[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 24000]]
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]
BILLING CODE 6560-50-P