Proposed Consent Decree, Clean Air Act Citizen Suit, 20166-20167 [2023-07061]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 20166 Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices and information to enable it to: (i) evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. EPA will then submit the final ICR package to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. Abstract: This ICR describes the cost and burden associated with 40 CFR part 121, the regulations that implement Clean Water Act (CWA) section 401. Under section 401, a Federal agency may not issue a permit or license that may result in any discharge into waters of the United States unless the certifying authority where the discharge would originate issues a section 401 water quality certification verifying that the discharge will comply with certain water quality requirements or waives the certification requirement. Certifying authorities are states, tribes with treatment as a state (TAS) authorization, and in limited circumstances, EPA. CWA section 401 requires project proponents to submit project-specific information to certifying authorities. Certifying authorities may act on project-specific information by either granting, granting with conditions, denying, or waiving section 401 certification. To demonstrate it has acted on the certification request, the certifying authority must provide a decision document to the relevant federal licensing or permitting agency. If the certifying authority fails or refuses to act on a certification request within a reasonable period of time (which shall not exceed one year) after receipt, the requirement to obtain certification is waived. EPA is also responsible for coordinating input from certain neighboring or downstream states and tribes affected by a discharge from a VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 federally licensed or permitted project under section 401(a)(2). Information collected directly collected by EPA under section 401 in support of the section 402 permit program is already captured under an existing ICR (OMB Control Number 2040–0004, EPA ICR Number 0229.22) and therefore is not included in this analysis. Form Numbers: None. Respondents/affected entities: Project proponents, State and tribal reviewers (certifying authorities). Respondent’s obligation to respond: required to obtain 401 certification (33 U.S.C. 1341(a)(1)). Estimated number of respondents: 154,000 responses from 77,138 respondents annually. Frequency of response: one per Federal application. Total estimated burden: 860,500 hours (per year). Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $48 Million (per year), includes $0 annualized capital or operation and maintenance costs. Changes in Estimates: There are changes in the total estimated respondent burden, number of respondents, and number of responses compared with the ICR currently approved by OMB (OMB Control No. 2040–0295). Brian Frazer, Acting Director, Office of Wetlands, Oceans, and Watersheds, Office of Water. [FR Doc. 2023–07060 Filed 4–4–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2023–0198; FRL–10838–01– 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 Center for Biological Diversity et al., v. Regan, No. 3:22–cv–03309–RS (N.D. Cal.). On June 7, 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 September 12, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) SUMMARY: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 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 North Dakota, the State of California, the State of Colorado, and the State of Pennsylvania. Plaintiffs also alleged that EPA failed to promulgate a federal implementation plan (FIP) for the State of California and the State of New Hampshire. Certain claims included in the Amended Complaint have since been rendered moot, and the proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking on the remaining claims. DATES: Written comments on the proposed consent decree must be received by May 5, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2023–0198, 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: 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–2023–0198) 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. E:\FR\FM\05APN1.SGM 05APN1 Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 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 SIP submissions by the State of Colorado, the State of California, and the State of New Hampshire. First, on March 22, 2021, the State of Colorado made a SIP submission addressing CAA section 182(c) requirements for the Denver Metro/North Front Range Serious nonattainment area under the 2008 ozone national ambient air quality standards (NAAQS). The proposed consent decree would require EPA to sign a notice of final rulemaking by September 29, 2023. Second, on February 3, 2017, EPA published a final rule that found that various nonattainment areas in the State of California and the State of New Hampshire failed to submit SIP revisions for various nonattainment SIP elements. The proposed consent decree would require EPA to sign a notice of final rulemaking for the nonattainment new source review (NSR) SIP element for the Los Angeles—San Bernardino Counties (West Mojave Desert), California nonattainment area by November 29, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or control techniques guidelines (CTG) for the Sacramento Metro, California nonattainment area (Sacramento Metropolitan Air Quality Management District) by March 31, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for the reasonably available control technology (RACT) nitrogen oxides (NOx) for Major Sources SIP element for the Sacramento Metro, California nonattainment area (Sacramento Metropolitan Air Quality Management District) by September 30, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or CTG for the Sacramento Metro, California nonattainment area (Yolo-Solano Air VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 Quality Management District) by March 31, 2024. The proposed consent decree would require EPA to sign a notice of final rulemaking for various SIP elements or CTG for the New Hampshire portion of the ozone transport region by September 30, 2023. The proposed consent decree would require EPA to sign a notice of final rulemaking for the portion of the revision to the Placer County Air Pollution Control District portion of the California SIP concerning the minor source NSR by September 30, 2023. Third, on December 29, 2020, the State of California made a SIP submission addressing the 2020 RACT demonstration for the 2008 ozone NAAQS for San Diego County. The proposed consent decree would require EPA to sign a notice of final rulemaking for the demonstration, except for four declarations, by October 31, 2024. 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–2023– 0198, 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- PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 20167 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. 2023–07061 Filed 4–4–23; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [FR ID 134608] Privacy Act of 1974; Matching Program Federal Communications Commission. ACTION: Notice of a new matching program. AGENCY: In accordance with the Privacy Act of 1974, as amended (‘‘Privacy Act’’), this document announces a new computer matching SUMMARY: E:\FR\FM\05APN1.SGM 05APN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20166-20167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07061]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0198; FRL-10838-01-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 Center for 
Biological Diversity et al., v. Regan, No. 3:22-cv-03309-RS (N.D. 
Cal.). On June 7, 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 September 
12, 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 respond to numerous state implementation plan (SIP) submissions 
from the State of North Dakota, the State of California, the State of 
Colorado, and the State of Pennsylvania. Plaintiffs also alleged that 
EPA failed to promulgate a federal implementation plan (FIP) for the 
State of California and the State of New Hampshire. Certain claims 
included in the Amended Complaint have since been rendered moot, and 
the proposed consent decree would establish deadlines for EPA to sign a 
notice of final rulemaking on the remaining claims.

