[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Pages 69240-69241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26434]



[EPA-HQ-OGC-2021-0850; FRL-9324-01-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.


SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the 
Act), notice is given of a proposed consent decree in Texas 
Environmental Justice Advocacy Services, et al. v. Regan, No. 1:20-cv-
03733-RJL. On December 18, 2020, Plaintiffs Texas Environmental Justice 
Advocacy Services, California Communities Against Toxics, Environmental 
Integrity Project, Louisiana Environmental Action Network, Ohio Valley 
Environmental Council, RISE St. James, and Sierra Club (collectively 
``Plaintiffs'') filed a complaint in the United States District Court 
for the District of Columbia. Plaintiffs alleged that the Environmental 
Protection Agency (EPA or the Agency) failed to perform certain non-
discretionary duties in accordance with the Act to ``review and, if 
appropriate, revise'' the New Source Performance Standards (``NSPS'') 
or to promulgate a determination that revision ``is not appropriate in 
light of readily available information on the efficacy of such 
standard[s]'' for four categories of synthetic organic chemical 
manufacturing industry (``SOCMI'') stationary sources, and to ``review, 
and revise as necessary'' the National Emission Standards for Hazardous 
Air Pollutants (``NESHAP'') for SOCMI source categories regulated under 
the Hazardous Organic NESHAP Rule (``HON'') at least every 8 years. The 
proposed consent decree would establish deadlines for EPA to take 

DATES: Written comments on the proposed consent decree must be received 
by January 6, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0850, 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 
    EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (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: Michael Thrift, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone (202) 564-8852; email address [email protected].


I. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2021-0850) contains a copy of the proposed consent 
    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

[[Page 69241]]

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 proposed and final actions pursuant to CAA sections 111(b)(1) and 
112(d)(6) for the NSPS for SOCMI under 40 CFR part 60, subparts III, 
NNN, RRR, and VVa and for the SOCMI source categories regulated under 
the HON Rule, 40 CFR part 63, subparts F, G, H, and I. The consent 
decree would require by December 16, 2022, that EPA review the NSPS 
under section 111(b)(1)(B) and sign either: (A) A proposed rule 
containing revisions to the NSPS; or (B) a proposed determination not 
to revise the NSPS, and then that EPA take final action by March 29, 
2024. In addition, it would require by December 16, 2022, that EPA sign 
for publication a proposed rule containing all ``necessary'' revisions 
(taking into account developments in practices, processes, and control 
technologies) to subparts F, G, H, and I under section 112(d)(6) of the 
Act, 42 U.S.C. 7412(d)(6), and then that EPA take final action by March 
29, 2024.
    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 

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2021-
0850, 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 

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2021-26434 Filed 12-6-21; 8:45 am]