68606 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

implementation of the revised 

certification plan as outlined in the 

2023 EPA Plan’s implementation 

section. EPA will implement this 

Federal program to certify applicators of 

RUPs in areas of Indian country where 

no other EPA-approved or EPAimplemented plan applies. This plan 

will not be applicable in areas where a 

Tribe has opted out of the 2023 EPA 

Plan consistent with 40 CFR 

171.307(c)(2). The 2023 EPA Plan, 

which supersedes the 2014 EPA Plan, 

describes the updated process by which 

EPA will implement a program for the 

certification of applicators of RUPs in 

Indian country based upon the 

certification requirements enumerated 

at 40 CFR part 171. The final 2023 EPA 

Plan, in its entirety, is included in the 

docket. 

IV. Summary of the Final 2023 EPA 

Plan 

On March 2, 2020, EPA published a 

Federal Register notice seeking 

comment on proposed revisions to the 

EPA-administered Federal pesticide 

applicator certification plan to certify 

applicators of RUPs in areas of Indian 

country that are not covered by any 

other EPA-approved certification plan 

(Ref. 4). The proposed revisions sought 

to bring the EPA Plan for Indian country 

into compliance with the updated CPA 

regulation at 40 CFR part 171 that was 

amended in 2017 (Ref. 1). Unit VI of the 

2020 notice provides additional 

background and context for the 

development of the revised EPA Plan, 

while Unit VII of that notice provides an 

overview of the proposed changes to the 

EPA Plan. EPA did not receive any 

comments during the comment period 

for the 2020 notice. 

In developing what is now the final 

2023 EPA Plan, EPA also consulted with 

affected Tribes as required under 40 

CFR 171.307(c) and 171.311(d)(1). The 

Tribal consultation period started on 

February 10, 2020, and was scheduled 

to end on May 1, 2020. However, due 

to the impact of the COVID–19 public 

health emergency, EPA extended the 

Tribal consultation period to August 3, 

2020. During the Tribal consultation 

period, EPA consulted with federally 

recognized Tribes on February 26, April 

6, and July 15, 2020, to help ensure the 

proposed revisions to the 2014 EPA 

Plan effectively met their needs and 

those of RUP applicators in Indian 

country. More information about the 

Tribal consultation can be found on the 

Tribal Consultation Opportunities 

Tracking System (Ref. 5). 

EPA has finalized many of its 

proposals as described in the 2020 

notice. However, EPA has revised some 

of its proposals in response to the 

feedback received during the Tribal 

consultation period. In other areas, EPA 

has refined and provided additional 

detail to increase clarity and 

transparency in the plan and the 

process. These revisions include: 

• Clarifying definitions of private and 

commercial applicators; 

• Providing an additional acceptable 

identification specific to Tribes; 

• Adding descriptions of Tribes that 

have their own certification plans under 

40 CFR 171.307(a) or (b); 

• Listing out Federal minimum 

standards for recordkeeping 

requirements for commercial 

applicators, certified applicator 

responsibilities for direct supervision of 

noncertified applicators, and 

noncertified applicator qualifications; 

and 

• Outlining the implementation of the 

revised EPA Plan. 

Due to limitation in the CPA 

regulation, RUPs may not be used 

legally in Indian country unless the 

Tribe has an EPA-approved certification 

plan, the Tribe has entered into an 

agreement with EPA, or EPA has issued 

a Federal certification plan for Indian 

country. The EPA Plan provides that 

third option for Tribes to allow for 

applicator certification within Indian 

country; however, Tribes may also opt 

out of the EPA Plan and RUP use will 

generally be prohibited in their areas of 

Indian country. Tribes may also have 

their own additional Tribal laws and 

codes in addition to the EPA Plan and 

applicators who wish to apply in Indian 

country should contact the relevant 

Tribe to ensure the application is 

compliant with both. 

V. References 

The following is a list of documents 

that are related to the issuance of this 

Notice. For assistance in locating these 

other documents, please see Table 1 in 

Unit I.B. 

1. EPA. Pesticides; Certification of Pesticide 

Applicators; Final Rule. Federal 

Register. 82 FR 952, January 4, 2017 

(FRL–9956–70). 

