Environmental Protection Agency October 20, 2023 – Federal Register Recent Federal Regulation Documents
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California State Nonroad Engine Pollution Control Standards; Ocean-Going Vessels At-Berth; Notice of Decision
The Environmental Protection Agency (``EPA'') is granting the California Air Resources Board's (``CARB'') request for authorization of amendments to its Ocean-Going Vessels At-Berth regulation (``At-Berth Regulation''). CARB's At-Berth Regulation specifies auxiliary engine emission reduction requirements applicable to container, refrigerated, cargo, cruise, roll on-roll off (ro-ro), and tanker vessels (also emission reduction requirements to tanker vessel auxiliary boilers) while docked or ``berthed'' at specified marine terminals and ports in California. This decision is issued under the authority of the Clean Air Act (``CAA'' or ``Act'').
Finding That Lead Emissions From Aircraft Engines That Operate on Leaded Fuel Cause or Contribute to Air Pollution That May Reasonably Be Anticipated To Endanger Public Health and Welfare
In this action, the Administrator finds that lead air pollution may reasonably be anticipated to endanger the public health and welfare within the meaning of the Clean Air Act. The Administrator also finds that engine emissions of lead from certain aircraft cause or contribute to the lead air pollution that may reasonably be anticipated to endanger public health and welfare under the Clean Air Act.
Proposed Consent Decree, Clean Water Act Claim
In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, memorandum regarding ``Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,'' notice is hereby given of a proposed consent decree in Arizona Mining Reform Coalition et al. v. Guzman et al. (D. Ariz. 2023). On September 27, 2023, the Arizona Mining Reform Coalition, the Center for Biological Diversity, Earthworks, the Concerned Citizens and Retired Miners Coalition, and the Grand Canyon Chapter of the Sierra Club (collectively, ``Plaintiffs'') filed a complaint against EPA in the United States District Court for the District of Arizona alleging that the Agency failed to perform a mandatory duty under the Clean Water Act (CWA) to establish Total Maximum Daily Loads (TMDLs) for copper and lead impairments for Queen Creek, Arizona. This complaint followed submission of a Notice of Intent to Sue on August 9, 2022. EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.
Proposed Consent Decree, Clean Air Act Citizen Suit
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 California Communities Against Toxics v. Regan, No. 1:22-cv- 1457 (D.D.C.). On May 24, 2022, California Communities Against Toxics, Clean Air Council, Clean Power Lake County, Delaware Concerned Residents for Environmental Justice, Greater-Birmingham Alliance to Stop Pollution, Kentucky Resources Council, New Castle Prevention Coalition, United Congregations of Metro-East, and Sierra Club (collectively, ``Plaintiffs'') filed a complaint in the United States District Court for the District of Columbia alleging that EPA failed to perform its non-discretionary duty to ``review, and revise as necessary'' the National Emission Standards for Hazardous Air Pollutants (``NESHAP'') for Chemical Manufacturing Area Sources (``CMAS''), at least every 8 years. The proposed consent decree would establish deadlines for the EPA Administrator (``Administrator'') to sign a notice of proposed rulemaking and a final rule for this action.
Good Neighbor Environmental Board
Under the Federal Advisory Committee Act, the Environmental Protection Agency (EPA) gives notice of a public meeting of the Good Neighbor Environmental Board (GNEB). The purpose of this meeting is for the board to discuss and approve the final integrated draft of its 20th comprehensive report on water and wastewater infrastructure issues and challenges along the U.S.-Mexico border region.
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