[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Notices]
[Pages 51698-51700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18393]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0399; FRL-10013-98-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 section 113(g) of the Clean Air Act, as 
amended (CAA or the Act), notice is given of a proposed consent decree 
in Center for Biological Diversity, et al., v. Wheeler, No. 3:20-cv-
00448 (N.D. Cal.). On January 22, 2020 and February 19, 2020, the 
Center for Biological Diversity and the Center for Environmental Health 
(collectively, Plaintiffs) filed a complaint and a first amended 
complaint, respectively, in the United States District Court for the 
Northern District of California, alleging that the Administrator of the 
United States Environmental Protection Agency (EPA) failed to perform 
certain non-discretionary duties. First, Plaintiffs allege that EPA 
failed to issue a finding of failure to submit for state implementation 
plans (SIPs) addressing reasonably available control technology (RACT) 
for volatile organic compounds (VOC) from sources covered by the 2016 
Oil and Gas control techniques guideline (CTG) for the 2008 ozone 
National Ambient Air Quality Standards (NAAQS) for states and areas 
listed in the First Amended Complaint within six months after the SIP 
due date. Second,

[[Page 51699]]

Plaintiffs allege that EPA failed to take final action to approve or 
disapprove, in whole or in part, Oil and Gas CTG SIPs for the 2008 and/
or 2015 ozone NAAQS submitted by various states for the nonattainment 
areas and ozone transport region (OTR) states listed in the First 
Amended Complaint. The proposed consent decree would establish 
deadlines for EPA to take specified actions.

DATES: Written comments on the proposed consent decree must be received 
by September 21, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0399, online at https://www.regulations.gov (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 https://www.regulations.gov/, 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. Out of an abundance 
of caution for members of the public and our staff, the EPA Docket 
Center and Reading Room are closed to the public, with limited 
exceptions, to reduce the risk of transmitting COVID-19. Our Docket 
Center staff will continue to provide remote customer service via 
email, phone, and webform. We encourage the public to submit comments 
via https://www.regulations.gov, as there may be a delay in processing 
mail and faxes. Hand deliveries and couriers may be received by 
scheduled appointment only. For further information on EPA Docket 
Center services and the current status, please visit us online at 
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our Federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Derek Mills, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone: (202) 564-3341; email address: mills.derek@epa.gov.

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-2020-0399) contains a copy of the proposed consent 
decree.
    The electronic version of the public docket for this action 
contains a copy of the proposed consent decree, and is available 
through https://www.regulations.gov. You may use https://www.regulations.gov 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, which would fully resolve a lawsuit 
filed by the Center for Biological Diversity and the Center for 
Environmental Health, would require the EPA to take action under the 
CAA to make a finding of failure to submit for SIPs addressing RACT for 
VOC from sources covered by the 2016 Oil and Gas CTG pursuant to 42 
U.S.C. 7410(k)(1)(B) for the 2008 ozone NAAQS for certain states and 
areas as listed in the proposed consent decree. The proposed consent 
decree would also require the Administrator, pursuant to CAA sections 
110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final action to 
approve or disapprove, in whole or in part SIP submissions addressing 
the 2016 Oil and Gas CTG for the 2008 and/or 2015 ozone NAAQS submitted 
by various states for the nonattainment areas and OTR states as listed 
in the proposed consent decree.
    Under the terms of the proposed consent decree, EPA shall sign a 
notice or notices finding that the states identified as such in the 
consent decree have failed to submit a SIP or SIP revision addressing 
RACT for VOC sources covered by the Oil and Gas RACT CTG for the 2008 
ozone NAAQS for the nonattainment area or state listed in the proposed 
consent decree by the established deadline. In addition, under the 
proposed consent decree, EPA shall sign a notice of proposed and/or 
final rulemaking to approve, disapprove, conditionally approve, or 
approve in part and conditionally approve or disapprove in part, Oil 
and Gas RACT CTG SIPs for the 2008 and/or 2015 ozone NAAQS for the 
nonattainment areas and OTR states as listed and identified as such in 
the proposed consent decree by the established deadlines.
    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-2020-
0399, via https://www.regulations.gov. 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 EPA's docket at https://www.regulations.gov 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 https://www.epa.gov/dockets/commenting-epa-dockets. 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

[[Page 51700]]

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 https://www.regulations.gov 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. 2020-18393 Filed 8-20-20; 8:45 am]
BILLING CODE 6560-50-P


