Notice2026-19497
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
September 24, 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 Center for Biological Diversity and Center for Environmental Health v. Lee Zeldin, No. 4:25-cv-10007-JST. On November 20, 2025, and December 24, 2025, Plaintiffs Center for Biological Diversity and the Center for Environmental Health filed a complaint and amended complaint, respectively, in the United States District Court, Northern District of California, Oakland Division, 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 States of California and Colorado pertaining to the 2008 and 2015 ozone national ambient air quality standards (NAAQS). The EPA is providing notice of this proposed consent decree, which would resolve all remaining claims in the case by establishing deadlines for the EPA to take final action as specified in the decree.
Full Text
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<title>Federal Register, Volume 91 Issue 184 (Thursday, September 24, 2026)</title>
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[Federal Register Volume 91, Number 184 (Thursday, September 24, 2026)]
[Notices]
[Pages 60619-60620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19497]
[[Page 60619]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2026-7625; FRL-13613-01-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 Center for
Biological Diversity and Center for Environmental Health v. Lee Zeldin,
No. 4:25-cv-10007-JST. On November 20, 2025, and December 24, 2025,
Plaintiffs Center for Biological Diversity and the Center for
Environmental Health filed a complaint and amended complaint,
respectively, in the United States District Court, Northern District of
California, Oakland Division, 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 States of
California and Colorado pertaining to the 2008 and 2015 ozone national
ambient air quality standards (NAAQS). The EPA is providing notice of
this proposed consent decree, which would resolve all remaining 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 October 26, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2026-7625, 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: Corin James, Air and Radiation Law
Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-1754; email address <a href="/cdn-cgi/l/email-protection#6e040f030b1d400d011c07005e5f2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="4228232f27316c212d302b2c7273022732236c252d34">[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-2026-7625) 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 final
actions on the portions of SIP submissions as described in the proposed
consent decree by the associated deadlines. These include:
1. A notice of final rulemaking to approve, disapprove,
conditionally approve, or approve in part and conditionally approve or
disapprove in part, portions of the June 26, 2023 SIP submission as
described in the proposed consent decree. This June 26, 2023 SIP
submission addresses, among other revisions, nonattainment planning
requirements for the Denver-Boulder-Greeley-Ft. Collins-Loveland,
Colorado Severe nonattainment area with respect to the 2008 Ozone
NAAQS; nonattainment planning requirements for the Denver Metro/North
Front Range Moderate nonattainment area with respect to the 2015 Ozone
NAAQS (which is now classified as Serious); revisions to the State's
Regulation 3 including processing fees, hazardous air pollutants, and
other revisions; revisions to the State's Regulation 7 including SIP
strengthening measures, gasoline tank truck testing requirements, and
other revisions; revisions to the Common Provisions; and revisions to
the Motor Vehicle Emissions Budgets and Transportation Conformity with
respect to the 2015 Ozone NAAQS. The deadlines for action on different
portions of the June 23, 2026 Colorado SIP submission include July 9,
2027; August 31, 2027; and December 17, 2027. See the proposed consent
decree located in the docket for this rulemaking for a full list of the
SIP revisions on which the appropriate EPA official will sign a final
action and each associated deadline.
2. A notice of final rulemaking to approve a SIP revision submitted
to the EPA by the State of Colorado, promulgate a Federal
Implementation Plan (FIP), or approve in part a revised SIP revision
and promulgate a partial FIP to address the deficiencies identified in
the EPA's limited disapproval of certain portions of SIP submissions
submitted by the State of Colorado on May 14, 2018; May 13, 2020; March
22, 2021; May 18, 2021; and May 20, 2022, which were intended to
address certain Reasonably Available Control Technology (RACT)
requirements for the Denver-Boulder-Greeley-Ft. Collins-Loveland,
Colorado area's prior status as a Serious nonattainment area for the
2008 Ozone NAAQS, see 88 FR 29827 (May 9, 2023), no later than August
31, 2027.
3. A notice of final rulemaking to approve a SIP revision submitted
to the EPA by the State of California, promulgate a FIP, or approve in
part a revised SIP revision and promulgate a partial FIP to address the
deficiencies identified in the EPA's limited disapproval of CARB's Oil
and Gas Methane Rule, see 87 FR 59314, no later than March 15, 2028.
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 15 business days
after signature.
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 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.
[[Page 60620]]
III. Additional Information About Commenting on the Proposed Consent
Decree
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2026-
7625, 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. 2026-19497 Filed 9-23-26; 8:45 am]
BILLING CODE 6560-50-P
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