[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66546-66548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25514]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2021-0800; FRL-9255-01-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 Civ. 8232 (JPO). On October 2, 2020,
Plaintiff Our Children's Earth Foundation filed a complaint in the
United States District Court for the Southern District of New York.
Plaintiff 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) revisions submitted by the State of New York.
The proposed consent decree would establish deadlines for EPA to act on
certain submissions.
DATES: Written comments on the proposed consent decree must be received
by December 23, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0800, 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
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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: Elizabeth Pettit, Air and Radiation
Law Office (7313K), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
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-2021-0800) 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 action pursuant to CAA section 110(k) on certain SIP submissions
by the State of New York. First, on September 28, 2015, the State of
New York made a SIP submission to EPA intended as a revision to the
Proposed 2015 Ozone Infrastructure SIP. On September 2, 2021, EPA
signed a final rule to approve in full the non-interstate transport
provisions of the SIP (86 FR 49252), and Plaintiff agrees to dismiss
its claim regarding this portion of the Proposed 2015 Ozone
Infrastructure SIP submission. For the interstate portion of the
Proposed 2015 Ozone Infrastructure SIP submission, the proposed consent
decree would require EPA to take final action by April 30, 2022. If, by
February 28, 2022, EPA signs for publication a proposal of full or
partial disapproval and a proposed federal implementation plan (FIP) to
cover those transport provisions, the EPA shall then have until
December 15, 2022 to take final action.
Second, on December 18, 2013, New York made a SIP submission to EPA
intended as a revision to the Part 220, Portland Cement Plants and
Glass Plants--Reasonably Available Control Technology (RACT)
Determinations SIP. The proposed consent decree would require EPA to
take action on this submission by February 29, 2024.
Third, on August 30, 2010, New York made a SIP submission to EPA
intended as a revision for the Single-Source SIP Revisions, RACT
Determinations (2010) SIP. The proposed consent decree would require
EPA to take action on this submission by February 29, 2024.
Fourth, on September 16, 2008, New York made a SIP submission to
EPA intended as a revision for the Single-Source SIP Revisions, RACT
Determinations (2008) SIP. The proposed consent decree would require
EPA to take action on this submission by February 29, 2024.
Fifth, on December 12, 2017, New York made a SIP submission to EPA
intended as a revision for the SIP Revisions Incorporating 6NYCRR Part
218, Emission Standards for Motor Vehicles and Motor Vehicle Engines.
The proposed consent decree would require EPA to take action on this
submission by February 29, 2024. However, if New York withdraws this
SIP submission before February 29, 2024, EPA shall no longer be subject
to this deadline for the withdrawn submission (or any withdrawn
portion).
Sixth, on July 12, 2013, New York made a SIP submission to EPA
intended as a revision for the Proposed Revision to State Plan for
Large Municipal Waste Combustors SIP. The proposed consent decree would
require EPA to take action on this submission by February 29, 2024.
Additionally, during the pendency of this litigation, in the
ordinary course of its administrative action, EPA has taken final
action on some of the SIP submissions originally at issue in the
litigation.\1\
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\1\ See, for example, 86 FR 49482 (September 3, 2021).
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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-
0800, 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
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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. 2021-25514 Filed 11-22-21; 8:45 am]
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