[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]


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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.

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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]
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