Proposed Consent Decree, Clean Air Act Citizen Suit, 72067-72068 [2023-23083]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices allocation of allowances in accordance with EPA’s national regulations in 40 CFR part 84. The final action treats all affected entities consistently in how the 40 CFR part 84 regulations are applied. The allowance allocation is the division and assignment of a single, nationwide pool of HFC allowances to entities across the country according to the uniform, national methodology established in EPA’s regulations, and each entity’s allowance allocation is a relative share of that pool; thus, any additional allowances awarded to one entity directly affect the allocations to others. The Administrator finds that this is a matter on which national uniformity is desirable to take advantage of the D.C. Circuit’s administrative law expertise and facilitate the orderly development of the basic law under the AIM Act and EPA’s implementing regulations. The Administrator also finds that consolidated review of the action in the D.C. Circuit will avoid piecemeal litigation in the regional circuits, further judicial economy, and eliminate the risk of inconsistent results for different regulated entities. The Administrator also finds that a nationally consistent approach to the allocation of allowances constitutes the best use of agency resources. The Administrator is publishing his finding that the allocation action is based on a determination of nationwide scope or effect in the Federal Register as part of this notice in addition to inclusion on the website announcing allocations. For these reasons, the final action of the Agency allocating hydrofluorocarbon allowances to entities located throughout the country is nationally applicable or, alternatively, the Administrator is exercising the complete discretion afforded to him by the CAA and finds that the final action is based on a determination of nationwide scope or effect for purposes of CAA section 307(b)(1) and is hereby publishing that finding in the Federal Register. Under section 307(b)(1) of the CAA, petitions for judicial review of this allocation action must be filed in the United States Court of Appeals for the District of Columbia Circuit by December 18, 2023. Under section 307(b)(1) of the CAA, petitions for judicial review of the administrative consequence actions noticed herein must be filed in the United States Court of Appeals for the appropriate circuit by December 18, 2023. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for purposes of judicial review nor does it extend the time within which a petition for judicial VerDate Sep<11>2014 17:48 Oct 18, 2023 Jkt 262001 review may be filed and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See CAA section 307(b)(2). Paul Gunning, Director, Office of Atmospheric Protection. [FR Doc. 2023–22163 Filed 10–18–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2023–0500; FRL–11447–01– 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 v. United States Environmental Protection Agency, et al., No. 2:23–cv– 01843 (E.D. Pa.). On May 16, 2023, Plaintiff Center for Biological Diversity filed a complaint in the Unites States District Court for the Eastern District of Pennsylvania. Plaintiff alleged that the Environmental Protection Agency (EPA or the Agency) has unreasonably delayed taking action following the United States Court of Appeals for the Third Circuit’s September 3, 2021, order in Case No. 21–1279. That order granted EPA’s request to remand to EPA for reconsideration a final rule titled ‘‘Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality Standards (NAAQS),’’ published in the Federal Register on December 14, 2020). The proposed consent decree would establish a deadline for EPA to complete its reconsideration of that final rule. DATES: Written comments on the proposed consent decree must be received by November 20, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2023–0500, 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 SUMMARY: PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 72067 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: Derek Mills, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone (202) 564–3341; email address mills.derek@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–2023–0500) 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 14, 2020, EPA issued a final rule approving two revisions to Pennsylvania’s state implementation plan (SIP) to address certain reasonably available control technology requirements, specifically those related to control techniques guidelines for volatile organic compounds and the addition of regulations controlling volatile organic compounds emissions from industrial cleaning solvents. That final rule was titled ‘‘Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Under the E:\FR\FM\19OCN1.SGM 19OCN1 72068 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 2008 Ozone National Ambient Air Quality Standards (NAAQS),’’ and published at 85 FR 80616 (December 14, 2020) (‘‘Final Rule’’). On February 12, 2021, Plaintiff petitioned the United States Court of Appeals for the Third Circuit to review the Final Rule.1 On August 2, 2021, EPA filed a motion for voluntary remand without vacatur in Third Circuit Case No. 21–1279 so that the Agency could reconsider the Final Rule. On September 3, 2021, the Third Circuit granted EPA’s motion for voluntary remand without vacatur. To date, EPA has not completed its reconsideration of the Final Rule. The proposed consent decree would establish a deadline for EPA to complete its reconsideration of the Final Rule. Further, if that reconsideration process results in rulemaking, EPA shall, within 15 business days of signature of a notice of a final rule, send the rulemaking package to the Office of the Federal Register for review and publication in the Federal Register. 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– 0500, 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 1 Center for Biological Diversity v. EPA, et al., Case No. 21–1279 (3d. Cir.). VerDate Sep<11>2014 17:48 Oct 18, 2023 Jkt 262001 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. Notice of performance review board appointments. ACTION: This notice announces the appointment of those individuals who have been selected to serve as members of the Performance Review Board (PRB). The PRB is comprised of a Chairperson and career senior executives that meet annually to review and evaluate performance appraisal documents. The PRB provides a written recommendation to the appointing authority for final approval of each SES and SL performance rating, performance-based pay adjustment, and performance award. The PRB is advised by the Office of the Chief Human Capital Officer, Office of Legal Counsel, and Office for Civil Rights, Diversity and Inclusion to ensure compliance with laws and regulations. Designated members will serve a 12-month term. DATES: The board membership is applicable beginning on November 1, 2023. FOR FURTHER INFORMATION CONTACT: Cynthia G. Pierre, Chief Operating Officer, EEOC, 131 M Street NE, Washington, DC 20507, (202) 291–3260. SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 4314(c)(4), the names and position of the EEOC PRB members are set forth below: SUMMARY: Mr. Carlton Hadden, Chair, Director, Office of Federal Operations, EEOC Mr. Bradley Anderson, Director, Birmingham District, EEOC Ms. Kimberly Essary, Deputy Chief Data Officer, EEOC Ms. Gwendolyn Reams, Acting General Counsel, EEOC Mr. Kevin Richardson, Chief Human Capital Officer, EEOC Mr. Richard Toscano, Director, Equal Employment Opportunity Staff, U.S. Department of Justice Ms. Jamie Williamson, Director, Philadelphia District, EEOC Mr. Raymond Peeler, Associate Legal Counsel, EEOC (Alternate) Ms. Pierrette McIntire, Chief Information Officer, EEOC (Alternate) By the direction of the Commission. Cynthia G. Pierre, Chief Operating Officer. [FR Doc. 2023–23088 Filed 10–18–23; 8:45 am] [FR Doc. 2023–23083 Filed 10–18–23; 8:45 am] BILLING CODE 6570–01–P BILLING CODE 6560–50–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FEDERAL COMMUNICATIONS COMMISSION [FR ID: 179690] Performance Review Board— Appointment of Members Privacy Act of 1974; System of Records U.S. Equal Employment Opportunity Commission (EEOC). AGENCY: AGENCY: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 Federal Communications Commission. E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72067-72068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23083]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0500; FRL-11447-01-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 v. United States Environmental Protection Agency, 
et al., No. 2:23-cv-01843 (E.D. Pa.). On May 16, 2023, Plaintiff Center 
for Biological Diversity filed a complaint in the Unites States 
District Court for the Eastern District of Pennsylvania. Plaintiff 
alleged that the Environmental Protection Agency (EPA or the Agency) 
has unreasonably delayed taking action following the United States 
Court of Appeals for the Third Circuit's September 3, 2021, order in 
Case No. 21-1279. That order granted EPA's request to remand to EPA for 
reconsideration a final rule titled ``Air Plan Approval; Pennsylvania; 
Reasonably Available Control Technology (RACT) for Volatile Organic 
Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality 
Standards (NAAQS),'' published in the Federal Register on December 14, 
2020). The proposed consent decree would establish a deadline for EPA 
to complete its reconsideration of that final rule.

