[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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