[Federal Register Volume 87, Number 212 (Thursday, November 3, 2022)]
[Notices]
[Pages 66299-66300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23909]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2022-0861; FRL-10385-01-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 hereby given of a proposed consent decree in Sierra 
Club, et al. v. Regan, No. 3:22-cv-01992-JD (N.D. Cal.). On March 29, 
2022, Plaintiffs Sierra Club, Air Alliance Houston, Center for 
Biological Diversity, Citizens for Pennsylvania's Future, Clean Air 
Council, and Texas Environmental Justice Advocacy Services filed a 
complaint in the United States District Court for the Northern District 
of California alleging that the Environmental Protection Agency (EPA or 
the Agency) failed to perform a non-discretionary duty in accordance 
with the Act to promulgate Federal Implementation Plans (FIPs) to 
address the ``Good Neighbor'' requirements of the CAA for the 2015 
ozone national ambient air quality standards (NAAQS) for four states: 
Pennsylvania, Utah, Virginia, and New Mexico. The proposed consent 
decree would establish deadlines for EPA to take specified actions.

DATES: Written comments on the proposed consent decree must be received 
by December 5, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0861, 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: Rosemary Hambright Kaban, Air and 
Radiation Law Office, Office of General Counsel, U.S. Environmental 
Protection Agency; telephone (202) 564-8829; 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-2022-0861) 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

    The proposed consent decree would resolve a lawsuit filed by Sierra 
Club et al. seeking to compel the Administrator to promulgate FIPs for 
the States of Pennsylvania, Utah, Virginia, and New Mexico to satisfy 
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone 
NAAQS. On October 1, 2015, EPA promulgated a final rule revising the 
ozone NAAQS. Effective January 6, 2020, EPA determined that New Mexico, 
Pennsylvania, Utah and Virginia had ``not submitted [a] complete 
interstate transport [SIP] to meet the requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS.'' \1\ This action 
established a 2-year deadline under CAA section 110(c)(1) for EPA to 
promulgate FIPs for New Mexico, Pennsylvania, Utah, and Virginia to 
satisfy these requirements unless, before EPA promulgates such FIPs, 
the State submits and EPA approves a state implementation plan (SIP) 
that meets these requirements.
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    \1\ 84 FR 66612, 66614 (December 5, 2019).
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    Under the terms of the proposed consent decree, no later than March 
15, 2023, EPA must sign a final rule or rules taking one or more of the 
following actions with respect to the States of Pennsylvania, Utah, and 
Virginia to meet the requirements of CAA section 110(a)(2)(D)(i)(I) 
regarding prohibiting significant contribution to nonattainment or 
interference with maintenance in other states for the 2015 ozone NAAQS: 
(a) promulgate a FIP; (b) approve a SIP; or (c) partially approve a SIP 
in conjunction with promulgating a partial FIP. In addition, under the 
terms of the proposed consent decree, no later than June 1, 2024, EPA 
must sign a final rule or rules taking one or more of the following 
actions with respect to the State of New Mexico to meet the 
requirements of CAA section 110(a)(2)(D)(i)(I) regarding prohibiting 
significant contribution to nonattainment or interference with 
maintenance in other states for the 2015 ozone NAAQS: (a) promulgate a 
FIP; (b) approve a SIP; or (c) partially approve a SIP in conjunction 
with promulgating a partial FIP.
    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-
0861, 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.

[[Page 66300]]

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. 2022-23909 Filed 11-2-22; 8:45 am]
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