DATES: Written comments on the proposed consent decree must be received 
by November 20, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0500, 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: Derek Mills, Air and Radiation Law 
Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone (202) 564-3341; 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-2023-0500) 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 14, 2020, EPA issued a final rule approving two 
revisions to Pennsylvania's state implementation plan (SIP) to address 
certain reasonably available control technology requirements, 
specifically those related to control techniques guidelines for 
volatile organic compounds and the addition of regulations controlling 
volatile organic compounds emissions from industrial cleaning solvents. 
That final rule was titled ``Air Plan Approval; Pennsylvania; 
Reasonably Available Control Technology (RACT) for Volatile Organic 
Compounds (VOC) Under the

[[Page 72068]]

2008 Ozone National Ambient Air Quality Standards (NAAQS),'' and 
published at 85 FR 80616 (December 14, 2020) (``Final Rule'').
    On February 12, 2021, Plaintiff petitioned the United States Court 
of Appeals for the Third Circuit to review the Final Rule.\1\ On August 
2, 2021, EPA filed a motion for voluntary remand without vacatur in 
Third Circuit Case No. 21-1279 so that the Agency could reconsider the 
Final Rule. On September 3, 2021, the Third Circuit granted EPA's 
motion for voluntary remand without vacatur. To date, EPA has not 
completed its reconsideration of the Final Rule. The proposed consent 
decree would establish a deadline for EPA to complete its 
reconsideration of the Final Rule. Further, if that reconsideration 
process results in rulemaking, EPA shall, within 15 business days of 
signature of a notice of a final rule, send the rulemaking package to 
the Office of the Federal Register for review and publication in the 
Federal Register.
---------------------------------------------------------------------------

    \1\ Center for Biological Diversity v. EPA, et al., Case No. 21-
1279 (3d. Cir.).
---------------------------------------------------------------------------

    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-
0500, 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. 2023-23083 Filed 10-18-23; 8:45 am]
BILLING CODE 6560-50-P
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