[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Notices]
[Pages 23998-24000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07256]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2024-0166; FRL-11871-01-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''), the Environmental Protection Agency (``EPA'' or ``the 
Agency'') is providing notice of a proposed consent decree in Sierra 
Club v. Michael S. Regan, No. 1:23-cv-00424-RCL (D.D.C.). On February 
15, 2023, Plaintiff Sierra Club filed a complaint in the United States 
District Court for the District of Columbia alleging that EPA's failure 
to issue final Federal plans implementing emissions guidelines for 
commercial and industrial solid waste incinerators (``CISWI''), and 
other solid waste incinerators (``OSWI'') in states

[[Page 23999]]

which had not submitted approvable state plans constituted agency 
action unreasonably delayed.

DATES: Written comments on the proposed consent decree must be received 
by May 6, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0166, 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: Grace Weatherall, Air and Radiation 
Law Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone: (202) 564-1067; 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-2024-0166) 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 District of Columbia alleging that the EPA's failure to issue 
final Federal plans implementing emissions guidelines for CISWI and 
OSWI facilities in states which had not submitted approvable state 
plans constituted ``agency action unreasonably delayed'' within the 
meaning of section 304(a)(2) of the Clean Air Act, 42 U.S.C. 7604(a).
    EPA promulgated revised CISWI emission guidelines for existing 
facilities at 40 CFR subpart DDDD in 2011 and further revised them in 
February 2013, June 2016, and April 2019. EPA proposed a Federal plan 
for existing CISWI facilities in 2017, and to date, EPA has not 
promulgated a final Federal plan implementing CISWI standards under 42 
U.S.C. 7429(b)(3).
    EPA promulgated emission guidelines for existing OSWI facilities in 
December 2005 at 40 CFR subpart FFFF. To date, EPA has not finalized a 
Federal plan implementing standards for existing OSWI facilities under 
42 U.S.C. 7429(b)(3).
    Under the terms of the consent decree, with respect to the CISWI 
emission guidelines at 40 CFR subpart DDDD, no later than September 16, 
2024, the appropriate EPA official would be required to sign a final 
rule establishing a Federal plan under 42 U.S.C. 7429(b)(3) for 
existing CISWI facilities located in any state which has not submitted 
an approvable state plan.
    Under the terms of the consent decree, with respect to the OSWI 
emission guidelines at 40 CFR subpart FFFF, (1) no later than June 30, 
2026, the appropriate EPA official would be required to sign a proposed 
rulemaking proposing a Federal plan under 42 U.S.C. 7429(b)(3) for 
existing OSWI facilities located in any state which has not submitted 
an approvable state plan; and (2) no later than June 30, 2027, the 
appropriate EPA official would be required to sign a final rule 
establishing a Federal plan under 42 U.S.C. 7429(b)(3) for existing 
OSWI facilities located in any state which has not submitted an 
approvable state plan.
    In accordance with section 113(g) of the CAA, 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-
0166, 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 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

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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. 2024-07256 Filed 4-4-24; 8:45 am]
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