[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34684-34685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12235]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2022-0403; FRL-9833-01-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 two proposed consent decrees: one would 
resolve all claims in Concerned Citizens of St. John, et al. v Regan, 
No. 21-cv-03063-TNM (D.D.C.) (``CCSJ Matter''), as well as the same 
claims brought in Environmental Integrity Project, et al. v. Regan, No. 
20-cv-03119-TNM (D.D.C.) (``EIP Matter''), and the second proposed 
consent decree would resolve all other claims in the EIP Matter. The 
two cases are now consolidated, and the Environmental Protection Agency 
(``EPA'' or ``the Agency'') is providing notice of these two proposed 
consent decrees that would resolve all claims in both cases by 
establishing deadlines for EPA to take proposed and final actions on, 
in the first consent decree, the National Emission Standards for 
Hazardous Air Pollutants (``NESHAP'') for the Group I Polymers & Resins 
(``P&R I'') source category, and in the second, certain New Source 
Performance Standards (``NSPS'') and NESHAP specified in that decree.

DATES: Written comments on the two proposed consent decrees must be 
received by July 7, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0403, 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.

FOR FURTHER INFORMATION CONTACT: Hali Kerr, Air and Radiation Law 
Office, Office of General Counsel, U.S. Environmental Protection 
Agency, telephone (202) 564-2286; email address [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Consent Decrees

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2022-0403) contains a copy of the two proposed consent 
decrees. The official public docket is available for public viewing at 
the Office of Environmental Information (OEI) Docket in the EPA Docket 
Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. 
The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OEI Docket is (202) 566-1752.
    The electronic version of the public docket for this action 
contains a copy of the two proposed consent decrees 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 Decrees

    On October 29, 2020, Plaintiffs Environmental Integrity Project, 
Clean Air Council, Air Alliance Houston, Chesapeake Climate Action 
Network, Earthworks, Environment America, Environment Texas, Hoosier 
Environmental Council, PennEnvironment, and Texas Campaign for the 
Environment (collectively, ``EIP Plaintiffs'') brought the EIP Matter 
in the United States District Court for the District of Columbia. EIP 
Plaintiffs filed a third amended complaint on December 10, 2021, 
alleging that the EPA failed to perform certain non-discretionary 
duties to review and, where appropriate or necessary, revise the flare 
control device requirements in the General Provisions for NSPS and 
NESHAP. They alleged in the alternative that EPA failed to review and, 
where appropriate or necessary, revise the NSPS for nine source 
categories and the NESHAP for eight source categories, including P&R I, 
that cross reference the flare control device requirements.
    On November 18, 2021, Plaintiffs Concerned Citizens of St. John, 
Louisiana Environmental Action Network, and Sierra Club (collectively, 
``CCSJ Plaintiffs'') brought the CCSJ Matter in the United States 
District Court for the District of Columbia. CCSJ Plaintiffs filed a 
first amended complaint on March 30, 2022, alleging that EPA failed to 
perform its obligations under the CAA to review, and revise as 
necessary (taking into account developments in practices, processes, 
and control technologies) the P&R I NESHAP at least every 8 years. On 
March 31, 2022, based on the P&R I claims in both cases, the Court 
granted a joint motion to consolidate the two cases, with the EIP 
Matter as the lead case.
    Pursuant to CAA section 113(g), EPA is providing notice of two 
proposed consent decrees that together would resolve all claims in the 
now consolidated EIP Matter and CCSJ Matter. One of the two proposed 
consent decrees would establish deadlines for EPA to take proposed and 
final actions pursuant to CAA section 112(d)(6), 42 U.S.C. 7412(d)(6), 
for the NESHAP for the source categories regulated under P&R I, 40 CFR 
part 63, subpart U (``Joint P&R I Consent Decree''). The Joint P&R I 
Consent Decree would require by March 31, 2023, that EPA sign for 
publication a proposed rule containing all ``necessary'' revisions to 
the P&R I NESHAP under section 112(d)(6) of the

[[Page 34685]]

Act (``taking into account developments in practices, processes, and 
control technologies''), and that EPA take final action by March 29, 
2024. The proposed Joint P&R I Consent Decree would resolve all claims 
in the CCSJ Matter and the same claims brought in the EIP Matter.
    The second proposed decree, which would resolve all remaining 
claims in the EIP Matter, would establish deadlines for EPA to take 
actions on one NSPS and two NESHAP that cross reference flare control 
device requirements (``Flare Consent Decree''). The Flare Consent 
Decree would establish deadlines for EPA to take certain proposed and 
final actions. Specifically, the Flare Consent Decree would require 
that EPA sign the following: a proposed action under CAA section 
111(b)(1)(B) on the NSPS for Volatile Organic Liquid Storage Vessels, 
40 CFR part 60, subpart Kb, by September 29, 2023, and a final action 
by September 30, 2024; a proposed action under CAA section 112(d)(6) on 
the NESHAP for Epoxy Resins Production and Non-Nylon Polyamides 
Production (``P&R II''), 40 CFR part 63, subpart W, by March 31, 2023, 
and final action by March 29, 2024; and a proposed action under CAA 
section 112(d)(6) on the NESHAP for Marine Tank Vessel Loading 
Operations, 40 CFR part 63, subpart Y, by December 19, 2025, and final 
action by December 19, 2026.
    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 either or both of 
the two proposed consent decrees. EPA or the Department of Justice may 
withdraw or withhold consent to either or both of the two proposed 
consent decrees 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 
Decrees

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-
0403, 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.
    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. 2022-12235 Filed 6-6-22; 8:45 am]
BILLING CODE 6560-50-P