Proposed Consent Decree, Clean Air Act Citizen Suit, 65590-65591 [2022-23576]

Download as PDF 65590 Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Notices Dated: October 25, 2022. Debbie-Anne A. Reese, Deputy Secretary. Office of General Counsel, U.S. Environmental Protection Agency; telephone (202) 564–2286; email address Kerr.Hali@epa.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2022–23651 Filed 10–28–22; 8:45 am] BILLING CODE 6717–01–P I. Obtaining a Copy of the Proposed Consent Decree ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2022–0862; FRL–10367–01– OGC] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Our Children’s Earth Foundation v. U.S. EPA, No. 22–cv– 276–CKK (D.D.C.). On February 2, 2022, Plaintiff Our Children’s Earth Foundation filed a complaint in the United States District Court for the District of Columbia, alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform certain non-discretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions from the State of New Jersey. EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing deadlines for EPA to take final actions on twelve submissions from New Jersey as specified in the decree. DATES: Written comments on the proposed consent decree must be received by November 30, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2022–0862, 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: Hali Kerr, Air and Radiation Law Office, khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:15 Oct 28, 2022 Jkt 259001 The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2022–0862) 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 February 2, 2022, Plaintiff Our Children’s Earth Foundation filed a complaint in the United States District Court for the District of Columbia, alleging that the Environmental Protection Agency (EPA or the Agency) failed to perform certain nondiscretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions from the State of New Jersey. The proposed consent decree would establish deadlines for EPA to take action pursuant to CAA section 110(k) on certain SIP revisions by the State of New Jersey. On July 20, 2009, New Jersey submitted a SIP revision on Diesel I/M, Opacity Cutpoints. The proposed consent decree would require EPA to take action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, the Diesel I/M, Opacity Cutpoints SIP revision by August 31, 2023. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 On October 17, 2014, New Jersey submitted a SIP revision on 2010 SO2 Transport. The proposed consent decree would require EPA to take action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, the 2010 SO2 Transport SIP revision by August 30, 2024. On December 14, 2017, New Jersey submitted a SIP revision covering PM2.5 and Ammonia Emission Statement Reporting, PM2.5 in Air Permitting, and Subchapter 8 permitting. The proposed consent decree would require EPA to take action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, the PM2.5 and Ammonia Emission Statement Reporting and PM2.5 in Air Permitting SIP revisions by November 30, 2023, and the Subchapter 8 permitting SIP revision by February 28, 2025. On August 23, 2018, New Jersey submitted a SIP revision covering Resiliency, Air Toxics, and Removal of CAIR and NOX Budget Programs. The proposed consent decree would require EPA to take action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, the Resiliency and Air Toxics SIP revisions by November 30, 2023, and on the Removal of CAIR and NOX Budget Programs by August 30, 2024. On January 2, 2018, New Jersey submitted a SIP revision on its 2008 Ozone Attainment Demonstration including RFP and its 2008 Ozone Contingency Measures. The proposed consent decree would require EPA to take action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, these two SIP revisions by August 30, 2024. On May 13, 2019, New Jersey submitted a SIP revision for its 2015 Ozone Infrastructure SIP. The proposed consent decree would require EPA to take action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part certain elements of the 2015 Ozone Infrastructure SIP revision by August 30, 2024. And on March 26, 2020, New Jersey submitted a SIP revision on the Regional Haze Requirements for 2nd Planning Phase. The proposed consent decree would require EPA to take action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part the Regional Haze Requirements for 2nd Planning Phase SIP revision by November 30, 2023. E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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– 0862, 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-epadockets. 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 VerDate Sep<11>2014 17:15 Oct 28, 2022 Jkt 259001 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. 2022–23576 Filed 10–28–22; 8:45 am] BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION [DOCKET NO. 22–29] MVM Logistics, Complainant v. MSC Mediterranean Shipping Company (USA) Inc., Respondent; Notice of Filing of Complaint and Assignment Served: October 25, 2022. Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by MVM Logistics, hereinafter ‘‘Complainant,’’ against MSC Mediterranean Shipping Company (USA) Inc. as agent for Mediterranean Shipping Company, S.A., Geneva, hereinafter ‘‘Respondent.’’ Complainant states that it is a corporation organized under the laws of California. Complainant identifies the Respondent as a corporation organized under the laws of the State of New York and agent for the vessel-operating ocean common carrier that is headquartered in Geneva, Switzerland. Complainant alleges that Respondent violated 46 U.S.C. 41102(c) in its practices regarding the return of containers and related assessment of charges. An answer to the complaint is due to be filed with the Commission within twenty-five (25) days after the date of service. The full text of the complaint can be found in the Commission’s Electronic Reading Room at https://www2.fmc.gov/readingroom/ proceeding/22-29/. PO 00000 Frm 00024 Fmt 4703 Sfmt 9990 65591 This proceeding has been assigned to Office of Administrative Law Judges. The initial decision of the presiding officer in this proceeding shall be issued by October 25, 2023, and the final decision of the Commission shall be issued by May 9, 2024. William Cody, Secretary. [FR Doc. 2022–23565 Filed 10–28–22; 8:45 am] BILLING CODE 6730–02–P FEDERAL MARITIME COMMISSION [Docket No. 22–30] Samsung Electronics America, Inc., Complainant v. Zim Integrated Shipping Services Ltd., Respondent; Notice of Filing of Complaint and Assignment Served: October 25, 2022. Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by Samsung Electronics America, Inc, hereinafter ‘‘Complainant,’’ against Zim Integrated Shipping Services Ltd., hereinafter ‘‘Respondent.’’ Complainant states that it is a corporation organized under the law of the State of New York with its principal place of business located in New Jersey. Complainant identifies the Respondent as a vessel-operating common carrier with a corporate office in Haifa, Israel, conducting business in the United States through ZIM American Integrated Shipping Services Company Co. LLC, with its principal corporate office located in Norfolk, VA. Complainant alleges that Respondent violated 46 U.S.C. 41102(c), 41102(d), 41104(a)(3), 41104(a)(10), 41104(a)(14), and 41104(a)(15) and 46 CFR 545.4 and 545.5 regarding its practices and the billing and assessment of charges on the shipments of the Complainant’s container cargo. An answer to the complaint is due to be filed with the Commission within twenty-five (25) days after the date of service. The full text of the complaint can be found in the Commission’s Electronic Reading Room at https://www2.fmc.gov/ readingroom/proceeding/22-30/. This proceeding has been assigned to Office of Administrative Law Judges. The initial decision of the presiding officer in this proceeding shall be issued by October 25, 2023, and the final decision of the Commission shall be issued by May 9, 2024. William Cody, Secretary. [FR Doc. 2022–23589 Filed 10–28–22; 8:45 am] BILLING CODE 6730–02–P E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Notices]
[Pages 65590-65591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23576]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2022-0862; FRL-10367-01-OGC]


