Proposed Consent Decree, Clean Air Act Citizen Suit

Issuing agencies

Abstract

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Our Children's Earth Foundation v. Zeldin, No. 3:25-cv-08994-WHO. On October 19, 2025, Plaintiff Our Children's Earth Foundation filed a complaint in the United States District Court for the Northern District of California, San Francisco Division. Plaintiff alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non- discretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions from the State of California. 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 203 (Thursday, October 22, 2026)</title>
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[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Notices]
[Pages 66698-66699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21609]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2026-9077; FRL-13669-01-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 Our Children's 
Earth Foundation v. Zeldin, No. 3:25-cv-08994-WHO. On October 19, 2025, 
Plaintiff Our Children's Earth Foundation filed a complaint in the 
United States District Court for the Northern District of California, 
San Francisco Division. Plaintiff alleged that the Environmental 
Protection Agency (EPA or the Agency) failed to perform certain non-
discretionary duties in accordance with the Act to timely respond to 
numerous state implementation plan (SIP) submissions from the State of 
California. 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 November 23, 2026.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2026-9077, 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: Catherine Schluter, Region IX, Office 
of Regional Counsel, U.S. Environmental Protection Agency; telephone 
(415) 972-3911; <a href="/cdn-cgi/l/email-protection#93e0f0fbffe6e7f6e1bdf0f2e7fbf6e1fafdf6d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="7704141f1b02031205591416031f12051e19123712071659101801">[email&#160;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-2026-9077) 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 EPA to 
take action pursuant to CAA section 110(k) on certain SIP submissions 
by the State of California. Under the terms of the proposed consent 
decree, EPA shall, in accordance with a stated schedule, take final 
action in response to all the California SIP submittals identified in 
the litigation that are still at issue (i.e., that EPA has not 
otherwise taken action on during the pending litigation). The schedule 
requires EPA to take such action on a certain specified number of the 
California SIP submittals that are at issue by each of six successive 
dates--December 15, 2026, December 15, 2027, December 15, 2028, June 
15, 2029, December 15, 2029, and December 15, 2030--such that by the 
last such date EPA will have taken action on all the submittals. In 
some instances, the schedule specifically identifies particular SIP 
submittals in response to which EPA must take action by a specified 
date, but otherwise, the schedule states that EPA must take action on a 
minimum number of submittals by each date. It is possible, while this 
litigation is pending and before the proposed consent decree is final, 
as EPA continues in the ordinary course of its administrative 
activities, that EPA may take action on more of the California SIP 
submittals presently at issue (and which the proposed consent decree 
currently addresses). In that event, the parties subsequently may 
slightly adjust the proposed consent decree to ensure that the consent 
decree is limited to the remaining outstanding SIP submittals. The 
structure and essence of the proposed consent decree would be 
unchanged, though, and EPA will be required to take action on all of 
the remaining SIP submittals at issue in accordance with the prescribed 
schedule.\1\
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    \1\ EPA would not regard any such future adjustments (if any) to 
the proposed consent decree as material and does not intend, in such 
event, to give further notice of the proposed consent decree.
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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 
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-2026-
9077, 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.

[[Page 66699]]

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. 2026-21609 Filed 10-21-26; 8:45 am]
BILLING CODE 6560-50-P


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