[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20166-20167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07061]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0198; FRL-10838-01-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 et al., v. Regan, No. 3:22-cv-03309-RS (N.D. 
Cal.). On June 7, 2022, Plaintiffs Center for Biological Diversity and 
Center for Environmental Health filed a complaint in the United States 
District Court for the Northern District of California. On September 
12, 2022, Plaintiffs filed an amended complaint. Plaintiffs 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 North Dakota, the State of California, the State of 
Colorado, and the State of Pennsylvania. Plaintiffs also alleged that 
EPA failed to promulgate a federal implementation plan (FIP) for the 
State of California and the State of New Hampshire. Certain claims 
included in the Amended Complaint have since been rendered moot, and 
the proposed consent decree would establish deadlines for EPA to sign a 
notice of final rulemaking on the remaining claims.

DATES: Written comments on the proposed consent decree must be received 
by May 5, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0198, 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.

FOR FURTHER INFORMATION CONTACT: Elizabeth Pettit, Air and Radiation 
Law Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone (202) 566-2879; email address 
[email protected].

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-2023-0198) 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.

[[Page 20167]]

    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 would establish deadlines for EPA to 
take action pursuant to CAA section 110(k) on certain SIP submissions 
by the State of Colorado, the State of California, and the State of New 
Hampshire. First, on March 22, 2021, the State of Colorado made a SIP 
submission addressing CAA section 182(c) requirements for the Denver 
Metro/North Front Range Serious nonattainment area under the 2008 ozone 
national ambient air quality standards (NAAQS). The proposed consent 
decree would require EPA to sign a notice of final rulemaking by 
September 29, 2023.
    Second, on February 3, 2017, EPA published a final rule that found 
that various nonattainment areas in the State of California and the 
State of New Hampshire failed to submit SIP revisions for various 
nonattainment SIP elements. The proposed consent decree would require 
EPA to sign a notice of final rulemaking for the nonattainment new 
source review (NSR) SIP element for the Los Angeles--San Bernardino 
Counties (West Mojave Desert), California nonattainment area by 
November 29, 2024. The proposed consent decree would require EPA to 
sign a notice of final rulemaking for various SIP elements or control 
techniques guidelines (CTG) for the Sacramento Metro, California 
nonattainment area (Sacramento Metropolitan Air Quality Management 
District) by March 31, 2024. The proposed consent decree would require 
EPA to sign a notice of final rulemaking for the reasonably available 
control technology (RACT) nitrogen oxides (NOx) for Major Sources SIP 
element for the Sacramento Metro, California nonattainment area 
(Sacramento Metropolitan Air Quality Management District) by September 
30, 2024. The proposed consent decree would require EPA to sign a 
notice of final rulemaking for various SIP elements or CTG for the 
Sacramento Metro, California nonattainment area (Yolo-Solano Air 
Quality Management District) by March 31, 2024. The proposed consent 
decree would require EPA to sign a notice of final rulemaking for 
various SIP elements or CTG for the New Hampshire portion of the ozone 
transport region by September 30, 2023. The proposed consent decree 
would require EPA to sign a notice of final rulemaking for the portion 
of the revision to the Placer County Air Pollution Control District 
portion of the California SIP concerning the minor source NSR by 
September 30, 2023.
    Third, on December 29, 2020, the State of California made a SIP 
submission addressing the 2020 RACT demonstration for the 2008 ozone 
NAAQS for San Diego County. The proposed consent decree would require 
EPA to sign a notice of final rulemaking for the demonstration, except 
for four declarations, by October 31, 2024.
    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-2023-
0198, via https://www.regulations.gov. 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 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. 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. 2023-07061 Filed 4-4-23; 8:45 am]
BILLING CODE 6560-50-P


