Environmental Protection Agency June 14, 2023 – Federal Register Recent Federal Regulation Documents

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 East Yard Communities for Environmental Justice v. EPA, No. 22-cv-0094 (D.D.C.). On January 13, 2022, Plaintiffs East Yard Communities for Environmental Justice, Ironbound Community Corporation, and Sierra Club (collectively Plaintiffs) filed a complaint in the United States District Court for the District of Columbia alleging that the EPA failed to perform its non-discretionary duty under to review and, if appropriate, revise new source performance standards and emissions guidelines for large municipal solid waste incinerators (LMWCs) at five-year intervals. In addition, Plaintiffs filed a separate petition on December 21, 2021, in the United States Court of Appeals for the District of Columbia seeking a writ of mandamus relating to a 2008 order of that court remanding to the EPA performance standards for LMWCs. EPA is providing notice of this proposed consent decree, which would resolve all claims in both cases by establishing deadlines for EPA to issue proposed and final rulemakings to review and, if necessary, revise emissions standards for LMWCs.

In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is hereby given of a proposed consent decree that resolves Center for Food Safety, et al. v. U.S. Environmental Protection Agency, a case in the United States District Court for the Northern District of California (4:22-cv-6001-JST) that alleges EPA unreasonably delayed responding to a petition for rulemaking, submitted to EPA on or around July 10, 2017, relating to the revision of testing requirements of pesticides prior to registration.