[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44888-44890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16112]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2020-0368; FRL-10012-76-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''), notice is given of a proposed consent
decree in Our Children's Earth Foundation v. Wheeler, No. 3:19-cv-07125
(N.D. Cal.). On October 29, 2019, Our Children's Earth Foundation filed
a complaint in the United States District Court for the Northern
District of California, alleging that the Administrator of the United
States Environmental Protection Agency (``EPA'') failed to perform non-
discretionary duties to review the existing New Source Performance
Standards (``NSPS'') governing Secondary Lead Smelters (``Secondary
Lead Smelters NSPS''); Lead-Acid Battery Manufacturing Plants (``Lead-
Acid Battery Manufacturing NSPS''); Industrial Surface Coating: Surface
Coating of Plastic Parts for Business Machines (``Industrial Surface
Coating of Plastic Parts for Business Machines NSPS''); and Automobile
and Light Duty Truck Surface Coating Operations (``Automobile and Light
Duty Truck Surface Coating Operations NSPS''), and to review the
existing National Emission Standards for Hazardous Air Pollutants
(``NESHAP'') governing Dry Cleaning Facilities: National
Perchloroethylene Air Emission Standards (``Dry Cleaning Facilities
NESHAP''); Paint Stripping and Miscellaneous Surface Coating Operations
at Area Sources (``Paint Stripping and Miscellaneous Surface Coating
Operations NESHAP''), and Lead Acid Battery Manufacturing Area Sources
(``Lead Acid Battery Manufacturing NESHAP''). The proposed consent
decree would establish deadlines for EPA to take action on these source
categories.
[[Page 44889]]
DATES: Written comments on the proposed consent decree must be received
by August 24, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2020-0368, 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. Out of an abundance
of caution for members of the public and our staff, the EPA Docket
Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via https://www.regulations.gov, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
FOR FURTHER INFORMATION CONTACT: Stacey Simone Garfinkle, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone: (202) 564-3103; 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-2020-0368) contains a copy of the proposed consent
decree.
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
The proposed consent decree would resolve a lawsuit filed by Our
Children's Earth Foundation seeking to compel the Administrator to take
action under the Clean Air Act to review, and if appropriate revise,
the Secondary Lead Smelters NSPS, Lead-Acid Battery Manufacturing
Plants NSPS, Industrial Surface Coating of Plastic Parts for Business
Machines NSPS, and Automobile and Light Duty Truck Surface Coating
Operations NSPS at least every 8 years under section 111(b)(1)(B) of
the Act, and to review, and revise if necessary (taking into account
developments in practices, processes, and control technologies), the
Dry Cleaning Facilities NESHAP, Paint Stripping and Miscellaneous
Surface Coating Operations NESHAP, and Lead Acid Battery Manufacturing
NESHAP no less often than every 8 years under section 112(d)(6) of the
Act.
Under the terms of the proposed consent decree, EPA shall review,
and revise if necessary, the above source categories by the deadlines
established in the proposed consent decree. Beginning on January 1,
2021, EPA will provide Our Children's Earth Foundation with status
reports every 180 days to inform Plaintiff as to whether the Agency is
making reasonable progress toward meeting the deadlines proposed in the
consent decree, and whether the Agency anticipates any difficulties in
meeting the deadlines with an explanation of the difficulty or
difficulties.
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-2020-
0368, 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.
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.
[[Page 44890]]
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. 2020-16112 Filed 7-23-20; 8:45 am]
BILLING CODE P