Proposed Consent Decree, Clean Air Act Citizen Suit, 45416-45417 [2023-15083]

Download as PDF 45416 Federal Register / Vol. 88, No. 135 / Monday, July 17, 2023 / Notices well as their oral statement so that the points presented orally can be expanded upon in writing. Interested parties should contact Mr. Aaron Yeow, DFO, in writing (preferably via email) at the contact information noted above by August 16, 2023, to be placed on the list of public speakers. Written Statements: Written statements will be accepted throughout the advisory process; however, for timely consideration by CASAC members, statements should be supplied to the DFO (preferably via email) at the contact information noted above by August 16, 2023. Written statements should be supplied to the DFO at the contact information above via email. Submitters are requested to provide an unsigned version. Members of the public should be aware that their personal contact information if included in any written comments, may be posted to the SAB website. Copyrighted material will not be posted without the explicit permission of the copyright holder. Accessibility: For information on access or services for individuals with disabilities, please contact Mr. Aaron Yeow at (202) 564–2050 or yeow.aaron@ epa.gov. To request accommodation of a disability, please contact the DFO, at the contact information noted above, preferably at least ten days prior to each meeting, to give EPA as much time as possible to process your request. V. Khanna Johnston, Deputy Director, Science Advisory Board Staff Office. [FR Doc. 2023–15035 Filed 7–14–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2023–0349; FRL–11156–01– 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 Sierra Club v. U.S. EPA, et al., No. 3:23-cv-00780–TLT. On February 22, 2023, Plaintiff Sierra Club filed a complaint in the United States District Court for the Northern District of California Oakland Division, alleging that the Environmental Protection Agency (EPA or the Agency) failed to ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:10 Jul 14, 2023 Jkt 259001 perform certain non-discretionary duties in accordance with the Act to promulgate a Federal implementation plan (FIP) within two years of finding that Texas failed to submit a state implementation plan (SIP) for the Rusk/ Panola 2010 SO2 National Ambient Air Quality Standard (SO2 NAAQS) nonattainment area. EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing a deadline for EPA to take final action as specified in the decree. DATES: Written comments on the proposed consent decree must be received by August 16, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2023–0349, 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 Kerr.Hali@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–2023–0349) 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:// PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 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 December 13, 2016, the EPA designated portions of Rusk and Panola Counties, Texas as a ‘‘nonattainment’’ area for the 2010 SO2 NAAQS (effective January 12, 2017). 81 FR 89870. The CAA required the State of Texas to submit a SIP within 18 months of the effective date of the designation that would provide pollution reductions necessary for the Rusk-Panola nonattainment area to attain the SO2 NAAQS. Texas did not submit a SIP by the 18-month deadline. On August 10, 2020, the EPA issued a statutorily required Finding of Failure to Submit a SIP for the nonattainment area; this created a duty for the EPA to promulgate a FIP for the nonattainment area unless EPA takes final action approving a corrective SIP from the State within two years of the effective date of the Finding of Failure to Submit (by September 9, 2022). Texas did not obtain approval of a corrective SIP by September 9, 2022. On February 22, 2023, Plaintiff Sierra Club filed a complaint in the United States District Court for the Northern District of California Oakland Division, alleging that the EPA failed to promulgate a FIP within two years of finding that Texas failed to submit a SIP for the Rusk/Panola 2010 SO2 NAAQS nonattainment area.1 The proposed consent decree would establish a deadline of December 13, 2024 for EPA to take final action promulgating a FIP for the nonattainment area unless the EPA approves a corrective SIP for the area satisfying the requirements of CAA section 172(c), 42 U.S.C. 7502(c), before that deadline. 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 1 On February 28, 2022, the State of Texas submitted a SIP for the nonattainment area; this SIP is currently being reviewed by the EPA. E:\FR\FM\17JYN1.SGM 17JYN1 Federal Register / Vol. 88, No. 135 / Monday, July 17, 2023 / Notices facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. ddrumheller on DSK120RN23PROD with NOTICES1 III. Additional Information About Commenting on the Proposed Consent Decree Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2023– 0349, 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 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. VerDate Sep<11>2014 17:10 Jul 14, 2023 Jkt 259001 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. 2023–15083 Filed 7–14–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2023–0288; FRL–11108–01– OCSPP] Draft Guidance for the Evaluation of Products for Claims Against Viruses; Notice of Availability and Request for Comments Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) is announcing the availability of and soliciting comment on draft guidance to expand the availability of virucidal claims for antimicrobial pesticides and provide framework for registrants who seek to make such claims. This draft guidance reiterates recommended test methods and guidance for the addition of virucidal claims to products that meet the criteria for hard surface disinfections claims and the addition of virucidal claims to products that meet the criteria for food/ non-food contact sanitizer claims consistent with current test guidelines. This draft guidance specifically covers the addition of a virucidal claims to a product that has met the criteria for a bactericidal disinfectant and/or sanitizer. The methods and performance standards applicable to this expanded availability of virucidal claims are the same test methods and performance standards that are currently used to support existing virucidal claims and thus there are no expectations on reduction of product performance against viruses. DATES: Submit your comments on or before September 15, 2023. SUMMARY: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 45417 Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2023–0288, through the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Luisa Samalot, Office of Chemical Safety and Pollution Prevention, Antimicrobial Division (7510M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–0609; email address: samalot.luisa@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. General Information A. Does this action apply to me? This notice is directed to the general public and may be of specific interest to persons or entities that register antimicrobial pesticides. Because other entities may also be interested in this notice, the agency has not attempted to describe all the specific entities that may be interested in this subject. If you have any questions regarding the applicability of this action to a particular entity, contact the person listed under FOR FURTHER INFORMATION CONTACT. B. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit CBI information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When preparing and submitting your comments, see Tips for Effective Comments at https://www.epa.gov/ dockets. Please note that once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45416-45417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15083]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0349; FRL-11156-01-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 Sierra Club v. 
U.S. EPA, et al., No. 3:23-cv-00780-TLT. On February 22, 2023, 
Plaintiff Sierra Club filed a complaint in the United States District 
Court for the Northern District of California Oakland Division, 
alleging that the Environmental Protection Agency (EPA or the Agency) 
failed to perform certain non-discretionary duties in accordance with 
the Act to promulgate a Federal implementation plan (FIP) within two 
years of finding that Texas failed to submit a state implementation 
plan (SIP) for the Rusk/Panola 2010 SO2 National Ambient Air 
Quality Standard (SO2 NAAQS) nonattainment area. EPA is 
providing notice of this proposed consent decree, which would resolve 
all claims in the case by establishing a deadline for EPA to take final 
action as specified in the decree.

