Environmental Protection Agency May 3, 2021 – Federal Register Recent Federal Regulation Documents

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. 3:20-cv-05436-EMC (N.D. Cal.). On August 6, 2020, Plaintiffs the Center for Biological Diversity, the Center for Environmental Health, and the Sierra Club (collectively, Plaintiffs) filed a complaint in the United States District Court for the Northern District of California, San Francisco Division. On October 29, 2020, 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: make timely findings that certain states failed to timely submit required plan submissions for areas designated as nonattainment for the 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS); timely respond to a state implementation plan (SIP) submittal from the State of Illinois for the Alton Township 2010 SO2 NAAQS nonattainment area; and make timely determinations whether certain areas designated as nonattainment for the 2010 SO2 NAAQS attained the standard by the attainment date. The proposed consent decree would establish deadlines for EPA to undertake certain actions.

The Director, Water Division, Environmental Protection Agency (EPA) Region 10, is modifying a National Pollutant Discharge Elimination System (NPDES) General Permit for offshore seafood processors operating in federal waters off the coast of Alaska. The permit, which became effective on July 17, 2019, authorizes discharges of seafood processing waste from vessels that: discharge at least 3 nautical miles (NM) or greater from the Alaska shore; and, which engage in the processing of fresh, frozen, canned, smoked, salted or pickled seafood, the processing of mince, or the processing of meal, paste and other secondary by-products. On March 30, 2020,the Freezer Longline Coalition (FLC) requested that EPA modify the permit to allow for a currently-prohibited seasonal discharge (between June 10 and December 31, the fleet's ``B Season'') within 1 NM of wintering critical habitat (Unit 5) for the spectacled eider. EPA has decided to modify the permit to allow for seasonal discharge (between June 10 and December 31) within 1 NM of wintering critical habitat (Unit 5) for the spectacled eider (Part III.B.7 of the modified general permit). All other conditions of the permit remain unchanged. Between March 1 and March 31, 2021, EPA accepted comments on the proposed modification. Only the conditions subject to modification were reopened for public comment. EPA received a single comment letter from the FLC. The comments were non-significant and supported the proposed modification; therefore, EPA is not required to prepare a Response to Comments document.