[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73413-73414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20386]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2024-0394; FRL-12196-01-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 Louisiana Environmental Action Network, et al. v. Regan, No. 
1:23-cv-2714-DLF (D.D.C). On December 7, 2023, Plaintiffs Louisiana 
Environmental Action Network, People Concerned About Chemical Safety, 
and Sierra Club (collectively Plaintiffs) filed an amended complaint in 
the United States District Court for the District of Columbia. 
Plaintiffs alleged that: EPA failed to perform certain non-
discretionary duties in accordance with the Act to ``review, and revise 
as necessary'' the National Emission Standards for Hazardous Air 
Pollutants (``NESHAP'') for the Polyether Polyols Production source 
category, at least every eight years; and EPA's failure to timely issue 
a new final rule or other final action on the 2014 petition for 
reconsideration (the Reconsideration Petition) submitted by Louisiana 
Environmental Action Network and Sierra Club for the NESHAP as 
promulgated in 2014. The proposed consent decree would establish 
deadlines for EPA to take actions.

DATES: Written comments on the proposed consent decree must be received 
by October 10, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0394, 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: Michael Thrift, Air and Radiation Law 
Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone: (202) 564-8852; 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-2024-0394) 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 (i) that EPA failed to perform 
certain non-discretionary duties in accordance with the Clean Air Act 
under section 112(d)(6) to the NESHAP for the Polyether Polyols 
Production source category, 40 CFR part 63, subpart PPP, at least every 
eight years; and (ii) that EPA's failure to issue a new final rule or 
other final action on the 2014 petition for reconsideration (the 
Reconsideration Petition) submitted by Louisiana Environmental Action 
Network and Sierra Club for the NESHAP as promulgated in 2014, 79 FR 
17340 (March 27, 2014), constitutes ``agency action unreasonably 
delayed'' under Clean Air Act section 304(a).
    The EPA solicits public comments on a proposed consent decree that 
would establish deadlines for EPA to take proposed and final actions 
pursuant to Clean Air Act (CAA or Act) section 112(d)(6). Specifically, 
the consent decree would require by December 10, 2024, that EPA sign a 
final rule taking action on reconsideration of the affirmative defense 
provisions related to the 2014 national emission standards for 
hazardous air pollutants (NESHAP) for the Polyether Polyols Production 
source category, 40 CFR part 63, subpart PPP. In addition, the consent 
decree would require by December 10, 2024, that EPA sign a notice of 
proposed rulemaking on its review of the NESHAP for the Polyether 
Polyols Production source category, 40 CFR part 63, subpart PPP, 
including all ``necessary'' revisions (taking into account developments 
in practices, processes, and control technologies) to subpart PPP and 
to reconsider other aspects of the 2014 NESHAP subpart PPP. Finally, 
the consent decree would require by December 10, 2025, that EPA sign a 
final rule for these proposed actions. 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. The 
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-
0394, 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

[[Page 73414]]

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.'' The EPA is not required to consider these late 
comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2024-20386 Filed 9-9-24; 8:45 am]
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