2023-07061. 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), notice is given of a proposed consent decree in Center for Biological Diversity et al., v. Regan, No. 3:22–cv–03309–RS (N.D. Cal.). On June 7, 2022, Plaintiffs Center for Biological Diversity and Center for Environmental Health filed a complaint in the United States District Court for the Northern District of California. On September 12, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions from the State of North Dakota, the State of California, the State of Colorado, and the State of Pennsylvania. Plaintiffs also alleged that EPA failed to promulgate a federal implementation plan (FIP) for the State of California and the State of New Hampshire. Certain claims included in the Amended Complaint have since been rendered moot, and the proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking on the remaining claims.

DATES:

Written comments on the proposed consent decree must be received by May 5, 2023.

ADDRESSES:

Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2023–0198, 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:

Elizabeth Pettit, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone [phone]; email address [e-mail].

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–2023–0198) 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

The proposed consent decree would establish deadlines for EPA to take action pursuant to CAA section 110(k) on certain SIP submissions by the State of Colorado, the State of California, and the State of New Hampshire. First, on March 22, 2021, the State of Colorado made a SIP submission addressing CAA section 182(c) requirements for the Denver Metro/North Front Range Serious nonattainment area under the 2008 ozone national ambient air quality standards (NAAQS). The proposed consent decree would require EPA to sign a notice of final rulemaking by September 29, 2023.

Second, on February 3, 2017, EPA published a final rule that found that various nonattainment areas in the State of California and the State of New Hampshire failed to submit SIP revisions for various nonattainment SIP elements. The proposed consent decree would require EPA to sign a notice of final rulemaking for the nonattainment new source review (NSR) SIP element for the Los Angeles—San Bernardino Counties (West Mojave Desert), California nonattainment area by November 29, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or control techniques guidelines (CTG) for the Sacramento Metro, California nonattainment area (Sacramento Metropolitan Air Quality Management District) by March 31, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for the reasonably available control technology (RACT) nitrogen oxides (NOx) for Major Sources SIP element for the Sacramento Metro, California nonattainment area (Sacramento Metropolitan Air Quality Management District) by September 30, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or CTG for the Sacramento Metro, California nonattainment area (Yolo-Solano Air Quality Management District) by March 31, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or CTG for the New Hampshire portion of the ozone transport region by September 30, 2023. The proposed consent decree would require EPA to sign a notice of final rulemaking for the portion of the revision to the Placer County Air Pollution Control District portion of the California SIP concerning the minor source NSR by September 30, 2023.

Third, on December 29, 2020, the State of California made a SIP submission addressing the 2020 RACT demonstration for the 2008 ozone NAAQS for San Diego County. The proposed consent decree would require EPA to sign a notice of final rulemaking for the demonstration, except for four declarations, by October 31, 2024.

In accordance with section 113(g) of the CAA, for a period of thirty (30) days following the date of publication of this document, 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–2023–0198, via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. 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. 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.” EPA is not required to consider these late comments.

Gautam Srinivasan,

Associate General Counsel.