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###### Environmental Protection Agency

          - [EPA-HQ-OGC-2022-0477; FRL-9981-01-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 given of a proposed consent decree in                         *Center for Biological Diversity et al*                         v.                         *Regan,*                         No. 4:22-cv-02285 (N.D. Cal.). On April 13, 2022, Plaintiff Center for Biological Diversity (CBD) filed a complaint in the United States District Court for the Northern District of California. Plaintiffs alleged that the EPA failed to perform a mandatory duty under the Clean Air Act to complete a review of the secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen Oxides (NOX), Sulfur Oxides (SOX), and Particulate Matter (PM). The proposed consent decree would require EPA to complete a review of the secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen Oxides (NOX) and Sulfur Oxides (SOX), and the secondary NAAQS for Particulate Matter (PM) ecological effects. Specifically, the consent decree would require EPA to sign a proposed and final action in these NAAQS reviews by February 9, 2024 and December 10, 2024, respectively.                    

# DATES:

Written comments on the proposed consent decree must be received by August 4, 2022.

# ADDRESSES:

                        Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-0447, 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:

                        David Orlin, Air and Radiation Law Office, Office of General Counsel, U.S.                               ( print page 39822)                            Environmental Protection Agency; telephone (202) 564-1222; email address                         *Orlin.David@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-2022-0447) 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 April 13, 2022, Plaintiff Center for Biological Diversity (CBD) filed a complaint in the United States District Court for the Northern District of California (                    *Center for Biological Diversity et al*                     v.                     *Regan,*                     4:22-cv-02285 (N.D. Cal.). CBD alleges that the EPA failed to perform a mandatory duty to complete a review of the NOX, SOX, and PM secondary NAAQS every five years. The proposed consent decree would establish deadlines for EPA to take proposed and final actions pursuant to Clean Air Act (CAA) section 109 to complete a review of NOX                     and SOX                     secondary NAAQS and the PM secondary NAAQS for ecological effects. Specifically, the consent decree would require EPA to sign a proposed and final action in these reviews by February 9, 2024 and December 10, 2024, respectively. EPA completed a review of the secondary PM NAAQS for non-ecological effects in 2020. The proposed consent decree would require EPA to complete a review the secondary PM NAAQS for ecological effects.                

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-2022-0447, 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 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. 2022-14220 Filed 7-1-22; 8:45 am]

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