[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Notices]
[Pages 51698-51700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18393]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2020-0399; FRL-10013-98-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), notice is given of a proposed consent decree
in Center for Biological Diversity, et al., v. Wheeler, No. 3:20-cv-
00448 (N.D. Cal.). On January 22, 2020 and February 19, 2020, the
Center for Biological Diversity and the Center for Environmental Health
(collectively, Plaintiffs) filed a complaint and a first amended
complaint, respectively, in the United States District Court for the
Northern District of California, alleging that the Administrator of the
United States Environmental Protection Agency (EPA) failed to perform
certain non-discretionary duties. First, Plaintiffs allege that EPA
failed to issue a finding of failure to submit for state implementation
plans (SIPs) addressing reasonably available control technology (RACT)
for volatile organic compounds (VOC) from sources covered by the 2016
Oil and Gas control techniques guideline (CTG) for the 2008 ozone
National Ambient Air Quality Standards (NAAQS) for states and areas
listed in the First Amended Complaint within six months after the SIP
due date. Second,
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Plaintiffs allege that EPA failed to take final action to approve or
disapprove, in whole or in part, Oil and Gas CTG SIPs for the 2008 and/
or 2015 ozone NAAQS submitted by various states for the nonattainment
areas and ozone transport region (OTR) states listed in the First
Amended Complaint. The proposed consent decree would establish
deadlines for EPA to take specified actions.
DATES: Written comments on the proposed consent decree must be received
by September 21, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0399, 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.
The 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: Derek Mills, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone: (202) 564-3341; 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-2020-0399) 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, which would fully resolve a lawsuit
filed by the Center for Biological Diversity and the Center for
Environmental Health, would require the EPA to take action under the
CAA to make a finding of failure to submit for SIPs addressing RACT for
VOC from sources covered by the 2016 Oil and Gas CTG pursuant to 42
U.S.C. 7410(k)(1)(B) for the 2008 ozone NAAQS for certain states and
areas as listed in the proposed consent decree. The proposed consent
decree would also require the Administrator, pursuant to CAA sections
110(k)(2)-(4), 42 U.S.C. 7410(k)(2)-(4), to take final action to
approve or disapprove, in whole or in part SIP submissions addressing
the 2016 Oil and Gas CTG for the 2008 and/or 2015 ozone NAAQS submitted
by various states for the nonattainment areas and OTR states as listed
in the proposed consent decree.
Under the terms of the proposed consent decree, EPA shall sign a
notice or notices finding that the states identified as such in the
consent decree have failed to submit a SIP or SIP revision addressing
RACT for VOC sources covered by the Oil and Gas RACT CTG for the 2008
ozone NAAQS for the nonattainment area or state listed in the proposed
consent decree by the established deadline. In addition, under the
proposed consent decree, EPA shall sign a notice of proposed and/or
final rulemaking to approve, disapprove, conditionally approve, or
approve in part and conditionally approve or disapprove in part, Oil
and Gas RACT CTG SIPs for the 2008 and/or 2015 ozone NAAQS for the
nonattainment areas and OTR states as listed and identified as such in
the proposed consent decree by the established deadlines.
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-2020-
0399, 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
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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. 2020-18393 Filed 8-20-20; 8:45 am]
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