Proposed Consent Decree, Clean Air Act Citizen Suit

Issuing agencies

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 State of New York v. Regan, No. 1:23-cv-2767 (D.D.C.). On September 21, 2023, Plaintiffs New York, Alaska, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Vermont, Washington, and the Puget Sound Clean Air Agency (collectively, "Plaintiffs"), filed a complaint in the United States District Court for the District of Columbia alleging that EPA failed to perform certain non-discretionary duties pursuant to the CAA to, at least every 8 years, review and, if appropriate, revise New Source Performance Standards ("NSPS") or to promulgate a determination that such review "is not appropriate in light of readily available information on the efficacy of such standard[s]" for New Residential Wood Heaters ("NSPS subpart AAA") and New Residential Hydronic Heaters and Forced-Air Furnaces ("NSPS subpart QQQQ"). The proposed consent decree would establish deadlines for the EPA Administrator ("Administrator") to either sign proposed and final rulemakings as to these two NSPS subparts, or sign a final determination not to review, in accordance with the Act.