[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77209-77210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26471]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0569; FRL-10016-85-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 the Clean Air Act, as amended (CAA or the 
Act), notice is given of a proposed consent decree in Sierra Club v. 
Wheeler, No. 2:20-cv-00725-SMB (D. AZ). On April 14, 2020, the Sierra 
Club filed a complaint in the United States District Court for the 
District of Arizona, alleging that the Environmental Protection Agency 
(EPA) failed to perform certain non-discretionary duties. Plaintiff 
alleges that EPA failed to take final action to approve, disapprove, 
conditionally approve, or approve in part and disapprove in part, 
Arizona's nonattainment plan SIP submission for the West Pinal 
nonattainment area for the PM10 National Ambient Air Quality 
Standards (NAAQS). The proposed consent decree would establish a 
deadline for EPA to take action on the remaining portions of the SIP 
submission.

DATES: Written comments on the proposed consent decree must be received 
by December 31, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0569, 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: Geoffrey L. Wilcox, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone: (202) 564-5601; email address: wilcox.geoffrey@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-2020-0569) 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.''

[[Page 77210]]

II. Additional Information About the Proposed Consent Decree

    The proposed consent decree would require the EPA to take action 
pursuant to CAA section 110(k) on an Arizona state implementation plan 
(SIP) submission. On May 31, 2012, pursuant to CAA section 107(d), EPA 
designated a portion of Pinal County in Arizona as nonattainment for 
the PM10 NAAQS, effective July 2, 2012. On December 21, 
2015, the Arizona Department of Environmental Quality (``ADEQ'') 
submitted a SIP submission to EPA intended to meet the applicable 
Moderate nonattainment area plan requirements for the West Pinal 
nonattainment area. EPA determined that part of the SIP submission was 
complete on March 21, 2016, and EPA published a final rule approving 
that part of the SIP submission on May 1, 2017 (82 FR 20267).
    The proposed consent decree would require the Administrator, 
pursuant to CAA sections 110(k)(2)-(4), to take action on the remaining 
portion of Arizona's December 21, 2015, nonattainment plan SIP 
submission that EPA did not previously address in the May 1, 2017, 
final action.
    Under the terms of the proposed consent decree, EPA shall sign a 
notice or notices of final rulemaking that approve, disapprove, 
conditionally approve, or approve in part and disapprove in part, the 
remaining portion of Arizona's December 21, 2015, nonattainment plan 
SIP submission for the West Pinal area by July 30, 2021.
    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-
0569, 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 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. 2020-26471 Filed 11-30-20; 8:45 am]
BILLING CODE 6560-50-P


