[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Pages 39821-39822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14220]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2022-0477; FRL-9981-01-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 Center for 
Biological Diversity et al v. Regan, No. 4:22-cv-02285 (N.D. Cal.). On 
April 13, 2022, Plaintiff Center for Biological Diversity (CBD) filed a 
complaint in the United States District Court for the Northern District 
of California. Plaintiffs alleged that the EPA failed to perform a 
mandatory duty under the Clean Air Act to complete a review of the 
secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen 
Oxides (NOX), Sulfur Oxides (SOX), and 
Particulate Matter (PM). The proposed consent decree would require EPA 
to complete a review of the secondary National Ambient Air Quality 
Standards (NAAQS) for Nitrogen Oxides (NOX) and Sulfur 
Oxides (SOX), and the secondary NAAQS for Particulate Matter 
(PM) ecological effects. Specifically, the consent decree would require 
EPA to sign a proposed and final action in these NAAQS reviews by 
February 9, 2024 and December 10, 2024, respectively.

DATES: Written comments on the proposed consent decree must be received 
by August 4, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0447, 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: David Orlin, Air and Radiation Law 
Office, Office of General Counsel, U.S.

[[Page 39822]]

Environmental Protection Agency; telephone (202) 564-1222; 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-2022-0447) contains a copy of the proposed consent 
decree. 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 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 April 13, 2022, Plaintiff Center for Biological Diversity (CBD) 
filed a complaint in the United States District Court for the Northern 
District of California (Center for Biological Diversity et al v. Regan, 
4:22-cv-02285 (N.D. Cal.). CBD alleges that the EPA failed to perform a 
mandatory duty to complete a review of the NOX, 
SOX, and PM secondary NAAQS every five years. The proposed 
consent decree would establish deadlines for EPA to take proposed and 
final actions pursuant to Clean Air Act (CAA) section 109 to complete a 
review of NOX and SOX secondary NAAQS and the PM 
secondary NAAQS for ecological effects. Specifically, the consent 
decree would require EPA to sign a proposed and final action in these 
reviews by February 9, 2024 and December 10, 2024, respectively. EPA 
completed a review of the secondary PM NAAQS for non-ecological effects 
in 2020. The proposed consent decree would require EPA to complete a 
review the secondary PM NAAQS for ecological effects.
    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-
0447, 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. 2022-14220 Filed 7-1-22; 8:45 am]
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