[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29770-29771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11692]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2021-0351; FRL-10024-26-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 the Clean Air Act, as amended 
(``CAA'' or the ``Act''), notice is given of a proposed consent decree 
in Association of Irritated Residents v. EPA, No. 4:21-cv-426-JST (N.D. 
CA.). On January 17, 2021, Plaintiff filed a complaint in the United 
States District Court for the Northern District of California, Oakland 
Division, alleging that the Environmental Protection Agency (EPA) 
failed to perform several mandatory duties under the CAA. On May 10, 
2019, the State of California submitted a SIP revision to EPA with two 
components titled ``2018 Plan for the 1997, 2006, and 2012 
PM<INF>2.5</INF> Standards'' and ``San Joaquin Valley Supplement to the 
2016 State Strategy for the State Implementation Plan'' (together, the 
``SJV PM<INF>2.5</INF> Plan'') to address CAA requirements for 
attainment of the PM<INF>2.5</INF> NAAQS in the SJV Area. The SJV 
PM<INF>2.5</INF> Plan includes measures intended to control emissions 
of fine particulate matter and its precursors within the San Joaquin 
Valley for purposes of attaining the 1997 annual and 24-hour 
PM<INF>2.5</INF> NAAQS, 2006 24-hour PM<INF>2.5</INF> NAAQS and 2012 
annual PM<INF>2.5</INF> NAAQS. The proposed consent decree would 
establish deadlines for EPA to take final actions on the portions of 
the SJV PM<INF>2.5</INF> Plan that address requirements for the various 
PM<INF>2.5</INF> NAAQS by specific dates.

DATES: Written comments on the proposed consent decree must be received 
by July 6, 2021.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2021-0351, 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. Out of an abundance 
of caution for members of the public and our staff, the EPA Docket 
Center and Reading Room are closed to the public, with limited 
exceptions, to reduce the risk of transmitting COVID-19. Our Docket 
Center staff will continue to provide remote customer service via 
email, phone, and webform. We encourage the public to submit comments 
via https://www.regulations.gov, as there may be a delay in processing 
mail and faxes. Hand-deliveries and couriers may be received by 
scheduled appointment only. For further information on EPA Docket 
Center services and the current status, please visit us online at 
https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone: (202) 564-5601; email address: <a href="/cdn-cgi/l/email-protection#afd8c6c3ccc0d781c8cac0c9c9ddcad6efcadfce81c8c0d9"><span class="__cf_email__" data-cfemail="46312f2a25293e68212329202034233f0623362768212930">[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-2021-0351) contains a copy of the proposed consent 
decree.
    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 establish deadlines for EPA to 
take final

[[Page 29771]]

actions pursuant to the CAA. First, the proposed consent decree would 
establish a deadline for EPA to take action pursuant to CAA section 
110(k)(2)-(4) to approve, disapprove, conditionally approve, or approve 
in part and disapprove in part the SJV PM<INF>2.5</INF> Plan's 2006 24-
hour PM<INF>2.5</INF> NAAQS Serious area plan contingency measures 
element. The proposed consent decree would require EPA to take action 
on the SIP submission for this requirement by no later than November 
30, 2021.
    Second, the proposed consent decree would establish a deadline for 
EPA to take final action pursuant to CAA section 110(k)(2)-(4) to 
approve, disapprove, conditionally approve, or approve in part and 
disapprove in part, the SJV PM<INF>2.5</INF> Plan's 1997 24-hour 
PM<INF>2.5</INF> NAAQS Serious area and CAA section 189(d) plan. The 
proposed consent decree would require EPA to take action on the SIP 
submission for these requirements by no later than February 28, 2022.
    Third, the proposed consent decree would establish a deadline for 
EPA to take final action pursuant to CAA section 110(k)(2)-(4) to 
approve, disapprove, conditionally approve, or approve in part and 
disapprove in part, the SJV PM<INF>2.5</INF> Plan's 2012 annual 
PM<INF>2.5</INF> NAAQS Serious area plan. The proposed consent decree 
would require EPA to take action on the SIP submission for these 
requirements by no later than April 29, 2022.
    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-2021-
0351, 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. 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. 2021-11692 Filed 6-2-21; 8:45 am]
BILLING CODE 6560-50-P


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