against Toxics,
Clean Air Council, Clean Power Lake County, Delaware Concerned
Residents for Environmental Justice, Greater-Birmingham Alliance to
Stop Pollution, Kentucky Resources Council, New Castle Prevention
Coalition, United Congregations of Metro-East, and Sierra Club
(collectively, ``Plaintiffs'') filed a complaint in the United States
District Court for the District of Columbia alleging that EPA failed to
perform its non-discretionary duty to ``review, and revise as
necessary'' the National Emission Standards for Hazardous Air
Pollutants (``NESHAP'') for Chemical Manufacturing Area Sources
(``CMAS''), at least every 8 years. The proposed consent decree would
establish deadlines for the EPA Administrator (``Administrator'') to
sign a notice of proposed rulemaking and a final rule for this action.
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-2023-0511, 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: Stacey Simone Garfinkle, Air and
Radiation Law Office, Office of General Counsel, U.S. Environmental
Protection Agency; telephone: (202) 564-3103; email address:
<a href="/cdn-cgi/l/email-protection#a1c6c0d3c7c8cfcacdc48fd2d5c0c2c4d8e1c4d1c08fc6ced7"><span class="__cf_email__" data-cfemail="294e485b4f404742454c075a5d484a4c50694c5948074e465f">[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-2023-0511) 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 May 24, 2022, Plaintiffs filed a complaint in the United States
District Court for the District of Columbia alleging that EPA failed to
perform its nondiscretionary duty under CAA section 112(d)(6) to
``review, and revise as necessary'' the CMAS NESHAP, 40 CFR part 63,
subpart VVVVVV, at least every 8 years. EPA promulgated the CMAS NESHAP
in 2009 (75 FR 77760, December 14, 2010) and most recently revised the
standards in 2012 (77 FR 75740, December 21, 2012). The proposed
consent decree, if finalized, would resolve Plaintiffs' complaint and
would require that EPA review, and revise as necessary, the CMAS
NESHAP, pursuant to CAA section 112(d)(6), by a date certain.
Specifically, under the terms of the proposed consent decree, the
Administrator would be required to sign a notice of proposed rulemaking
for the CMAS source category by November 13, 2024, and a final rule by
September 17, 2025.
For a period of thirty (30) days following the date of publication
of this notice, 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-2020-
[[Page 72479]]
0511, via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from this docket. The 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. The 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. 2023-23142 Filed 10-19-23; 8:45 am]
BILLING CODE 6560-50-P
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