Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72477 

comments, see the ‘‘Additional 

Information About Commenting on the 

Proposed Consent Decree’’ heading 

under the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: Alec 

Mullee, Water Law Office, Office of 

General Counsel, U.S. Environmental 

Protection Agency; telephone: (202) 

564–9616; email address: mullee.alec@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

On September 27, 2023, Plaintiffs 

filed a complaint in Federal district 

court asserting that the Arizona 

Department of Environmental Quality 

(ADEQ) constructively submitted to 

EPA no TMDLs for copper and lead 

impairments in Queen Creek. Plaintiffs 

allege that for this reason EPA has a 

mandatory duty under the CWA to 

approve or disapprove the constructive 

submission and, upon disapproval, 

establish these TMDLs. Plaintiffs further 

allege that EPA has failed to meet this 

duty. Following submission of a Notice 

of Intent to Sue containing these 

assertions on August 9, 2022, the parties 

initiated settlement discussions, which 

produced the proposed consent decree. 

Under the consent decree, EPA would 

be obligated to establish copper and 

lead TMDLs for Queen Creek by July 31, 

2028, unless ADEQ first establishes and 

submits them to EPA by January 31, 

2027. If ADEQ submits the TMDLs to 

EPA, the proposed consent decree 

provides that Plaintiffs would not object 

to EPA taking up to an additional 60 

days beyond the 30-day statutory 

deadline to act on the submittal. If EPA 

disapproves the TMDLs submitted by 

ADEQ, Plaintiffs would not object to 

EPA taking up to 12 additional months 

beyond the 30-day statutory deadline to 

establish replacement TMDLs. 

For a period of thirty (30) days 

following the date of publication of this 

notice, EPA will accept written 

comments relating to the proposed 

consent decree from persons who are 

not parties to the litigation. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments received 

disclose facts or considerations that 

indicate that such consent is 

inappropriate, improper, inadequate, or 

inconsistent with the requirements of 

the CWA. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How can I get a copy of the proposed 

consent decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2023–0510) 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.’’ 

B. How and to whom do I submit 

comments? 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OGC–2023– 

0510 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. 

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 does not plan to 

consider these late comments. 

Steven M. Neugeboren, 

Associate General Counsel. 

[FR Doc. 2023–23239 Filed 10–19–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–11454–01–OMS] 

Good Neighbor Environmental Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meeting. 

SUMMARY: Under the Federal Advisory 

Committee Act, the Environmental 

Protection Agency (EPA) gives notice of 

a public meeting of the Good Neighbor 

Environmental Board (GNEB). The 

purpose of this meeting is for the board 

to discuss and approve the final 

integrated draft of its 20th 

comprehensive report on water and 

wastewater infrastructure issues and 


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72478 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 

challenges along the U.S.-Mexico border 

region. 

DATES: November 6, 2023, from 1 p.m.– 

5 p.m. (EDT). A copy of the agenda will 

be posted at www.epa.gov/faca/gneb. 

The meeting will be held virtually 

and in-person at the U.S. Environmental 

Protection Agency (EPA) headquarters 

located at 1200 Pennsylvania Avenue 

NW, Washington, DC 20460. The 

meeting is open to the public with 

limited access available on a first-come, 

first-served basis. Members of the public 

wishing to participate should contact 

Eugene Green at green.eugene@epa.gov 

by October 30th. 

Requests to make oral comments or 

submit written public comments to the 

board, should also be directed to Eugene 

Green at least five business days prior 

to the meeting. Requests for accessibility 

and/or accommodations for individuals 

with disabilities should be directed to 

Eugene Green at the phone number or 

email address listed below. To ensure 

adequate time for processing, please 

make requests for accommodations at 

least 10 days prior to the meeting. 

FOR FURTHER INFORMATION CONTACT: 

Regarding the GNEB meeting, please 

contact Eugene Green at (202) 564–2432 

or via email at green.eugene@epa.gov. 

SUPPLEMENTARY INFORMATION: The GNEB 

is an independent federal advisory 

committee chartered under the Federal 

Advisory Committee Act, Public Law 

92–463. Its mission is to advise the 

President and Congress of the United 

States on good neighbor practices along 

the U.S. border with Mexico. Its 

recommendations are focused on 

environmental infrastructure needs 

within the U.S. states contiguous to 

Mexico. 

Eugene Green, 

Program Analyst. 

[FR Doc. 2023–23125 Filed 10–19–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2023–0511; FRL–11460–01– 

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 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 

California Communities Against Toxics 

v. Regan, No. 1:22–cv–1457 (D.D.C.). On 

May 24, 2022, California Communities 

Against Toxics, Clean Air Council, 

Clean Power Lake County, Delaware 

Concerned Residents for Environmental 

Justice, Greater-Birmingham Alliance to 

Stop Pollution, Kentucky Resources 

Council, New Castle Prevention 

Coalition, United Congregations of 

Metro-East, and Sierra Club 

(collectively, ‘‘Plaintiffs’’) filed a 

complaint in the United States District 

Court for the District of Columbia 

alleging that EPA failed to perform its 

non-discretionary duty to ‘‘review, and 

revise as necessary’’ the National 

Emission Standards for Hazardous Air 

Pollutants (‘‘NESHAP’’) for Chemical 

Manufacturing Area Sources (‘‘CMAS’’), 

at least every 8 years. The proposed 

consent decree would establish 

deadlines for the EPA Administrator 

(‘‘Administrator’’) to sign a notice of 

proposed rulemaking and a final rule for 

this action. 

DATES: Written comments on the 

proposed consent decree must be 

received by November 20, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OGC–2023–0511, 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: 

Stacey Simone Garfinkle, Air and 

Radiation Law Office, Office of General 

Counsel, U.S. Environmental Protection 

Agency; telephone: (202) 564–3103; 

email address: garfinkle.stacey@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–2023–0511) 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 

On May 24, 2022, Plaintiffs filed a 

complaint in the United States District 

Court for the District of Columbia 

alleging that EPA failed to perform its 

nondiscretionary duty under CAA 

section 112(d)(6) to ‘‘review, and revise 

as necessary’’ the CMAS NESHAP, 40 

CFR part 63, subpart VVVVVV, at least 

every 8 years. EPA promulgated the 

CMAS NESHAP in 2009 (75 FR 77760, 

December 14, 2010) and most recently 

revised the standards in 2012 (77 FR 

75740, December 21, 2012). The 

proposed consent decree, if finalized, 

would resolve Plaintiffs’ complaint and 

would require that EPA review, and 

revise as necessary, the CMAS NESHAP, 

pursuant to CAA section 112(d)(6), by a 

date certain. Specifically, under the 

terms of the proposed consent decree, 

the Administrator would be required to 

sign a notice of proposed rulemaking for 

the CMAS source category by November 

13, 2024, and a final rule by September 

17, 2025. 

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. 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–2020– 


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