Notice2025-16481
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 Commonwealth of Kentucky v. U.S. Environmental Protection Agency, No. 3:24-CV-600-CHB (W.D. Ky.). On October 16, 2024, Plaintiffs the Commonwealth of Kentucky, Energy and Environment Cabinet (KY EEC); Rebecca Goodman, Secretary of the KY EEC; and the Louisville Metro Air Pollution Control District filed a complaint in the United States District Court for the Western District of Kentucky, Louisville Division. Plaintiffs allege that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to timely approve or deny a request to redesignate the Kentucky portion of the Louisville, Kentucky-Indiana, 2015 8-hour ozone nonattainment area (the Area) to attainment for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards). The proposed consent decree would establish deadlines for EPA to approve or deny the request to redesignate.
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 42006-42007]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16481]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2025-1346; FRL-12947-01-OGC]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the
Act), notice is given of a proposed consent decree in Commonwealth of
Kentucky v. U.S. Environmental Protection Agency, No. 3:24-CV-600-CHB
(W.D. Ky.). On October 16, 2024, Plaintiffs the Commonwealth of
Kentucky, Energy and Environment Cabinet (KY EEC); Rebecca Goodman,
Secretary of the KY EEC; and the Louisville Metro Air Pollution Control
District filed a complaint in the United States District Court for the
Western District of Kentucky, Louisville Division. Plaintiffs allege
that the Environmental Protection Agency (EPA or the Agency) failed to
perform certain non-discretionary duties in accordance with the Act to
timely approve or deny a request to redesignate the Kentucky portion of
the Louisville, Kentucky-Indiana, 2015 8-hour ozone nonattainment area
(the Area) to attainment for the 2015 8-hour ozone National Ambient Air
Quality Standards (NAAQS or standards). The proposed consent decree
would establish deadlines for EPA to approve or deny the request to
redesignate.
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-2025-1346, 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: Karen Bianco, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-3298; email address <a href="/cdn-cgi/l/email-protection#f6949f97989599d89d97849398b6938697d8919980"><span class="__cf_email__" data-cfemail="3c5e555d525f5312575d4e59527c594c5d125b534a">[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-2025-1346) 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.''
[[Page 42007]]
II. Additional Information About the Proposed Consent Decree
On September 6, 2022, the Commonwealth of Kentucky submitted a
request for EPA to redesignate the Area to attainment for the 2015 8-
hour ozone NAAQS and to approve a State Implementation Plan revision
containing a maintenance plan for the Area. The proposed consent decree
would establish deadlines for EPA to approve or deny the request to
redesignate the Area to attainment for the 2015 8-hour ozone NAAQS.
The proposed consent decree would require the appropriate EPA
official to sign a final rule to approve or deny Kentucky's request by
no later than December 8, 2025. EPA would be required to provide
Plaintiffs with notice and a copy of the final rule within three
business days after the official's signature. The proposed consent
decree would also require EPA to transmit the final rule to the Office
of the Federal Register for review and publication in the Federal
Register within fifteen business days after the official's signature.
Finally, the proposed consent decree would require EPA to provide
Plaintiffs with notice of the transmittal of the final rule to the
Office of the Federal Register within five business days.
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-2025-
1346, 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. 2025-16481 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.