2. EPA. Pesticides; Certification of Pesticide 

Applicators; Further Extension to 

Expiration Date of Certification Plans; 

Final Rule. Federal Register. 87 FR 

50953, August 19, 2022 (FRL–9134.1– 

04–OCSPP). 

3. EPA. EPA Plan for the Federal Certification 

of Applicators of Restricted Use 

Pesticides within Indian Country. 

September 26, 2023. Docket ID No. EPA– 

HQ–OPP–2022–0509 and Docket ID No. 

EPA–HQ–OPP–2011–0037. 

4. EPA. EPA Plan for the Federal Certification 

of Applicators of Restricted Use 

Pesticides Within Indian Country; 

Proposed Revisions; Notice of 

Availability and Request for Comment. 

Federal Register. 85 FR 12244, March 2, 

2020 (FRL–10005–59). 

5. EPA. Tribal Consultation Opportunities 

Tracking System. Available at https://

tcots.epa.gov/ords/tcotspub/

f?p=106:5::988::RR,2::. Accessed 

September 20, 2023. 

Authority: 7 U.S.C. 136–136y. 

Dated: September 27, 2023. 

Mary Elissa Reaves, 

Director, Pesticide Re-Evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2023–21997 Filed 10–3–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2023–0486; FRL–11436–01– 

OGC] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with the Clean 

Air Act, as amended (CAA or the Act), 

notice is given of a proposed consent 

decree in California Communities 

Against Toxics, et al. v. Regan, No. 

1:22–cv–3005–RC (D.D.C.). On October 

5, 2022, Plaintiffs California 

Communities Against Toxics, Missouri 

Coalition for the Environment 

Foundation, Natural Resources Defense 

Council, and Sierra Club filed a 

complaint in the United States District 

Court for the District of Columbia. On 

December 6, 2022, Plaintiffs filed an 

amended complaint. Plaintiffs alleged 

that the Environmental Protection 

Agency (EPA or the Agency) failed to 

undertake certain non-discretionary 

duties under CAA to ‘‘review, and 

revise as necessary . . . no less often 

than every 8 years’’ the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP) From Secondary 

Lead Smelting because more than 8 

years have passed since EPA completed 

the prior review of the NESHAP From 

Secondary Lead Smelting, (‘‘the 2012 

Rule’’). In March 2012, Plaintiffs 

submitted a petition for reconsideration 

of the 2012 Rule. In December 2012, 

EPA granted Plaintiffs’ request for 

reconsideration of the ‘‘ample margin of 

safety’’ analysis performed for the 2012 

Rule and stated its intention to initiate 

a rulemaking addressing the same. 

Plaintiffs alleged that EPA failed to 

perform its obligations to reconsider the 

2012 Rule and that this failure 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68607 

constitutes ‘‘agency action unreasonable 

delayed’’ under the CAA. The proposed 

consent decree would establish 

deadlines for EPA to sign a notice of 

final rulemaking containing all 

necessary revisions under the CAA and 

a notice of final rulemaking to address 

reconsideration of the ‘‘ample margin of 

safety’’ analysis in the 2012 Rule. 

DATES: Written comments on the 

proposed consent decree must be 

received by November 3, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OGC–2023–0486, 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 (202) 566–2879; email 

address pettit.elizabetha@epa.gov. 

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–2023–0486) 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 sign a 

notice of final rulemaking containing all 

necessary revisions to 40 CFR part 63, 

subpart X, under CAA 112(d)(6), and a 

notice of final rulemaking to address 

reconsideration of the ‘‘ample margin of 

safety’’ analysis in the 2012 Rule under 

CAA 112. First, for the NESHAP From 

Secondary Lead Smelting under 40 CFR 

part 63, subpart X, the proposed consent 

decree would require EPA to sign a 

proposed rule by September 30, 2025, 

and a final rule by September 30, 2026, 

containing all necessary revisions under 

CAA 112(d)(6). Second, in response to 

the reconsideration petition and 

pursuant to CAA 307, the proposed 

consent decree would require EPA to 

sign a proposed rulemaking by 

September 30, 2025, and a final rule by 

September 30, 2026, to address the 

reconsideration of the ‘‘ample margin of 

safety’’ analysis. 

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– 

0486, 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-epadockets. 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. 

[FR Doc. 2023–22081 Filed 10–3–23; 8:45 am] 

BILLING CODE 6560–50–P 


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