Proposed Consent Decree, Clean Air Act Citizen Suit, 78958-78959 [2022-27940]

Download as PDF 78958 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices risk from residues that result from the use of a pesticide in or on food. IV. What action is the Agency taking? Pursuant to 40 CFR 155.58, this notice announces the availability of EPA’s proposed interim registration review decisions for the pesticides shown in Table 1 and opens a 75-day public comment period on the proposed interim registration review decisions. TKELLEY on DSK125TN23PROD with NOTICE TABLE 1—PESTICIDES WITH PROPOSED INTERIM DECISIONS Registration review case name and No. Docket ID No. Chemical review manager and contact information 1,3-Propanediamine, N-(3-aminopropyl)-N-dodecyl(1,3–PAD), Case Number 5109. DCNA, Case Number 0113 .............................................. EPA–HQ–OPP–2014–0406 Jessie Bailey, bailey.jessica@epa.gov, (202) 566–0605. EPA–HQ–OPP–2016–0141 Etofenprox, Case Number 7407 ...................................... EPA–HQ–OPP–2007–0804 Lavandulyl Senecioate, Case Number 6307 ................... EPA–HQ–OPP–2022–0356 Norflurazon, Case Number 0229 ..................................... EPA–HQ–OPP–2012–0565 Oregano Oil, Case Number 6342 .................................... EPA–HQ–OPP–2022–0641 Penta-termanone, Case Number 6313 ............................ EPA–HQ–OPP–2022–0657 Plant Extract 620 * (* Derived from Quercus falcata, Opuntia lindheimeri, Rhus aromatica, and Rhizophoria mangle tissues), Case Number 6071. Thiophanate-methyl and Carbendazim, Case Number 2680. EPA–HQ–OPP–2013–0587 Kent Fothergill, fothergill.kent@epa.gov, (202) 566– 1943. DeMariah Koger, koger.demariah@epa.gov, (202) 566– 2288. Andrew Queen, queen.andrew@epa.gov, (202) 566– 1539. James Douglass, douglass.james@epa.gov, (202) 566– 2343. Hannah Dean, dean.hannah@epa.gov, (202) 566– 2969. Susanne Cerrelli, cerrelli.susanne@epa.gov, (202) 566– 1516. Joseph Mabon, mabon.joseph@epa.gov, (202) 566– 1535. The registration review docket for a pesticide includes earlier documents related to the registration review case. For example, the review opened with a Preliminary Work Plan, for public comment. A Final Work Plan was placed in the docket following public comment on the Preliminary Work Plan. The documents in the dockets describe EPA’s rationales for conducting additional risk assessments for the registration review of the pesticides included in Table 1 in Unit IV, as well as the Agency’s subsequent risk findings and consideration of possible risk mitigation measures. These proposed interim registration review decisions are supported by the rationales included in those documents. Following public comment, the Agency will issue interim or final registration review decisions for the pesticides listed in Table 1 in Unit IV. The registration review final rule at 40 CFR 155.58(a) provides for a minimum 60-day public comment period on all proposed interim registration review decisions. This comment period is intended to provide an opportunity for public input and a mechanism for initiating any necessary amendments to the proposed interim decision. EPA is allowing a 75-day public comment period for all the proposed interim decisions in this notice. All comments should be submitted using the methods in ADDRESSES and must be received by EPA on or before the closing date. These comments will become part of the docket for the VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 EPA–HQ–OPP–2014–0004 Alexandra Feitel, feitel.alexandra@epa.gov, (202) 566– 1939. pesticides included in the Tables in Unit IV. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. The Agency will carefully consider all comments received by the closing date and may provide a ‘‘Response to Comments Memorandum’’ in the docket. The interim registration review decision will explain the effect that any comments had on the interim decision and provide the Agency’s response to significant comments. Background on the registration review program is provided at: https:// www.epa.gov/pesticide-reevaluation. Authority: 7 U.S.C. 136 et seq. Dated: December 19, 2022. Mary Elissa Reaves, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2022–27936 Filed 12–22–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2022–0969; FRL–10517–01– OGC] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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. 3:22-cv-00052–WHO (N.D. Cal.). On January 5, 2022, Plaintiffs Center for Biological Diversity and Center for Environmental Health filed a complaint in the United States District Court for the Northern District of California. On April 22, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) failed to perform certain nondiscretionary duties in accordance with the Act to timely determine the attainment status of certain areas with respect to the 2008 ozone National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish deadlines for EPA to sign notices of final rulemaking. DATES: Written comments on the proposed consent decree must be received by January 23, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2022–0969, 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 SUMMARY: E:\FR\FM\23DEN1.SGM 23DEN1 Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Notices 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: Elizabeth Pettit, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone (202) 566–2879; email address pettit.elizabetha@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–2022–0969) 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.’’ TKELLEY on DSK125TN23PROD with NOTICE II. Additional Information About the Proposed Consent Decree The proposed consent decree would establish deadlines for EPA to take action pursuant to CAA section 110(k) on certain state implementation plan (SIP) submissions by the State of California and the State of Texas. First, on September 23, 2021, the State of California failed to make a SIP submission for the San Diego County area for Reasonably Available Control Technology (RACT) measures not tied to attainment for the 2008 ozone NAAQS. The proposed consent decree would require EPA to sign a notice issuing a finding of failure to submit for this SIP submission no later than April 30, 2023. Second, on November 13, 2020, EPA determined that submittals for the VerDate Sep<11>2014 20:36 Dec 22, 2022 Jkt 259001 Dallas-Fort Worth area containing the SIP elements required for the ‘‘Serious’’ nonattainment classification with respect to the 2008 ozone NAAQS were administratively complete. Thus, EPA had a duty to take final action to approve, disapprove, or conditionally approve or disapprove, in whole or in part, the SIP submittals by November 13, 2021. On September 16, 2022, and October 3, 2022, EPA approved Texas’ SIP revisions for the emissions inventory and nonattainment new source review elements. (87 FR 56891; 87 FR 59697). The proposed consent decree would require EPA to sign a notice of final rulemaking on the remaining SIP elements by September 30, 2023. Third, on February 22, 2019, EPA determined that submittal for the Eastern Kern area containing the SIP element, Rule 425.3, Portland cement kilns, was administratively complete. Thus, EPA had a duty to take final action to approve, disapprove, or conditionally approve or disapprove, in whole or in part, the SIP submittal by February 22, 2020. The proposed consent decree would require EPA to sign a notice of final rulemaking on the remaining SIP element by June 30, 2023. 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– 0969, 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 PO 00000 Frm 00047 Fmt 4703 Sfmt 9990 78959 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 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. 2022–27940 Filed 12–22–22; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78958-78959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27940]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2022-0969; FRL-10517-01-OGC]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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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. 3:22-cv-00052-WHO (N.D. 
Cal.). On January 5, 2022, Plaintiffs Center for Biological Diversity 
and Center for Environmental Health filed a complaint in the United 
States District Court for the Northern District of California. On April 
22, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged 
that the Environmental Protection Agency (EPA or the Agency) failed to 
perform certain non-discretionary duties in accordance with the Act to 
timely determine the attainment status of certain areas with respect to 
the 2008 ozone National Ambient Air Quality Standards (NAAQS). The 
proposed consent decree would establish deadlines for EPA to sign 
notices of final rulemaking.

