[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Notices]
[Pages 87368-87369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25483]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2024-0490; FRL-12343-01-OGC]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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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 Center 
for Biological Diversity and Sierra Club v. Regan, No. 4:24-cv-01900-
HSG (N.D. Cal.). On May 11, 2024, Plaintiffs Center for Biological 
Diversity and Sierra Club (collectively Plaintiffs) filed an amended 
complaint in the United States District Court for the Northern District 
of California. Plaintiffs alleged that EPA failed to perform certain 
non-discretionary duties in accordance with the Act: to determine that 
certain nonattainment areas under the 2010 primary National Ambient Air 
Quality Standards (NAAQS) for sulfur dioxide (SO<INF>2</INF>) had 
failed to submit required state implementation plans (SIPs); to 
promulgate federal implementation plans (FIPs) for certain 
SO<INF>2</INF> nonattainment areas; and to determine whether certain 
nonattainment areas had timely attained the NAAQS. The proposed consent 
decree would establish deadlines for EPA to take actions.

DATES: Written comments on the proposed consent decree must be received 
by December 2, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0490, 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: Michael Thrift, Air and Radiation Law 
Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone: (202) 564-8852; email address: <a href="/cdn-cgi/l/email-protection#17637f657e7163397a7e7c725772677639707861"><span class="__cf_email__" data-cfemail="1b6f7369727d6f357672707e5b7e6b7a357c746d">[email protected]</span></a>.

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-2024-0490 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

    Plaintiffs filed a complaint in the United States District Court 
for the Northern District of California alleging that EPA failed to 
perform certain non-discretionary duties in accordance with the Clean 
Air Act under sections 110 and 179 to (i) determine that certain 
nonattainment areas under the 2010 primary SO<INF>2</INF> NAAQS had 
failed to submit required SIPs; (ii) promulgate

[[Page 87369]]

FIPs for certain SO<INF>2</INF> nonattainment areas; and (iii) 
determine whether certain nonattainment areas had timely attained the 
NAAQS. Subsequently, EPA issued a notice determining that the areas 
alleged to have failed to submit SIPs in fact had so failed, thus 
mooting Plaintiffs' claim on those grounds.
    The EPA solicits public comments on a proposed consent decree that 
would establish deadlines for EPA to take proposed and final actions 
pursuant to CAA sections 110(c) and 179(c) related to the 2010 primary 
SO<INF>2</INF> NAAQS. The consent decree would require that EPA no 
later than December 19, 2024, sign a final notice (or notices) 
determining under CAA section 179(c) whether the Anne-Arundel/Baltimore 
County, MD; Alton Township, IL; St. Clair, MI; Freestone-Anderson, TX; 
Rusk-Panola. TX; Titus, TX; Evangeline Parish, LA; and Piti-Cabras, 
Guam, nonattainment areas timely attained the 2010 primary 
SO<INF>2</INF> NAAQS; and by August 29, 2025, sign a final notice under 
CAA section 179(c) determining whether the Huntington, IN nonattainment 
area timely attained the NAAQS and sign a final notice promulgating a 
FIP for that area under the NAAQS. The consent decree would also 
require that EPA no later than September 30, 2025, sign a proposed 
notice (or notices) to promulgate FIPs under the NAAQS for the Piti-
Cabras, Guam and Evangeline Parish, LA nonattainment areas and by March 
31, 2026, sign a final notice (or notices) promulgating FIPs under the 
NAAQS for the Piti-Cabras, Guam and Evangeline Parish, LA nonattainment 
areas; and by August 28, 2026, sign a final notice promulgating a FIP 
under the NAAQS for the Hayden, AZ nonattainment area. In addition, the 
consent decree would require that EPA no later than January 14, 2027, 
sign a proposed notice (or notices) to promulgate FIPs under the NAAQS 
for the Guayama-Salinas and San Juan, Puerto Rico nonattainment areas 
and by June 1, 2027, sign a final notice (or notices) promulgating FIPs 
under the NAAQS for the Guayama-Salinas and San Juan, Puerto Rico 
nonattainment areas; and by November 1, 2027, sign a final notice (or 
notices) determining whether the Guayama-Salinas and San Juan, Puerto 
Rico nonattainment areas timely attained the NAAQS.
    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. The 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-2024-
0490, via https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from this docket. The 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. The 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.'' The EPA is not required to consider these late 
comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2024-25483 Filed 10-31-24; 8:45 am]
BILLING CODE 6560-50-P


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