[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78958-78959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27940]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2022-0969; FRL-10517-01-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. 3:22-cv-00052-WHO (N.D. 
Cal.). On January 5, 2022, Plaintiffs Center for Biological Diversity 
and Center for Environmental Health filed a complaint in the United 
States District Court for the Northern District of California. On April 
22, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged 
that the Environmental Protection Agency (EPA or the Agency) failed to 
perform certain non-discretionary duties in accordance with the Act to 
timely determine the attainment status of certain areas with respect to 
the 2008 ozone National Ambient Air Quality Standards (NAAQS). The 
proposed consent decree would establish deadlines for EPA to sign 
notices of final rulemaking.

DATES: Written comments on the proposed consent decree must be received 
by January 23, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0969, 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

[[Page 78959]]

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: Elizabeth Pettit, Air and Radiation 
Law Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone (202) 566-2879; 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-2022-0969) 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 establish deadlines for EPA to 
take action pursuant to CAA section 110(k) on certain state 
implementation plan (SIP) submissions by the State of California and 
the State of Texas. First, on September 23, 2021, the State of 
California failed to make a SIP submission for the San Diego County 
area for Reasonably Available Control Technology (RACT) measures not 
tied to attainment for the 2008 ozone NAAQS. The proposed consent 
decree would require EPA to sign a notice issuing a finding of failure 
to submit for this SIP submission no later than April 30, 2023.
    Second, on November 13, 2020, EPA determined that submittals for 
the Dallas-Fort Worth area containing the SIP elements required for the 
``Serious'' nonattainment classification with respect to the 2008 ozone 
NAAQS were administratively complete. Thus, EPA had a duty to take 
final action to approve, disapprove, or conditionally approve or 
disapprove, in whole or in part, the SIP submittals by November 13, 
2021. On September 16, 2022, and October 3, 2022, EPA approved Texas' 
SIP revisions for the emissions inventory and nonattainment new source 
review elements. (87 FR 56891; 87 FR 59697). The proposed consent 
decree would require EPA to sign a notice of final rulemaking on the 
remaining SIP elements by September 30, 2023.
    Third, on February 22, 2019, EPA determined that submittal for the 
Eastern Kern area containing the SIP element, Rule 425.3, Portland 
cement kilns, was administratively complete. Thus, EPA had a duty to 
take final action to approve, disapprove, or conditionally approve or 
disapprove, in whole or in part, the SIP submittal by February 22, 
2020. The proposed consent decree would require EPA to sign a notice of 
final rulemaking on the remaining SIP element by June 30, 2023.
    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-
0969, 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. 2022-27940 Filed 12-22-22; 8:45 am]
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