Notice2025-19264
Proposed Settlement Agreement, Clean Air Act Petition for Review
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 2, 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 settlement agreement to address two petitions for review filed by the Mojave Desert Air Quality Management District ("MDAQMD" or "the District") in the U.S. Court of Appeals for the Ninth Circuit: Mojave Desert Air Quality Management District v. EPA, No. 25-659 (9th Cir.), and Mojave Desert Air Quality Management District v. EPA, No. 25-1684 (9th Cir.). MDAQMD filed case number 25-659 on January 31, 2025, and case number 25-1684 on March 13, 2025. Both petitions pertain to Nonattainment New Source Review permitting requirements that apply in the Mojave Desert area under the CAA. The EPA is providing notice of this proposed settlement agreement, which would resolve both of MDAQMD's petitions for review as specified in the proposed agreement.
Full Text
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<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
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[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Notices]
[Pages 47748-47750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19264]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2025-1708; FRL-12977-01-OGC]
Proposed Settlement Agreement, Clean Air Act Petition for Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; 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 settlement agreement to
address two petitions for review filed by the Mojave Desert Air Quality
Management District (``MDAQMD'' or ``the District'') in the U.S. Court
of Appeals for the Ninth Circuit: Mojave Desert Air Quality Management
District v. EPA, No. 25-659 (9th Cir.), and Mojave Desert Air Quality
Management District v. EPA, No. 25-1684 (9th Cir.). MDAQMD filed case
number 25-659 on January 31, 2025, and case number 25-1684 on March 13,
2025. Both petitions pertain to Nonattainment New Source Review
permitting requirements that apply in the Mojave Desert area under the
CAA. The EPA is providing notice of this proposed settlement agreement,
which would resolve both of MDAQMD's
[[Page 47749]]
petitions for review as specified in the proposed agreement.
DATES: Written comments on the proposed settlement agreement must be
received by November 3, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2025-1708, 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 Settlement Agreement'' heading under
the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Jeanhee Hong, Air and Radiation Law
Office (MC 2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone (202) 564-7606; email address <a href="/cdn-cgi/l/email-protection#5a3235343d74303f3b34323f3f1a3f2a3b743d352c"><span class="__cf_email__" data-cfemail="acc4c3c2cb82c6c9cdc2c4c9c9ecc9dccd82cbc3da">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Settlement Agreement
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2025-1708) contains a copy of the proposed settlement
agreement.
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 settlement agreement 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 Settlement Agreement
On January 31, 2025, MDAQMD filed a petition for review in the
Ninth Circuit Court of Appeals of the EPA's final action titled,
``Federal Implementation Plan for Nonattainment New Source Review
Program; Mojave Desert Air Quality Management District, California,''
published at 89 FR 106332 (December 30, 2024) .\1\ On March 13, 2025,
MDAQMD filed a second petition for review in the Ninth Circuit Court of
Appeals asking the Court to ``vacate the Offset Sanctions'' that
applied in the Mojave Desert nonattainment area starting January 31,
2025 as a result of a separate final action taken by the EPA on June
30, 2023, also pertaining to Nonattainment New Source Review
requirements.\2\
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\1\ Petition for Review, Mojave Desert Air Quality Mgmt. Dist.
v. EPA, No. 25-659 (9th Cir.) (filed January 31, 2025) at 1.
\2\ Petition for Review, Mojave Desert Air Quality Mgmt. Dist.
v. EPA, No. 25-1684 (9th Cir.) (filed March 13, 2025) at 2.
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Under the terms of the proposed settlement agreement, the MDAQMD
agrees to file a pleading for dismissal with prejudice of both
petitions if: (1) the EPA takes final action to conditionally approve
the MDAQMD rules submitted to the EPA on August 7, 2024; \3\ (2) the
EPA takes final action to fully approve a revision to MDAQMD Rule
1304(C)(2)(d), as described in the settlement agreement; and (3) no
petition for review of either of these final actions is filed within
sixty days of their respective publications in the Federal Register.\4\
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\3\ See 90 FR 34785 (July 24, 2025) and docket at <a href="https://www.regulations.gov/document/EPA-R09-OAR-2025-0625-0005">https://www.regulations.gov/document/EPA-R09-OAR-2025-0625-0005</a>.
\4\ The proposed settlement agreement states that if a petition
for review is filed within sixty days of publication in the Federal
Register, other than by the MDAQMD, the MDAQMD ``may choose to delay
requesting the dismissal with prejudice of case numbers 25-659 and
25-1684 until after the petition(s) for review of the final rule(s)
is/are resolved.''
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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
settlement agreement from persons who were not named as parties to the
litigation in question. The EPA or the Department of Justice may
withdraw or withhold consent to the proposed settlement agreement if
the comments disclose facts or considerations that indicate that the
agreement is inappropriate, improper, inadequate, or inconsistent with
the requirements of the Act. Unless the EPA or the Department of
Justice determines that the settlement agreement should be withdrawn or
withheld, the terms of the agreement will be affirmed.
III. Additional Information About Commenting on the Proposed Settlement
Agreement
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2025-
1708, 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
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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. 2025-19264 Filed 10-1-25; 8:45 am]
BILLING CODE 6560-50-P
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