[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29770-29771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11692]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2021-0351; FRL-10024-26-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 section the Clean Air Act, as amended
(``CAA'' or the ``Act''), notice is given of a proposed consent decree
in Association of Irritated Residents v. EPA, No. 4:21-cv-426-JST (N.D.
CA.). On January 17, 2021, Plaintiff filed a complaint in the United
States District Court for the Northern District of California, Oakland
Division, alleging that the Environmental Protection Agency (EPA)
failed to perform several mandatory duties under the CAA. On May 10,
2019, the State of California submitted a SIP revision to EPA with two
components titled ``2018 Plan for the 1997, 2006, and 2012
PM2.5 Standards'' and ``San Joaquin Valley Supplement to the
2016 State Strategy for the State Implementation Plan'' (together, the
``SJV PM2.5 Plan'') to address CAA requirements for
attainment of the PM2.5 NAAQS in the SJV Area. The SJV
PM2.5 Plan includes measures intended to control emissions
of fine particulate matter and its precursors within the San Joaquin
Valley for purposes of attaining the 1997 annual and 24-hour
PM2.5 NAAQS, 2006 24-hour PM2.5 NAAQS and 2012
annual PM2.5 NAAQS. The proposed consent decree would
establish deadlines for EPA to take final actions on the portions of
the SJV PM2.5 Plan that address requirements for the various
PM2.5 NAAQS by specific dates.
DATES: Written comments on the proposed consent decree must be received
by July 6, 2021.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2021-0351, 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.
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-2021-0351) 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 would establish deadlines for EPA to
take final
[[Page 29771]]
actions pursuant to the CAA. First, the proposed consent decree would
establish a deadline for EPA to take action pursuant to CAA section
110(k)(2)-(4) to approve, disapprove, conditionally approve, or approve
in part and disapprove in part the SJV PM2.5 Plan's 2006 24-
hour PM2.5 NAAQS Serious area plan contingency measures
element. The proposed consent decree would require EPA to take action
on the SIP submission for this requirement by no later than November
30, 2021.
Second, the proposed consent decree would establish a deadline for
EPA to take final action pursuant to CAA section 110(k)(2)-(4) to
approve, disapprove, conditionally approve, or approve in part and
disapprove in part, the SJV PM2.5 Plan's 1997 24-hour
PM2.5 NAAQS Serious area and CAA section 189(d) plan. The
proposed consent decree would require EPA to take action on the SIP
submission for these requirements by no later than February 28, 2022.
Third, the proposed consent decree would establish a deadline for
EPA to take final action pursuant to CAA section 110(k)(2)-(4) to
approve, disapprove, conditionally approve, or approve in part and
disapprove in part, the SJV PM2.5 Plan's 2012 annual
PM2.5 NAAQS Serious area plan. The proposed consent decree
would require EPA to take action on the SIP submission for these
requirements by no later than April 29, 2022.
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-2021-
0351, 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. 2021-11692 Filed 6-2-21; 8:45 am]
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