[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71631-71632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25603]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0894; FRL-10411-01-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), EPA is providing notice of a proposed consent decree in
Comit[eacute] Progreso de Lamont, et al. v. United States Environmental
Protection Agency, et al., No. 3:21-cv-08733-WHA (N.D. Cal.). On
November 10, 2021, Plaintiffs Comit[eacute] Progreso de Lamont,
Committee for a Better Arvin, Committee for a Better Shafter, Central
California Environmental Justice Network, Association of Irritated
Residents, Medical Advocates for Healthy Air, National Parks
Conservation Association, and Sierra Club filed a complaint in the
United States District Court for the Northern District of California.
Plaintiffs alleged that the Environmental Protection Agency (EPA or the
Agency) failed to perform certain non-discretionary duties in
accordance with the Act. These duties pertain to promulgation of a
Federal Implementation Plan (FIP) for the San Joaquin Valley area of
California to address certain remaining nonattainment plan requirements
for the 1997, 2006, and 2012 PM2.5 national ambient air
quality standards (NAAQS). The proposed consent decree would establish
deadlines for EPA to sign notices of proposed and final actions.
DATES: Written comments on the proposed consent decree must be received
by December 23, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0894, 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: Geoffrey L. Wilcox, Air and Radiation
Law Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-5601; 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-2022-0894) 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
[[Page 71632]]
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
This case pertains to EPA's duty to promulgate a FIP or FIPs to
address certain nonattainment plan requirements for the for the San
Joaquin Valley area of California for the 1997, 2006, and 2012
PM2.5 NAAQS. EPA's duty at issue in this case arises from a
finding of failure to submit that the agency made on December 6, 2018,
and that was effective on January 7, 2019. Since that time, however,
California submitted two State Implementation Plan (SIP) submissions
intended to address the relevant nonattainment plan requirements for
all of these PM2.5 NAAQS simultaneously. Through a series of
rulemakings, EPA has taken action on portions of these SIP submissions
for specific iterations of the PM2.5 NAAQS that have reduced
the original scope of its FIP duty. The proposed consent decree would
establish deadlines for EPA to take actions to address the remaining
portions of its FIP duty.
Specifically, the proposed consent decree would establish deadlines
for EPA to take action pursuant to the CAA to sign a notice or notices
of a proposed and final FIP by no later than July 31, 2023, and
September 30, 2024, respectively, to address the contingency measures
element of the: (1) nonattainment plan for the section 189(d)
requirements for the 1997 annual PM2.5 NAAQS, (2)
nonattainment plan for the Serious area requirements for the 2006 24-
hour PM2.5 NAAQS, and (3) nonattainment plan for Moderate
area requirements for the 2012 PM2.5 annual NAAQS. In
addition, the proposed consent decree would establish a deadline for
EPA to sign a notice or notices of a final FIP by no later than
September 30, 2024, to address all plan elements, except for the
contingency measures element and the baseline emissions inventory
element, for the nonattainment plan for the section 189(d) requirements
for the 1997 annual PM2.5 NAAQS.
The proposed consent decree also provides that if California
submits and EPA fully approves a SIP submission or submissions that
satisfy any of the specific plan requirements above, then EPA's
obligation to promulgate a proposed or final FIP under the consent
decree with respect to the satisfied nonattainment plan element is
automatically terminated, and Plaintiffs' claim as to that plan element
is moot. Also, if EPA issues a clean data determination, i.e., a
determination that the air quality of an area has attained the NAAQS,
for the San Joaquin Valley with respect to 1997 annual PM2.5
NAAQS, the 2006 24-hour PM2.5 NAAQS, or the 2012
PM2.5 annual NAAQS, in accordance with 40 CFR 51.1015, then
EPA's obligation under the consent decree to take the action or actions
required with respect to that NAAQS is automatically terminated.
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-
0894, via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. EPA may publish any comment
received in 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 you submit your comments 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. 2022-25603 Filed 11-22-22; 8:45 am]
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