Notice2026-11199
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
June 4, 2026
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 Committee for a Better Arvin, et al. v. U.S. EPA, et al., No. 3:26-cv-00659-TLT. On January 1, 2026, Plaintiffs Committee for a Better Arvin, Medical Advocates for Healthy Air and Sierra Club 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 certain non-discretionary duties in accordance with the Act to take final action on certain state implementation plan (SIP) revisions submitted by the State of California pertaining to the penalty fee program and contingency measure requirements for purposes of the 2008 and 2015 ozone national ambient air quality standards (NAAQS) in the San Joaquin Valley area. 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 actions as specified in the decree.
Full Text
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<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Notices]
[Pages 33721-33722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11199]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2026-2971; FRL-13337-01-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 in Committee for a
Better Arvin, et al. v. U.S. EPA, et al., No. 3:26-cv-00659-TLT. On
January 1, 2026, Plaintiffs Committee for a Better Arvin, Medical
Advocates for Healthy Air and Sierra Club 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 certain non-discretionary duties in accordance with the Act to
take final action on certain state implementation plan (SIP) revisions
submitted by the State of California pertaining to the penalty fee
program and contingency measure requirements for purposes of the 2008
and 2015 ozone national ambient air quality standards (NAAQS) in the
San Joaquin Valley area. 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 actions as specified
in the decree.
DATES: Written comments on the proposed consent decree must be received
by July 6, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2026-2971, 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: Jeff Wehling, Region IX, Office of
Regional Counsel, U.S. Environmental Protection Agency; telephone (415)
972-3901; email address <a href="/cdn-cgi/l/email-protection#710614191d181f165f1b1417171403021e1f311401105f161e07"><span class="__cf_email__" data-cfemail="c8bfada0a4a1a6afe6a2adaeaeadbabba7a688adb8a9e6afa7be">[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-2026-2971) 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 for the EPA
to take action pursuant to CAA section 110(k) on a SIP revision that
includes the San Joaquin Valley Unified Air Pollution Control
District's (``District's'') Rules 3172 (``Federally Mandated Ozone
Nonattainment Fee--2008 8-Hour Standard'') and 3173 (``Federally
Mandated Ozone Nonattainment Fee--2015 8-Hour Standard''), submitted by
the State of California on March 13, 2024. District Rules 3172 and 3173
address the penalty fee program requirements for the San Joaquin Valley
area for the 2008 and 2015 ozone NAAQS, respectively.
The proposed consent decree would also establish a deadline for the
EPA to take action pursuant to CAA section
[[Page 33722]]
110(k) on a SIP revision titled ``Ozone Contingency Measure State
Implementation Plan Revision for the 2008 and 2015 8-Hour Ozone
Standards'' (``Ozone Contingency Measure Plan''), submitted by the
State of California on April 29, 2024. The Ozone Contingency Measure
Plan addresses the contingency measure requirements for the San Joaquin
Valley area for the 2008 and 2015 ozone NAAQS.
The proposed consent decree would require the EPA to sign final
rules taking action on the submissions of District Rules 3172 and 3173
and the Ozone Contingency Measure Plan by September 30, 2026. In all
instances, the proposed consent decree would require the EPA, within 15
business days of signature, to send the required final rules to the
Office of the Federal Register for review and publication in the
Federal Register.
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. 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-2026-
2971, 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 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. 2026-11199 Filed 6-3-26; 8:45 am]
BILLING CODE 6560-50-P
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