DATES: Written comments on the proposed consent decree must be received 
by May 5, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0198, 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: 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-2023-0198) 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.

[[Page 20167]]

    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 SIP submissions 
by the State of Colorado, the State of California, and the State of New 
Hampshire. First, on March 22, 2021, the State of Colorado made a SIP 
submission addressing CAA section 182(c) requirements for the Denver 
Metro/North Front Range Serious nonattainment area under the 2008 ozone 
national ambient air quality standards (NAAQS). The proposed consent 
decree would require EPA to sign a notice of final rulemaking by 
September 29, 2023.
    Second, on February 3, 2017, EPA published a final rule that found 
that various nonattainment areas in the State of California and the 
State of New Hampshire failed to submit SIP revisions for various 
nonattainment SIP elements. The proposed consent decree would require 
EPA to sign a notice of final rulemaking for the nonattainment new 
source review (NSR) SIP element for the Los Angeles--San Bernardino 
Counties (West Mojave Desert), California nonattainment area by 
November 29, 2024. The proposed consent decree would require EPA to 
sign a notice of final rulemaking for various SIP elements or control 
techniques guidelines (CTG) for the Sacramento Metro, California 
nonattainment area (Sacramento Metropolitan Air Quality Management 
District) by March 31, 2024. The proposed consent decree would require 
EPA to sign a notice of final rulemaking for the reasonably available 
control technology (RACT) nitrogen oxides (NOx) for Major Sources SIP 
element for the Sacramento Metro, California nonattainment area 
(Sacramento Metropolitan Air Quality Management District) by September 
30, 2024. The proposed consent decree would require EPA to sign a 
notice of final rulemaking for various SIP elements or CTG for the 
Sacramento Metro, California nonattainment area (Yolo-Solano Air 
Quality Management District) by March 31, 2024. The proposed consent 
decree would require EPA to sign a notice of final rulemaking for 
various SIP elements or CTG for the New Hampshire portion of the ozone 
transport region by September 30, 2023. The proposed consent decree 
would require EPA to sign a notice of final rulemaking for the portion 
of the revision to the Placer County Air Pollution Control District 
portion of the California SIP concerning the minor source NSR by 
September 30, 2023.
    Third, on December 29, 2020, the State of California made a SIP 
submission addressing the 2020 RACT demonstration for the 2008 ozone 
NAAQS for San Diego County. The proposed consent decree would require 
EPA to sign a notice of final rulemaking for the demonstration, except 
for four declarations, by October 31, 2024.
    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-2023-
0198, 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. 2023-07061 Filed 4-4-23; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.