DATES: Written comments on the proposed consent decree must be received 
by August 16, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0349, 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-2023-0349) 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 December 13, 2016, the EPA designated portions of Rusk and 
Panola Counties, Texas as a ``nonattainment'' area for the 2010 
SO2 NAAQS (effective January 12, 2017). 81 FR 89870. The CAA 
required the State of Texas to submit a SIP within 18 months of the 
effective date of the designation that would provide pollution 
reductions necessary for the Rusk-Panola nonattainment area to attain 
the SO2 NAAQS. Texas did not submit a SIP by the 18-month 
deadline. On August 10, 2020, the EPA issued a statutorily required 
Finding of Failure to Submit a SIP for the nonattainment area; this 
created a duty for the EPA to promulgate a FIP for the nonattainment 
area unless EPA takes final action approving a corrective SIP from the 
State within two years of the effective date of the Finding of Failure 
to Submit (by September 9, 2022). Texas did not obtain approval of a 
corrective SIP by September 9, 2022.
    On February 22, 2023, Plaintiff Sierra Club filed a complaint in 
the United States District Court for the Northern District of 
California Oakland Division, alleging that the EPA failed to promulgate 
a FIP within two years of finding that Texas failed to submit a SIP for 
the Rusk/Panola 2010 SO2 NAAQS nonattainment area.\1\
---------------------------------------------------------------------------

    \1\ On February 28, 2022, the State of Texas submitted a SIP for 
the nonattainment area; this SIP is currently being reviewed by the 
EPA.
---------------------------------------------------------------------------

    The proposed consent decree would establish a deadline of December 
13, 2024 for EPA to take final action promulgating a FIP for the 
nonattainment area unless the EPA approves a corrective SIP for the 
area satisfying the requirements of CAA section 172(c), 42 U.S.C. 
7502(c), before that deadline.
    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

[[Page 45417]]

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-
0349, 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. 2023-15083 Filed 7-14-23; 8:45 am]
BILLING CODE 6560-50-P
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