[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21118-21120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07655]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0175; FRL-9570-01-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 Sierra Club et
al. v. Regan, No. 21-cv-6956 (N.D. Cal, September 8, 2021). On
September 8, 2021, Plaintiffs Sierra Club, Environmental Integrity
Project, and Natural Resources Defense Council (collectively,
Plaintiffs) filed a complaint in the United States District Court for
the Northern District of California, Oakland Division. Plaintiffs
alleged that the Environmental Protection Agency (EPA or the Agency)
failed to undertake certain non-discretionary duties in accordance with
the Act to timely respond to numerous state implementation plan
submissions and to issue findings of failure to submit to numerous
other states who had failed to respond to an EPA finding that their
state plans were substantially inadequate under the Act. The proposed
consent decree would establish deadlines for EPA to act on certain
submissions and establish that certain claims in the Complaint are now
moot.
DATES: Written comments on the proposed consent decree must be received
by May 11, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0175, 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
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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: Seth Buchsbaum, Air and Radiation Law
Office (mail code), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone (202) 564-2484; 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-2022-0175) 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
On June 15, 2015, EPA issued findings of substantial inadequacy
pursuant to CAA section 110(k)(5) for SIP provisions applying to excess
emissions during startup, shutdown, and malfunction (``SSM'') periods
for 45 states and air districts. State Implementation Plans: Response
to Petition for Rulemaking; Restatement and Update of EPA's SSM Policy
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls
to Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction, 80 FR 33840 (June 12, 2015). EPA
accordingly issued a SIP Call requiring those 45 states and air
districts to submit plan revisions to correct SSM-related deficiencies
in their SIPs within 18 months, i.e., by November 22, 2016 (2015 SSM
SIP Call).
The proposed consent decree would establish deadlines for EPA to
take action pursuant to CAA section 110(k) on certain SIP revisions
that were submitted by the following states and air districts in
response to the 2015 SSM SIP Call: Alaska, Arizona--Arizona Department
of Environmental Quality, Arizona--Maricopa County Air Quality
Department, California--Eastern Kern Air Pollution Control District,
California--Imperial County Air Pollution Control District, Colorado,
Delaware, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana,
Maine, Michigan, Minnesota, Missouri, Mississippi, Montana, New Jersey,
New Mexico, North Dakota, New Mexico--Albuquerque-Bernalillo County,
Oklahoma, South Carolina, Tennessee, Virginia, Washington, and West
Virginia. Plaintiffs also alleged that EPA had failed to take action on
SIP revisions submitted by Texas and North Carolina in response to the
SIP call; however, EPA has withdrawn the SIP Calls submitted to those
states, mooting that portion of the litigation. SIP Call Withdrawal and
Air Plan Approval; NC: Large Internal Combustion Engines NOX
Rule Changes, 85 FR 23700 (April 28, 2020); Withdrawal of Finding of
Substantial Inadequacy of Implementation Plan and of Call for Texas
State Implementation Plan Revision-Affirmative Defense Provisions, 85
FR 7232 (February 7, 2020; effective March 9, 2020).
CAA section 110(k) sets forth the process by which EPA reviews SIP
submissions and revisions. 42 U.S.C. 7410(k). According to that
process, EPA must determine no later than 6 months after the date by
which a state is required to submit a SIP submittal whether a state has
made a submission that meets the minimum completeness criteria. Id.
7410(k)(1)(B). EPA refers to the determination that a state has not
submitted a requisite SIP submittal as a ``finding of failure to
submit.'' Plaintiffs alleged in the complaint that EPA failed to make
findings of failure to submit SIP revisions that remove or amend the
SIP-called provisions pursuant to CAA section 110(k)(1)(B), 42 U.S.C.
7410(k)(1)(B), for twelve additional states and air districts. However,
on January 12, 2022, EPA published findings of failure to submit in the
Federal Register for those twelve states and air districts, mooting
that portion of the litigation. Findings of Failure to Submit State
Implementation Plan Revisions in Response to the 2015 Findings of
Substantial Inadequacy and SIP Calls to Amend Provisions Applying
Excess Emissions During Periods of Startup, Shutdown, and Malfunction,
87 FR 1680 (January 12, 2022).
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 87 FR 7725 (February 10, 2022); 87 FR 8952 (February 17,
2022); 87 FR 14802 (March 16, 2022).
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Under the terms of the proposed consent decree, EPA shall sign a
notice or notices approving, disapproving, conditionally approving, or
approving in part and conditionally approving or disapproving in part
the SIP revisions as listed and identified in the proposed consent
decree by the established deadlines. The proposed consent decree
provides that if any State withdraws one of the listed SIP revisions,
EPA's obligation to take such an action is terminated.
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-2022-
0175, 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
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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. 2022-07655 Filed 4-8-22; 8:45 am]
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