[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60629-60630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16456]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2024-0300; FRL-12115-01-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 State of New York v. Regan, No. 1:23-cv-2767 (D.D.C.). On 
September 21, 2023, Plaintiffs New York, Alaska, Illinois, Maryland, 
Massachusetts, Minnesota, New Jersey, Oregon, Vermont, Washington, and 
the Puget Sound Clean Air Agency (collectively, ``Plaintiffs''), filed 
a complaint in the United States District Court for the District of 
Columbia alleging that EPA failed to perform certain non-discretionary 
duties pursuant to the CAA to, at least every 8 years, review and, if 
appropriate, revise New Source Performance Standards (``NSPS'') or to 
promulgate a determination that such review ``is not appropriate in 
light of readily available information on the efficacy of such 
standard[s]'' for New Residential Wood Heaters (``NSPS subpart AAA'') 
and New Residential Hydronic Heaters and Forced-Air Furnaces (``NSPS 
subpart QQQQ''). The proposed consent decree would establish deadlines 
for the EPA Administrator (``Administrator'') to either sign proposed 
and final rulemakings as to these two NSPS subparts, or sign a final 
determination not to review, in accordance with the Act.

DATES: Written comments on the proposed consent decree must be received 
by August 26, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0300, 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: Laura L. Cottingham, Air and Radiation 
Law Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone: (202) 564-1038; 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-2024-0300) 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 EPA failed to perform 
certain non-discretionary duties in accordance with CAA section 
111(b)(1)(B) to ``at least every 8 years, review and, if appropriate, 
revise'' NSPS subparts AAA and QQQQ, or to promulgate a determination 
that such review ``is not appropriate in light of readily available 
information on the efficacy of such standard[s].''
    Under the terms of the proposed consent decree, the Administrator 
shall review and, if appropriate, revise NSPS subparts AAA and QQQQ, or 
sign a final determination not to review, by the deadlines established 
in the proposed consent decree, in accordance with CAA section 
111(b)(1)(B). Beginning ninety (90) days after entry of the proposed 
Consent Decree, EPA will provide quarterly status updates to Plaintiffs 
regarding the Agency's progress toward meeting the deadlines in the 
proposed consent decree.
    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-
0300, 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.

[[Page 60630]]

    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. 2024-16456 Filed 7-25-24; 8:45 am]
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