[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3920-3921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01113]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2024-0015; FRL-11665-01-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 section 113(g) of 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 Center for Community Action and Environmental Justice v.
United States Environmental Protection Agency, No. 4:23-cv-03571-YGR
(N.D. Cal.). On July 19, 2023 and August 29, 2023, Plaintiff Center for
Community Action and Environmental Justice and Plaintiffs East Yard
Communities for Environmental Justice, People's Collective for
Environmental Justice, Sierra Club, and Communities for a Better
Environment (collectively, ``Plaintiffs''), respectively, filed a
complaint in the United States District Court for the Northern District
of California alleging that EPA failed to perform its non-discretionary
duty to take final action to approve or disapprove, or conditionally
approve, in whole or in part, the California state implementation plan
(SIP) submittal entitled South Coast Air Quality Management District
Rule 2305, Warehouse Indirect Source Rule--Warehouse Actions and
Investments to Reduce Emissions Program (SCAQMD Rule 2305), submitted
to EPA by the California Air Resources Board on or about August 13,
2021. The two cases are now consolidated. The proposed consent decree
would establish a deadline for the EPA Administrator
(``Administrator'') to sign a notice of final rulemaking for this
action.
DATES: Written comments on the proposed consent decree must be received
by February 21, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0015, 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: Yasm[iacute]n P[eacute]rez Ortiz, Air
and Radiation Law Office, Office of General Counsel, U.S. Environmental
Protection Agency; telephone: (202) 564-1077; 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-2024-0015) 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
Plaintiffs filed a complaint in the United States District Court
for the Northern District of California alleging that EPA failed to
perform its nondiscretionary duty under CAA section 110(k)(2) to
approve, disapprove, or conditionally approve, in whole or in part
SCAQMD Rule 2305, within 12 months of a determination of completeness
by EPA or a submittal being deemed complete by operation of law. On
February 13, 2022, the SCAQMD Rule 2305 submittal was deemed complete
by operation of law and EPA had a mandatory duty to take final action
on the SIP submittal by February 13, 2023.
Under the terms of the proposed consent decree, no later than July
17, 2024, the Administrator would be required to sign a notice of final
rulemaking to approve, disapprove, conditionally approve, or approve in
part and disapprove in part, the SIP submittal from California entitled
South Coast Air Quality Management District Rule 2305, Warehouse
Indirect Source Rule--Warehouse Actions and Investments to Reduce
Emissions Program. For a period of thirty (30) days following the date
of publication of this notice, 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-2024-
0015, via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. The 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
[[Page 3921]]
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. The 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. 2024-01113 Filed 1-19-24; 8:45 am]
BILLING CODE 6560-50-P