Proposed Consent Decree, Clean Air Act Citizen Suit

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 Our Children's 
Earth Foundation v. U.S. EPA, No. 22-cv-276-CKK (D.D.C.). On February 
2, 2022, Plaintiff Our Children's Earth Foundation filed a complaint in 
the United States District Court for the District of Columbia, alleging 
that the Environmental Protection Agency (EPA or the Agency) failed to 
perform certain non-discretionary duties in accordance with the Act to 
timely respond to numerous state implementation plan (SIP) submissions 
from the State of New Jersey. EPA is providing notice of this proposed 
consent decree, which would resolve all claims in the case by 
establishing deadlines for EPA to take final actions on twelve 
submissions from New Jersey as specified in the decree.

DATES: Written comments on the proposed consent decree must be received 
by November 30, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0862, 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: Hali Kerr, Air and Radiation Law 
Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone (202) 564-2286; email address [email protected].

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-2022-0862) 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 February 2, 2022, Plaintiff Our Children's Earth Foundation 
filed a complaint in the United States District Court for the District 
of Columbia, alleging that the Environmental Protection Agency (EPA or 
the Agency) failed to perform certain non-discretionary duties in 
accordance with the Act to timely respond to numerous state 
implementation plan (SIP) submissions from the State of New Jersey. The 
proposed consent decree would establish deadlines for EPA to take 
action pursuant to CAA section 110(k) on certain SIP revisions by the 
State of New Jersey.
    On July 20, 2009, New Jersey submitted a SIP revision on Diesel I/
M, Opacity Cutpoints. The proposed consent decree would require EPA to 
take action to approve, disapprove, conditionally approve, or approve 
in part and conditionally approve or disapprove in part, the Diesel I/
M, Opacity Cutpoints SIP revision by August 31, 2023.
    On October 17, 2014, New Jersey submitted a SIP revision on 2010 
SO2 Transport. The proposed consent decree would require EPA 
to take action to approve, disapprove, conditionally approve, or 
approve in part and conditionally approve or disapprove in part, the 
2010 SO2 Transport SIP revision by August 30, 2024.
    On December 14, 2017, New Jersey submitted a SIP revision covering 
PM2.5 and Ammonia Emission Statement Reporting, 
PM2.5 in Air Permitting, and Subchapter 8 permitting. The 
proposed consent decree would require EPA to take action to approve, 
disapprove, conditionally approve, or approve in part and conditionally 
approve or disapprove in part, the PM2.5 and Ammonia 
Emission Statement Reporting and PM2.5 in Air Permitting SIP 
revisions by November 30, 2023, and the Subchapter 8 permitting SIP 
revision by February 28, 2025.
    On August 23, 2018, New Jersey submitted a SIP revision covering 
Resiliency, Air Toxics, and Removal of CAIR and NOX Budget 
Programs. The proposed consent decree would require EPA to take action 
to approve, disapprove, conditionally approve, or approve in part and 
conditionally approve or disapprove in part, the Resiliency and Air 
Toxics SIP revisions by November 30, 2023, and on the Removal of CAIR 
and NOX Budget Programs by August 30, 2024.
    On January 2, 2018, New Jersey submitted a SIP revision on its 2008 
Ozone Attainment Demonstration including RFP and its 2008 Ozone 
Contingency Measures. The proposed consent decree would require EPA to 
take action to approve, disapprove, conditionally approve, or approve 
in part and conditionally approve or disapprove in part, these two SIP 
revisions by August 30, 2024.
    On May 13, 2019, New Jersey submitted a SIP revision for its 2015 
Ozone Infrastructure SIP. The proposed consent decree would require EPA 
to take action to approve, disapprove, conditionally approve, or 
approve in part and conditionally approve or disapprove in part certain 
elements of the 2015 Ozone Infrastructure SIP revision by August 30, 
2024.
    And on March 26, 2020, New Jersey submitted a SIP revision on the 
Regional Haze Requirements for 2nd Planning Phase. The proposed consent 
decree would require EPA to take action to approve, disapprove, 
conditionally approve, or approve in part and conditionally approve or 
disapprove in part the Regional Haze Requirements for 2nd Planning 
Phase SIP revision by November 30, 2023.

[[Page 65591]]

    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-
0862, 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. 2022-23576 Filed 10-28-22; 8:45 am]
BILLING CODE 6560-50-P
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