Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 72067 

allocation of allowances in accordance 

with EPA’s national regulations in 40 

CFR part 84. The final action treats all 

affected entities consistently in how the 

40 CFR part 84 regulations are applied. 

The allowance allocation is the division 

and assignment of a single, nationwide 

pool of HFC allowances to entities 

across the country according to the 

uniform, national methodology 

established in EPA’s regulations, and 

each entity’s allowance allocation is a 

relative share of that pool; thus, any 

additional allowances awarded to one 

entity directly affect the allocations to 

others. The Administrator finds that this 

is a matter on which national uniformity 

is desirable to take advantage of the D.C. 

Circuit’s administrative law expertise 

and facilitate the orderly development 

of the basic law under the AIM Act and 

EPA’s implementing regulations. The 

Administrator also finds that 

consolidated review of the action in the 

D.C. Circuit will avoid piecemeal 

litigation in the regional circuits, further 

judicial economy, and eliminate the risk 

of inconsistent results for different 

regulated entities. The Administrator 

also finds that a nationally consistent 

approach to the allocation of allowances 

constitutes the best use of agency 

resources. The Administrator is 

publishing his finding that the 

allocation action is based on a 

determination of nationwide scope or 

effect in the Federal Register as part of 

this notice in addition to inclusion on 

the website announcing allocations. 

For these reasons, the final action of 

the Agency allocating 

hydrofluorocarbon allowances to 

entities located throughout the country 

is nationally applicable or, alternatively, 

the Administrator is exercising the 

complete discretion afforded to him by 

the CAA and finds that the final action 

is based on a determination of 

nationwide scope or effect for purposes 

of CAA section 307(b)(1) and is hereby 

publishing that finding in the Federal 

Register. 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

allocation action must be filed in the 

United States Court of Appeals for the 

District of Columbia Circuit by 

December 18, 2023. Under section 

307(b)(1) of the CAA, petitions for 

judicial review of the administrative 

consequence actions noticed herein 

must be filed in the United States Court 

of Appeals for the appropriate circuit by 

December 18, 2023. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. See CAA 

section 307(b)(2). 

Paul Gunning, 

Director, Office of Atmospheric Protection. 

[FR Doc. 2023–22163 Filed 10–18–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2023–0500; FRL–11447–01– 

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 Center for Biological Diversity 

v. United States Environmental 

Protection Agency, et al., No. 2:23–cv– 

01843 (E.D. Pa.). On May 16, 2023, 

Plaintiff Center for Biological Diversity 

filed a complaint in the Unites States 

District Court for the Eastern District of 

Pennsylvania. Plaintiff alleged that the 

Environmental Protection Agency (EPA 

or the Agency) has unreasonably 

delayed taking action following the 

United States Court of Appeals for the 

Third Circuit’s September 3, 2021, order 

in Case No. 21–1279. That order granted 

EPA’s request to remand to EPA for 

reconsideration a final rule titled ‘‘Air 

Plan Approval; Pennsylvania; 

Reasonably Available Control 

Technology (RACT) for Volatile Organic 

Compounds (VOC) Under the 2008 

Ozone National Ambient Air Quality 

Standards (NAAQS),’’ published in the 

Federal Register on December 14, 2020). 

The proposed consent decree would 

establish a deadline for EPA to complete 

its reconsideration of that final rule. 

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–2023–0500, 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: 

Derek Mills, Air and Radiation Law 

Office, Office of General Counsel, U.S. 

Environmental Protection Agency; 

telephone (202) 564–3341; email 

address mills.derek@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–2023–0500) 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 December 14, 2020, EPA issued a 

final rule approving two revisions to 

Pennsylvania’s state implementation 

plan (SIP) to address certain reasonably 

available control technology 

requirements, specifically those related 

to control techniques guidelines for 

volatile organic compounds and the 

addition of regulations controlling 

volatile organic compounds emissions 

from industrial cleaning solvents. That 

final rule was titled ‘‘Air Plan Approval; 

Pennsylvania; Reasonably Available 

Control Technology (RACT) for Volatile 

Organic Compounds (VOC) Under the 


lotter on DSK11XQN23PROD with NOTICES1
72068 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices 

1Center for Biological Diversity v. EPA, et al., 

Case No. 21–1279 (3d. Cir.). 

2008 Ozone National Ambient Air 

Quality Standards (NAAQS),’’ and 

published at 85 FR 80616 (December 14, 

2020) (‘‘Final Rule’’). 

On February 12, 2021, Plaintiff 

petitioned the United States Court of 

Appeals for the Third Circuit to review 

the Final Rule.1 On August 2, 2021, EPA 

filed a motion for voluntary remand 

without vacatur in Third Circuit Case 

No. 21–1279 so that the Agency could 

reconsider the Final Rule. On 

September 3, 2021, the Third Circuit 

granted EPA’s motion for voluntary 

remand without vacatur. To date, EPA 

has not completed its reconsideration of 

the Final Rule. The proposed consent 

decree would establish a deadline for 

EPA to complete its reconsideration of 

the Final Rule. Further, if that 

reconsideration process results in 

rulemaking, EPA shall, within 15 

business days of signature of a notice of 

a final rule, send the rulemaking 

package to the Office of the Federal 

Register for review and publication in 

the Federal Register. 

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– 

0500, 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. 2023–23083 Filed 10–18–23; 8:45 am] 

BILLING CODE 6560–50–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

Performance Review Board— 

Appointment of Members 

AGENCY: U.S. Equal Employment 

Opportunity Commission (EEOC). 

ACTION: Notice of performance review 

board appointments. 

SUMMARY: This notice announces the 

appointment of those individuals who 

have been selected to serve as members 

of the Performance Review Board (PRB). 

The PRB is comprised of a Chairperson 

and career senior executives that meet 

annually to review and evaluate 

performance appraisal documents. The 

PRB provides a written recommendation 

to the appointing authority for final 

approval of each SES and SL 

performance rating, performance-based 

pay adjustment, and performance 

award. The PRB is advised by the Office 

of the Chief Human Capital Officer, 

Office of Legal Counsel, and Office for 

Civil Rights, Diversity and Inclusion to 

ensure compliance with laws and 

regulations. Designated members will 

serve a 12-month term. 

DATES: The board membership is 

applicable beginning on November 1, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia G. Pierre, Chief Operating 

Officer, EEOC, 131 M Street NE, 

Washington, DC 20507, (202) 291–3260. 

SUPPLEMENTARY INFORMATION: In 

accordance with 5 U.S.C. 4314(c)(4), the 

names and position of the EEOC PRB 

members are set forth below: 

Mr. Carlton Hadden, Chair, Director, Office of 

Federal Operations, EEOC 

Mr. Bradley Anderson, Director, Birmingham 

District, EEOC 

Ms. Kimberly Essary, Deputy Chief Data 

Officer, EEOC 

Ms. Gwendolyn Reams, Acting General 

Counsel, EEOC 

Mr. Kevin Richardson, Chief Human Capital 

Officer, EEOC 

Mr. Richard Toscano, Director, Equal 

Employment Opportunity Staff, U.S. 

Department of Justice 

Ms. Jamie Williamson, Director, Philadelphia 

District, EEOC 

Mr. Raymond Peeler, Associate Legal 

Counsel, EEOC (Alternate) 

Ms. Pierrette McIntire, Chief Information 

Officer, EEOC (Alternate) 

By the direction of the Commission. 

Cynthia G. Pierre, 

Chief Operating Officer. 

[FR Doc. 2023–23088 Filed 10–18–23; 8:45 am] 

BILLING CODE 6570–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[FR ID: 179690] 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Communications 

Commission. 


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