Notice2024-00827
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
January 18, 2024
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 to address lawsuits filed by the South Coast Air Quality Management District, East Yard Communities for Environmental Justice, People's Collective for Environmental Justice, and Sierra Club (collectively, "Plaintiffs") in the United States District Court for the Central District of California: South Coast Air Quality Management District, East Yard Communities for Environmental Justice, People's Collective for Environmental Justice, and Sierra Club v. U.S. EPA and Michael Regan, in his official capacity, No. 2:23-cv-02646-JLS-PD (C.D. Cal.) and consolidated case (No. 2:23-cv-03545-JLS-PD). Plaintiffs filed complaints alleging that the Environmental Protection Agency (EPA) failed to perform certain non-discretionary duties in accordance with the Act to take final action on a state implementation plan (SIP) revision submitted by the State of California. 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 89 Issue 12 (Thursday, January 18, 2024)</title>
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[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Notices]
[Pages 3396-3397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00827]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2024-0012; FRL-11664-01-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 to address lawsuits
filed by the South Coast Air Quality Management District, East Yard
Communities for Environmental Justice, People's Collective for
Environmental Justice, and Sierra Club (collectively, ``Plaintiffs'')
in the United States District Court for the Central District of
California: South Coast Air Quality Management District, East Yard
Communities for Environmental Justice, People's Collective for
Environmental Justice, and Sierra Club v. U.S. EPA and Michael Regan,
in his official capacity, No. 2:23-cv-02646-JLS-PD (C.D. Cal.) and
consolidated case (No. 2:23-cv-03545-JLS-PD). Plaintiffs filed
complaints alleging that the Environmental Protection Agency (EPA)
failed to perform certain non-discretionary duties in accordance with
the Act to take final action on a state implementation plan (SIP)
revision submitted by the State of California. 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 February 20, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0012, 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: Abi Vijayan, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-3178; email address <a href="/cdn-cgi/l/email-protection#7b2d12111a021a15553a19123b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="f4a29d9e958d959adab5969db4918495da939b82">[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-2024-0012) 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 a deadline for EPA to
take action pursuant to CAA section 110(k) on a SIP revision submitted
by the State of California on December 31, 2019. This SIP revision was
submitted to address the contingency measure requirements of CAA
section 182(e)(5) for the 1997 ozone national ambient air quality
standards in the Los Angeles-South Coast Air Basin, California, ozone
nonattainment area. The proposed consent decree would require EPA to
sign a notice of final rulemaking by July 1, 2024, and, within 15
business days of signature, to send the required signed notice of final
rulemaking to the Office of the Federal Register for review and
publication.
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-2024-
0012, 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
[[Page 3397]]
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. 2024-00827 Filed 1-17-24; 8:45 am]
BILLING CODE 6560-50-P
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