[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]
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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.
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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 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: [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-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]
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