[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Notices]
[Pages 58652-58653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23042]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2021-0725; FRL-9152-01-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 Our Children's 
Earth Foundation v. Regan, No. 20-cv-8530 (N.D. Cal.). On December 2, 
2020 and July 9, 2021, Our Children's Earth Foundation filed a 
complaint and an amended complaint, respectively, in the United States 
District Court for the Northern District of California, to compel the 
Administrator to assemble, publish, and publish notice of comprehensive 
documents setting forth the requirements of the state implementation 
plans (``SIPs'') for all 50 states of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Mariana Islands 
(collectively the ``States''). 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 November 22, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0725, 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: Charles Starrs, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone (202) 564-1996; 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-2021-0725) 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 fully resolve Our Children's 
Earth Foundation. v. Regan, No. 20-cv-8530 (N.D. CA.) (the Litigation). 
The Litigation claimed that CAA section 110(h)(1) required EPA to 
periodically publish comprehensive documents setting out the States' 
SIP requirements and also required EPA to periodically publish notice 
in the Federal Register of the availability of such documents. The 
Litigation also claimed that EPA had failed to comply with the 
requirements of CAA section 110(h)(1). Under the terms of the proposed 
consent decree, no later than December 31, 2021, EPA will assemble and 
publish online on EPA-managed or controlled websites the ``SIP Rules'' 
for all States, except for California, Connecticut, North Carolina, 
Wisconsin, Puerto Rico, and the U.S. Virgin Islands. The information 
published by that date will include SIP Rule revisions and submittals 
finally approved by EPA and published in the Federal Register on or 
before November 30, 2021. In addition, under the terms of the proposed 
consent decree, no later than September 30, 2022, EPA will

[[Page 58653]]

assemble and publish online on EPA-managed or controlled websites the 
SIP Rules, including SIP Rule revisions and submittals finally approved 
by EPA and published in the Federal Register on or before August 31, 
2022, for every State. The proposed consent decree does not require EPA 
to publish ``SIP Plans,'' consisting of various nonregulatory or quasi-
regulatory plans or material, as distinct from SIP Rules. The proposed 
consent decree also provides that, not later than November 30, 2022, 
EPA shall submit to the Office of the Federal Register, for publication 
in the Federal Register, a notice of availability of the SIP Rules 
information published by EPA on EPA-managed or controlled websites. See 
the proposed consent decree in the docket for other terms and 
conditions.
    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-
0725, 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. 2021-23042 Filed 10-21-21; 8:45 am]
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