Notice2025-16474
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
August 28, 2025
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 and Center for Environmental Health v. Lee Zeldin, No. 4:25-cv-03143-HSG (N.D. Cal). On April 8, 2025, Plaintiffs the Center for Biological Diversity and the Center for Environmental Health filed a complaint in the United States District Court for the Northern District of California, alleging that the Environmental Protection Agency (EPA) failed to perform its mandatory duties in accordance with the Act to determine whether the Mariposa County, California, and Phoenix-Mesa, Arizona non-attainment areas attained the 2015 ozone national ambient air quality standards (NAAQS) by the Moderate attainment date. The EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing deadlines for the EPA to take final action as specified in the decree.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 165 (Thursday, August 28, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Notices]
[Pages 42005-42006]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16474]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2025-0754; FRL-12893-02-OGC]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
-----------------------------------------------------------------------
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 and Center for Environmental Health v. Lee Zeldin,
No. 4:25-cv-03143-HSG (N.D. Cal). On April 8, 2025, Plaintiffs the
Center for Biological Diversity and the Center for Environmental Health
filed a complaint in the United States District Court for the Northern
District of California, alleging that the Environmental Protection
Agency (EPA) failed to perform its mandatory duties in accordance with
the Act to determine whether the Mariposa County, California, and
Phoenix-Mesa, Arizona non-attainment areas attained the 2015 ozone
national ambient air quality standards (NAAQS) by the Moderate
attainment date. The EPA is providing notice of this proposed consent
decree, which would resolve all claims in the case by establishing
deadlines for the EPA to take final action as specified in the decree.
DATES: Written comments on the proposed consent decree must be received
by September 29, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2025-0754, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (the 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: Karen Bianco, Office of General
Counsel, U.S. Environmental Protection Agency; telephone: (202) 564-
3298; email address: <a href="/cdn-cgi/l/email-protection#46242f27282529682d273423280623362768212930"><span class="__cf_email__" data-cfemail="82e0ebe3ece1edace9e3f0e7ecc2e7f2e3ace5edf4">[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-2025-0754) 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 deadlines of October
31, 2025, and February 3, 2026, for the EPA to sign notices of final
rule that fulfill the EPA's obligations under CAA section 181(b)(2)(A),
42 U.S.C. 7511(b)(2)(A), with respect to the Mariposa County,
California, and Phoenix-Mesa, Arizona 2015 ozone Moderate nonattainment
areas, respectively. The proposed consent decree would also require the
EPA to send notice of each action to the Office of the Federal Register
for review and publication in the Federal Register no later than 20
business days after signature.
In accordance with section 113(g) of the CAA, for a period of
thirty (30) days
[[Page 42006]]
following the date of publication of this document, the EPA will accept
written comments relating to the proposed consent decree. The 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-2025-
0754 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 the 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, the 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 the EPA to
contact you in case the 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 the EPA's electronic
public docket. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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 the EPA electronically is the EPA's preferred method for receiving
comments. The electronic public docket system is an ``anonymous
access'' system, which means the 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.'' The EPA is not required to consider these late
comments.
Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2025-16474 Filed 8-27-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 28, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.