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###### Environmental Protection Agency

          - [EPA-HQ-OGC-2022-0446; FRL-9940-01-OGC]

# 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 hereby given of a proposed consent decree in                         *WildEarth Guardians*                         v.                         *Regan,*                         No. 1:22-cv-174-RB-GBW (D.N.M.). On March 8, 2022, Plaintiff WildEarth Guardians filed a complaint in the United States District Court for the District of New Mexico alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform a non-discretionary duty in accordance with the Act to either promulgate a Federal Implementation Plan (FIP) or approve a State Implementation Plan (SIP) for New Mexico that meets CAA requirements for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish a June 1, 2024, deadline for EPA to take specified actions.                    

# DATES:

                        Written comments on the proposed consent decree must be received by                         *July 22, 2022.*

# ADDRESSES:

                        Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-0446, 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:

                        Jeanhee Hong, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone (415) 972-3921; email address                         *hong.jeanhee@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-2022-0446) 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 resolve a lawsuit filed by WildEarth Guardians seeking to compel the Administrator to promulgate a FIP for New Mexico to satisfy the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS. On October 1, 2015, EPA promulgated a final rule revising the ozone NAAQS. Effective January 6, 2020, EPA determined that New Mexico had “not submitted [a] complete interstate transport [SIP] to meet the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS[,]” which established a 2-year deadline under CAA section 110(c)(1) for EPA to promulgate a FIP for New Mexico to satisfy these requirements unless, before EPA promulgates such FIP, the State submits and EPA approves a SIP that meets these requirements.[1] 

Under the terms of the proposed consent decree, no later than June 1, 2024, EPA must sign a final rule or rules taking one or more of the following actions with respect to the State of New Mexico to meet the requirements of CAA section 110(a)(2)(D)(i)(I) regarding prohibiting significant contribution to nonattainment or interference with maintenance in other states for the 2015 ozone NAAQS: (a) promulgate a FIP; (b) approve a SIP; or (c) approve in part a SIP in conjunction with promulgating a partial FIP.

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-2022-0446, 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-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.                

                    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                           ( print page 37332)                        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.

# Footnotes

1.                             84 FR 66612, 66614 (December 5, 2019).                    
        Back to Citation      

[FR Doc. 2022-13295 Filed 6-21-22; 8:45 am]

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