[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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