[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Notices]
[Pages 87368-87369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25483]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2024-0490; FRL-12343-01-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 Biological Diversity and Sierra Club v. Regan, No. 4:24-cv-01900-
HSG (N.D. Cal.). On May 11, 2024, Plaintiffs Center for Biological
Diversity and Sierra Club (collectively Plaintiffs) filed an amended
complaint in the United States District Court for the Northern District
of California. Plaintiffs alleged that EPA failed to perform certain
non-discretionary duties in accordance with the Act: to determine that
certain nonattainment areas under the 2010 primary National Ambient Air
Quality Standards (NAAQS) for sulfur dioxide (SO2) had
failed to submit required state implementation plans (SIPs); to
promulgate federal implementation plans (FIPs) for certain
SO2 nonattainment areas; and to determine whether certain
nonattainment areas had timely attained the NAAQS. The proposed consent
decree would establish deadlines for EPA to take actions.
DATES: Written comments on the proposed consent decree must be received
by December 2, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0490, 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-2024-0490 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 certain non-discretionary duties in accordance with the Clean
Air Act under sections 110 and 179 to (i) determine that certain
nonattainment areas under the 2010 primary SO2 NAAQS had
failed to submit required SIPs; (ii) promulgate
[[Page 87369]]
FIPs for certain SO2 nonattainment areas; and (iii)
determine whether certain nonattainment areas had timely attained the
NAAQS. Subsequently, EPA issued a notice determining that the areas
alleged to have failed to submit SIPs in fact had so failed, thus
mooting Plaintiffs' claim on those grounds.
The EPA solicits public comments on a proposed consent decree that
would establish deadlines for EPA to take proposed and final actions
pursuant to CAA sections 110(c) and 179(c) related to the 2010 primary
SO2 NAAQS. The consent decree would require that EPA no
later than December 19, 2024, sign a final notice (or notices)
determining under CAA section 179(c) whether the Anne-Arundel/Baltimore
County, MD; Alton Township, IL; St. Clair, MI; Freestone-Anderson, TX;
Rusk-Panola. TX; Titus, TX; Evangeline Parish, LA; and Piti-Cabras,
Guam, nonattainment areas timely attained the 2010 primary
SO2 NAAQS; and by August 29, 2025, sign a final notice under
CAA section 179(c) determining whether the Huntington, IN nonattainment
area timely attained the NAAQS and sign a final notice promulgating a
FIP for that area under the NAAQS. The consent decree would also
require that EPA no later than September 30, 2025, sign a proposed
notice (or notices) to promulgate FIPs under the NAAQS for the Piti-
Cabras, Guam and Evangeline Parish, LA nonattainment areas and by March
31, 2026, sign a final notice (or notices) promulgating FIPs under the
NAAQS for the Piti-Cabras, Guam and Evangeline Parish, LA nonattainment
areas; and by August 28, 2026, sign a final notice promulgating a FIP
under the NAAQS for the Hayden, AZ nonattainment area. In addition, the
consent decree would require that EPA no later than January 14, 2027,
sign a proposed notice (or notices) to promulgate FIPs under the NAAQS
for the Guayama-Salinas and San Juan, Puerto Rico nonattainment areas
and by June 1, 2027, sign a final notice (or notices) promulgating FIPs
under the NAAQS for the Guayama-Salinas and San Juan, Puerto Rico
nonattainment areas; and by November 1, 2027, sign a final notice (or
notices) determining whether the Guayama-Salinas and San Juan, Puerto
Rico nonattainment areas timely attained the NAAQS.
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-
0490, 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 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. 2024-25483 Filed 10-31-24; 8:45 am]
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