Proposed Consent Decree, Clean Air Act Citizen Suit, 60629-60630 [2024-16456]

Download as PDF Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Notices Dated: July 18, 2024. Charles Smith, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2024–16486 Filed 7–25–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2024–0300; FRL–12115–01– 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 section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or ‘‘the Act’’), the Environmental Protection Agency (‘‘EPA’’ or ‘‘the Agency’’) is providing notice of a proposed consent decree in State of New York v. Regan, No. 1:23– cv–2767 (D.D.C.). On September 21, 2023, Plaintiffs New York, Alaska, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Vermont, Washington, and the Puget Sound Clean Air Agency (collectively, ‘‘Plaintiffs’’), filed a complaint in the United States District Court for the District of Columbia alleging that EPA failed to perform certain nondiscretionary duties pursuant to the CAA to, at least every 8 years, review and, if appropriate, revise New Source Performance Standards (‘‘NSPS’’) or to promulgate a determination that such review ‘‘is not appropriate in light of readily available information on the efficacy of such standard[s]’’ for New Residential Wood Heaters (‘‘NSPS subpart AAA’’) and New Residential Hydronic Heaters and Forced-Air Furnaces (‘‘NSPS subpart QQQQ’’). The proposed consent decree would establish deadlines for the EPA Administrator (‘‘Administrator’’) to either sign proposed and final rulemakings as to these two NSPS subparts, or sign a final determination not to review, in accordance with the Act. DATES: Written comments on the proposed consent decree must be received by August 26, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2024–0300, 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:17 Jul 25, 2024 Jkt 262001 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: Laura L. Cottingham, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone: (202) 564–1038; email address: Cottingham.Laura@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–2024–0300) 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 Plaintiffs filed a complaint in the United States District Court for the District of Columbia alleging that EPA failed to perform certain nondiscretionary duties in accordance with CAA section 111(b)(1)(B) to ‘‘at least every 8 years, review and, if appropriate, revise’’ NSPS subparts AAA and QQQQ, or to promulgate a determination that such review ‘‘is not appropriate in light of readily available information on the efficacy of such standard[s].’’ PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 60629 Under the terms of the proposed consent decree, the Administrator shall review and, if appropriate, revise NSPS subparts AAA and QQQQ, or sign a final determination not to review, by the deadlines established in the proposed consent decree, in accordance with CAA section 111(b)(1)(B). Beginning ninety (90) days after entry of the proposed Consent Decree, EPA will provide quarterly status updates to Plaintiffs regarding the Agency’s progress toward meeting the deadlines in the proposed consent decree. For a period of thirty (30) days following the date of publication of this notice, 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–2024– 0300, via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. The 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. The 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. E:\FR\FM\26JYN1.SGM 26JYN1 60630 Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Notices 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. 2024–16456 Filed 7–25–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2017–0720; FRL–12086–01– OCSPP] Pesticide Registration Review; Draft Human Health and/or Ecological Risk Assessments for Several Pesticides; Notice of Availability Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: For pesticide specific information: The Chemical Review Manager for the pesticide of interest identified in table 1 of unit II. For general questions: Melanie Biscoe, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–0701; email address: biscoe.melanie@epa.gov. SUPPLEMENTARY INFORMATION: The Environmental Protection Agency (EPA or Agency) is announcing the availability of and soliciting comment on the Agency’s draft human health and/or ecological risk assessments for the registration review of clothianidin, imidacloprid, saflufenacil, and thiamethoxam. DATES: Comments must be received on or before September 24, 2024. ADDRESSES: Submit your comments, identified by the docket identification (ID) number for the specific pesticide of interest provided in table 1 of unit II., 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 and visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: SUMMARY: I. Does this action apply to me? This action is directed to the public in general and may be of interest to a wide range of stakeholders including environmental, human health, farm worker, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the Chemical Review Manager identified in table 1 of unit II. II. What action is the Agency taking? Pursuant to 40 CFR 155.53(c), this notice announces the availability of EPA’s human health and/or ecological risk assessments for the pesticides shown in Table 1 and opens a 60-day public comment period on the risk assessments. TABLE 1—DRAFT RISK ASSESSMENTS BEING MADE AVAILABLE FOR PUBLIC COMMENT Registration review case name and No. Docket ID No. Clothianidin, Case Number 7620 ..................................... EPA–HQ–OPP–2011–0865 Imidacloprid, Case Number 7605 .................................... EPA–HQ–OPP–2008–0844 Saflufenacil, Case Number 7278 ..................................... EPA–HQ–OPP–2019–0524 Thiamethoxam, Case Number 7614 ................................ EPA–HQ–OPP–2011–0581 ddrumheller on DSK120RN23PROD with NOTICES1 III. What is the Agency’s authority for taking this action? EPA is conducting its registration review of the chemicals listed in table 1 of unit I pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(g) (7 U.S.C. 136(g)) and the Procedural Regulations for Registration Review at 40 CFR part 155, subpart C. FIFRA section 3(g) provides, among other things, that pesticide registrations are to be VerDate Sep<11>2014 17:17 Jul 25, 2024 Jkt 262001 Chemical review manager and contact information Matthew Khan, khan.matthew@epa.gov, (202) 566– 2212. Matthew Khan, khan.matthew@epa.gov, (202) 566– 2212. Jonathan Williams, williams.jonathanr@epa.gov, (202) 566–2240. Matthew Khan, khan.matthew@epa.gov, (202) 566– 2212. reviewed every 15 years. Consistent with 40 CFR 155.57, in its final registration review decision, EPA will ultimately determine whether a pesticide continues to meet the registration standard in FIFRA section 3(c)(5) (7 U.S.C. 136a(c)(5)). As part of the registration review process, the Agency has completed draft human health and/or ecological risk assessments for all pesticides listed in table 1 of unit I. Pursuant to 40 CFR PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 155.53(c), EPA generally provides for at least a 30-day public comment period on draft human health and/or ecological risk assessments during registration review. This comment period is intended to provide an opportunity for public input on the Agency’s assessment of the human health and/or ecological risks posed by use of these pesticides. E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Notices]
[Pages 60629-60630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16456]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2024-0300; FRL-12115-01-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 section 113(g) of the Clean Air Act, as 
amended (``CAA'' or ``the Act''), the Environmental Protection Agency 
(``EPA'' or ``the Agency'') is providing notice of a proposed consent 
decree in State of New York v. Regan, No. 1:23-cv-2767 (D.D.C.). On 
September 21, 2023, Plaintiffs New York, Alaska, Illinois, Maryland, 
Massachusetts, Minnesota, New Jersey, Oregon, Vermont, Washington, and 
the Puget Sound Clean Air Agency (collectively, ``Plaintiffs''), filed 
a complaint in the United States District Court for the District of 
Columbia alleging that EPA failed to perform certain non-discretionary 
duties pursuant to the CAA to, at least every 8 years, review and, if 
appropriate, revise New Source Performance Standards (``NSPS'') or to 
promulgate a determination that such review ``is not appropriate in 
light of readily available information on the efficacy of such 
standard[s]'' for New Residential Wood Heaters (``NSPS subpart AAA'') 
and New Residential Hydronic Heaters and Forced-Air Furnaces (``NSPS 
subpart QQQQ''). The proposed consent decree would establish deadlines 
for the EPA Administrator (``Administrator'') to either sign proposed 
and final rulemakings as to these two NSPS subparts, or sign a final 
determination not to review, in accordance with the Act.

