[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68606-68607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22081]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0486; FRL-11436-01-OGC]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the 
Act), notice is given of a proposed consent decree in California 
Communities Against Toxics, et al. v. Regan, No. 1:22-cv-3005-RC 
(D.D.C.). On October 5, 2022, Plaintiffs California Communities Against 
Toxics, Missouri Coalition for the Environment Foundation, Natural 
Resources Defense Council, and Sierra Club filed a complaint in the 
United States District Court for the District of Columbia. On December 
6, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that 
the Environmental Protection Agency (EPA or the Agency) failed to 
undertake certain non-discretionary duties under CAA to ``review, and 
revise as necessary . . . no less often than every 8 years'' the 
National Emission Standards for Hazardous Air Pollutants (NESHAP) From 
Secondary Lead Smelting because more than 8 years have passed since EPA 
completed the prior review of the NESHAP From Secondary Lead Smelting, 
(``the 2012 Rule''). In March 2012, Plaintiffs submitted a petition for 
reconsideration of the 2012 Rule. In December 2012, EPA granted 
Plaintiffs' request for reconsideration of the ``ample margin of 
safety'' analysis performed for the 2012 Rule and stated its intention 
to initiate a rulemaking addressing the same. Plaintiffs alleged that 
EPA failed to perform its obligations to reconsider the 2012 Rule and 
that this failure

[[Page 68607]]

constitutes ``agency action unreasonable delayed'' under the CAA. The 
proposed consent decree would establish deadlines for EPA to sign a 
notice of final rulemaking containing all necessary revisions under the 
CAA and a notice of final rulemaking to address reconsideration of the 
``ample margin of safety'' analysis in the 2012 Rule.

DATES: Written comments on the proposed consent decree must be received 
by November 3, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0486, 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: 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-2023-0486) 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 
sign a notice of final rulemaking containing all necessary revisions to 
40 CFR part 63, subpart X, under CAA 112(d)(6), and a notice of final 
rulemaking to address reconsideration of the ``ample margin of safety'' 
analysis in the 2012 Rule under CAA 112. First, for the NESHAP From 
Secondary Lead Smelting under 40 CFR part 63, subpart X, the proposed 
consent decree would require EPA to sign a proposed rule by September 
30, 2025, and a final rule by September 30, 2026, containing all 
necessary revisions under CAA 112(d)(6). Second, in response to the 
reconsideration petition and pursuant to CAA 307, the proposed consent 
decree would require EPA to sign a proposed rulemaking by September 30, 
2025, and a final rule by September 30, 2026, to address the 
reconsideration of the ``ample margin of safety'' analysis.
    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-
0486, 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. 2023-22081 Filed 10-3-23; 8:45 am]
BILLING CODE 6560-50-P