[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Notices]
[Pages 65590-65591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23576]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0862; FRL-10367-01-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. U.S. EPA, No. 22-cv-276-CKK (D.D.C.). On February
2, 2022, Plaintiff Our Children's Earth Foundation filed a complaint in
the United States District Court for the District of Columbia, alleging
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) submissions
from the State of New Jersey. EPA is providing notice of this proposed
consent decree, which would resolve all claims in the case by
establishing deadlines for EPA to take final actions on twelve
submissions from New Jersey as specified in the decree.
DATES: Written comments on the proposed consent decree must be received
by November 30, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0862, 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 Decree
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2022-0862) 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 February 2, 2022, Plaintiff Our Children's Earth Foundation
filed a complaint in the United States District Court for the District
of Columbia, alleging 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) submissions from the State of New Jersey. The
proposed consent decree would establish deadlines for EPA to take
action pursuant to CAA section 110(k) on certain SIP revisions by the
State of New Jersey.
On July 20, 2009, New Jersey submitted a SIP revision on Diesel I/
M, Opacity Cutpoints. The proposed consent decree would require EPA to
take action to approve, disapprove, conditionally approve, or approve
in part and conditionally approve or disapprove in part, the Diesel I/
M, Opacity Cutpoints SIP revision by August 31, 2023.
On October 17, 2014, New Jersey submitted a SIP revision on 2010
SO2 Transport. The proposed consent decree would require EPA
to take action to approve, disapprove, conditionally approve, or
approve in part and conditionally approve or disapprove in part, the
2010 SO2 Transport SIP revision by August 30, 2024.
On December 14, 2017, New Jersey submitted a SIP revision covering
PM2.5 and Ammonia Emission Statement Reporting,
PM2.5 in Air Permitting, and Subchapter 8 permitting. The
proposed consent decree would require EPA to take action to approve,
disapprove, conditionally approve, or approve in part and conditionally
approve or disapprove in part, the PM2.5 and Ammonia
Emission Statement Reporting and PM2.5 in Air Permitting SIP
revisions by November 30, 2023, and the Subchapter 8 permitting SIP
revision by February 28, 2025.
On August 23, 2018, New Jersey submitted a SIP revision covering
Resiliency, Air Toxics, and Removal of CAIR and NOX Budget
Programs. The proposed consent decree would require EPA to take action
to approve, disapprove, conditionally approve, or approve in part and
conditionally approve or disapprove in part, the Resiliency and Air
Toxics SIP revisions by November 30, 2023, and on the Removal of CAIR
and NOX Budget Programs by August 30, 2024.
On January 2, 2018, New Jersey submitted a SIP revision on its 2008
Ozone Attainment Demonstration including RFP and its 2008 Ozone
Contingency Measures. The proposed consent decree would require EPA to
take action to approve, disapprove, conditionally approve, or approve
in part and conditionally approve or disapprove in part, these two SIP
revisions by August 30, 2024.
On May 13, 2019, New Jersey submitted a SIP revision for its 2015
Ozone Infrastructure SIP. The proposed consent decree would require EPA
to take action to approve, disapprove, conditionally approve, or
approve in part and conditionally approve or disapprove in part certain
elements of the 2015 Ozone Infrastructure SIP revision by August 30,
2024.
And on March 26, 2020, New Jersey submitted a SIP revision on the
Regional Haze Requirements for 2nd Planning Phase. The proposed consent
decree would require EPA to take action to approve, disapprove,
conditionally approve, or approve in part and conditionally approve or
disapprove in part the Regional Haze Requirements for 2nd Planning
Phase SIP revision by November 30, 2023.
[[Page 65591]]
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-
0862, 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
comments.
Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2022-23576 Filed 10-28-22; 8:45 am]
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