[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Pages 34853-34855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11493]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0284; FRL-10996-01-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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[[Page 34854]]
SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the
Act), the Environmental Protection Agency (EPA or the Agency) is
providing notice of a proposed consent decree in California Communities
Against Toxics, et al. v. Regan, No. 1:22-cv-03724 (D.D.C.). On
December 14, 2022, Plaintiffs California Communities Against Toxics,
Clean Power Lake County, Rio Grande International Study Center, Sierra
Club, and Union of Concerned Scientists filed a complaint in the United
States District Court for the District of Columbia alleging that EPA
has failed to perform its nondiscretionary duty to ``review, and revise
as necessary'' the National Emission Standards for Hazardous Air
Pollutants: Ethylene oxide Emissions Standards for Sterilization
Facilities, at least every 8 years. The proposed consent decree would
establish a deadline for EPA to sign a final rule for this action.
DATES: Written comments on the proposed consent decree must be received
by June 30, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0284, 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: Amy Huang Branning, Air and Radiation
Law Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-1744; 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-2023-0284) 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 December 14, 2022, Plaintiffs California Communities Against
Toxics, Clean Power Lake County, Rio Grande International Study Center,
Sierra Club, and Union of Concerned Scientists (collectively
``Plaintiffs'') filed a complaint in the United States District Court
for the District of Columbia alleging that EPA has failed to perform
its nondiscretionary duty under CAA section 112(d)(6) to ``review, and
revise as necessary'' the National Emission Standards for Hazardous Air
Pollutants (``NESHAP''): Ethylene oxide Emissions Standards for
Sterilization Facilities, 40 CFR part 60, subpart O (``Sterilization
Facilities NESHAP''), at least every 8 years. EPA promulgated the
Sterilization Facilities NESHAP in 1994. 59 FR 62585 (December 6,
1994). In 2006, EPA conducted a risk assessment of this source category
pursuant to CAA section 112(f)(2) and a technology review of its NESHAP
pursuant to section 112(d)(6), neither of which resulted in revisions
to the Sterilization Facilities NESHAP. 71 FR 17712 (April 7, 2006).
EPA has not completed a section 112(d)(6) review of this NESHAP since
then. EPA recently published a proposed rule that includes revisions to
the Sterilization Facilities NESHAP pursuant to CAA section 112(d)(6)
of the Act. 88 FR 22790 (April 13, 2023). The proposed consent decree,
if finalized, would require that EPA sign a final rule on its review
and ``necessary revisions'' of the Sterilization Facility NESHAP
pursuant to section 112(d)(6) by March 1, 2024.
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-2023-
0284, 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
[[Page 34855]]
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. 2023-11493 Filed 5-30-23; 8:45 am]
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