DATES: Written comments on the proposed consent decree must be received 
by August 26, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0300, 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: Laura L. Cottingham, Air and Radiation 
Law Office, Office of General Counsel, U.S. Environmental Protection 
Agency; telephone: (202) 564-1038; 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-2024-0300) 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

    Plaintiffs filed a complaint in the United States District Court 
for the District of Columbia alleging that EPA failed to perform 
certain non-discretionary duties in accordance with CAA section 
111(b)(1)(B) to ``at least every 8 years, review and, if appropriate, 
revise'' NSPS subparts AAA and QQQQ, or to promulgate a determination 
that such review ``is not appropriate in light of readily available 
information on the efficacy of such standard[s].''
    Under the terms of the proposed consent decree, the Administrator 
shall review and, if appropriate, revise NSPS subparts AAA and QQQQ, or 
sign a final determination not to review, by the deadlines established 
in the proposed consent decree, in accordance with CAA section 
111(b)(1)(B). Beginning ninety (90) days after entry of the proposed 
Consent Decree, EPA will provide quarterly status updates to Plaintiffs 
regarding the Agency's progress toward meeting the deadlines in the 
proposed consent decree.
    For a period of thirty (30) days following the date of publication 
of this notice, 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-2024-
0300, via https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from this docket. The 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. The 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.

[[Page 60630]]

    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. 2024-16456 Filed 7-25-24; 8:45 am]
BILLING CODE 6560-50-P
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