[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45416-45417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15083]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0349; FRL-11156-01-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 Sierra Club v. 
U.S. EPA, et al., No. 3:23-cv-00780-TLT. On February 22, 2023, 
Plaintiff Sierra Club filed a complaint in the United States District 
Court for the Northern District of California Oakland Division, 
alleging that the Environmental Protection Agency (EPA or the Agency) 
failed to perform certain non-discretionary duties in accordance with 
the Act to promulgate a Federal implementation plan (FIP) within two 
years of finding that Texas failed to submit a state implementation 
plan (SIP) for the Rusk/Panola 2010 SO2 National Ambient Air 
Quality Standard (SO2 NAAQS) nonattainment area. EPA is 
providing notice of this proposed consent decree, which would resolve 
all claims in the case by establishing a deadline for EPA to take final 
action as specified in the decree.

DATES: Written comments on the proposed consent decree must be received 
by August 16, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0349, 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-2023-0349) 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 13, 2016, the EPA designated portions of Rusk and 
Panola Counties, Texas as a ``nonattainment'' area for the 2010 
SO2 NAAQS (effective January 12, 2017). 81 FR 89870. The CAA 
required the State of Texas to submit a SIP within 18 months of the 
effective date of the designation that would provide pollution 
reductions necessary for the Rusk-Panola nonattainment area to attain 
the SO2 NAAQS. Texas did not submit a SIP by the 18-month 
deadline. On August 10, 2020, the EPA issued a statutorily required 
Finding of Failure to Submit a SIP for the nonattainment area; this 
created a duty for the EPA to promulgate a FIP for the nonattainment 
area unless EPA takes final action approving a corrective SIP from the 
State within two years of the effective date of the Finding of Failure 
to Submit (by September 9, 2022). Texas did not obtain approval of a 
corrective SIP by September 9, 2022.
    On February 22, 2023, Plaintiff Sierra Club filed a complaint in 
the United States District Court for the Northern District of 
California Oakland Division, alleging that the EPA failed to promulgate 
a FIP within two years of finding that Texas failed to submit a SIP for 
the Rusk/Panola 2010 SO2 NAAQS nonattainment area.\1\
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    \1\ On February 28, 2022, the State of Texas submitted a SIP for 
the nonattainment area; this SIP is currently being reviewed by the 
EPA.
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    The proposed consent decree would establish a deadline of December 
13, 2024 for EPA to take final action promulgating a FIP for the 
nonattainment area unless the EPA approves a corrective SIP for the 
area satisfying the requirements of CAA section 172(c), 42 U.S.C. 
7502(c), before that deadline.
    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

[[Page 45417]]

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-
0349, 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. 2023-15083 Filed 7-14-23; 8:45 am]
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