DATES: Written comments on the proposed consent decree must be received 
by January 23, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0969, 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

[[Page 78959]]

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: Elizabeth Pettit, Air and Radiation 
Law Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone (202) 566-2879; 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-2022-0969) 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

    The proposed consent decree would establish deadlines for EPA to 
take action pursuant to CAA section 110(k) on certain state 
implementation plan (SIP) submissions by the State of California and 
the State of Texas. First, on September 23, 2021, the State of 
California failed to make a SIP submission for the San Diego County 
area for Reasonably Available Control Technology (RACT) measures not 
tied to attainment for the 2008 ozone NAAQS. The proposed consent 
decree would require EPA to sign a notice issuing a finding of failure 
to submit for this SIP submission no later than April 30, 2023.
    Second, on November 13, 2020, EPA determined that submittals for 
the Dallas-Fort Worth area containing the SIP elements required for the 
``Serious'' nonattainment classification with respect to the 2008 ozone 
NAAQS were administratively complete. Thus, EPA had a duty to take 
final action to approve, disapprove, or conditionally approve or 
disapprove, in whole or in part, the SIP submittals by November 13, 
2021. On September 16, 2022, and October 3, 2022, EPA approved Texas' 
SIP revisions for the emissions inventory and nonattainment new source 
review elements. (87 FR 56891; 87 FR 59697). The proposed consent 
decree would require EPA to sign a notice of final rulemaking on the 
remaining SIP elements by September 30, 2023.
    Third, on February 22, 2019, EPA determined that submittal for the 
Eastern Kern area containing the SIP element, Rule 425.3, Portland 
cement kilns, was administratively complete. Thus, EPA had a duty to 
take final action to approve, disapprove, or conditionally approve or 
disapprove, in whole or in part, the SIP submittal by February 22, 
2020. The proposed consent decree would require EPA to sign a notice of 
final rulemaking on the remaining SIP element by June 30, 2023.
    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-
0969, 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. 2022-27940 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P
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