2015-19349. 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 section 113(g) of the Clean Air Act, as amended, (“CAA” or the “Act”), notice is hereby given of a proposed consent decree to address a lawsuit filed by Center for Biological Diversity and Center for Environmental Health (collectively “Plaintiffs”): Center for Biological Diversity, et al. v. EPA, No. 3:14-cv-05138-WHO (N.D. CA). In this lawsuit, Plaintiffs allege that EPA has failed to find that Iowa and Puerto Rico failed to submit nonattainment state implementation plans (“SIPs”) for the Pottawattamie and Arecibo areas designated nonattainment for the 2008 lead National Ambient Air Quality Standard (“NAAQS”). They also allege that EPA has failed to take final action to approve or disapprove, in whole or in part, certain 2008 lead NAAQS nonattainment SIP submissions from Florida (Tampa/Hillsborough area), Minnesota (Eagan area), Texas (Frisco area), Indiana (Muncie area), and Ohio (Cleveland and Delta areas). In addition, Plaintiffs allege that EPA has failed to take final action to approve or disapprove, in whole or in part, North Carolina's infrastructure SIP submission addressing the requirements for the 2008 lead NAAQS. The proposed consent decree would establish deadlines for EPA to take final actions for meeting these obligations.

DATES:

Written comments on the proposed consent decree must be received by September 8, 2015.

ADDRESSES:

Submit your comments, identified by Docket ID number EPA-HQ-OGC-2015-0536, online at www.regulations.gov (EPA's preferred method); by email to [e-mail]; by mail to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT:

Jonathan Skinner-Thompson, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: [phone]; email address: [e-mail].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

The proposed consent decree would resolve a lawsuit filed by the Plaintiffs seeking to compel the Administrator to take actions under CAA section 110(k) regarding several SIP submissions for the 2008 lead NAAQS.

The proposed consent decree addresses the Plaintiffs' allegation that EPA has failed to perform a duty mandated by CAA section 110(k)(1)(B), 42 U.S.C. 7410(k)(1)(B), to find that Iowa and Puerto Rico failed to submit nonattainment SIPs for the Pottawattamie and Arecibo areas designated nonattainment for the 2008 lead NAAQS. After the complaint was filed, EPA received nonattainment SIP submissions from Iowa and Puerto Rico addressing the requirements of CAA section 110(a)(2)(I) for the designated areas and EPA determined that the submissions were administratively complete. Accordingly, Plaintiffs would agree that this allegation is now moot.

The proposed consent decree also addresses the allegation that EPA failed to perform a duty mandated by CAA section 110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final action to approve or disapprove, in whole or in part, certain 2008 lead NAAQS nonattainment SIP submissions from Florida (Tampa/Hillsborough area), Minnesota (Eagan area), Texas (Frisco area), Indiana (Muncie area), and Ohio (Cleveland and Delta areas) addressing the requirements of 42 U.S.C. 7410(a)(2)(I). Based on several factors, Plaintiffs would agree to withdraw their claim with respect to the Frisco area and would agree that the allegation with respect to the Tampa/Hillsborough area is now moot. Additionally, the proposed consent decree addresses Plaintiffs' allegation that EPA failed to perform a duty mandated by CAA section 110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final action to approve or disapprove, in whole or in part, North Carolina's infrastructure SIP submission addressing the requirements of 42 U.S.C. 7410(a)(2) for the 2008 lead NAAQS. The proposed consent decree establishes deadlines for EPA final actions to meet these obligations. See the proposed consent decree for further details.

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 from persons who were not named as parties or interveners to the litigation in question. 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. Unless EPA or the Department of Justice determines that consent to this consent decree should be withdrawn, the terms of the decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent Decree

A. How can I get a copy of the consent decree?

The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2015-0536) 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 [phone], and the telephone number for the OEI Docket is [phone].

An electronic version of the public docket is available through www.regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and to 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”.

It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, information that is claimed as confidential business information (CBI), or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center.

B. How and to whom do I submit comments?

You may submit comments as provided in the ADDRESSES section. 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.

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 and with any disk or CD ROM you submit. 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 www.regulations.gov Web site 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. In contrast to EPA's electronic public docket, EPA's electronic mail (email) system is not an “anonymous access” system. If you send an email comment directly to the Docket without going through www.regulations.gov,, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.

Dated: July 29, 2015.

Lorie J. Schmidt,

Associate General Counsel.