US EPA Notice of New Proposed Settlement Agreement

US EPA Notice of New Proposed Settlement Agreement

The U.S. Environmental Protection Agency (EPA) has recently published a notice in the Federal Register (86 Fed. Reg. 87; January 4, 2021) regarding a proposed Settlement Agreement related to Wyoming v. EPA, No. 14-9529 (10th Cir. filed Mar. 28, 2014) and PacifiCorp v. EPA, No. 14-9534 (10th Cir. filed Mar. 31, 2014).  On January 4, 2021, EPA opened docket number EPA-HQ-OGC-2020-0717, available at https://www.regulations.gov/document?D=EPA-HQ-OGC-2020-0717-0001 to receive public comments on this proposal.  The Federal Register notice and the text of the proposed settlement agreement are available in the docket.  The comment period is open until February 3, 2021.

The proposed Settlement Agreement would resolve petitions for review filed by the State of Wyoming (“Wyoming”) and PacifiCorp challenging EPA’s partial disapproval of Wyoming’s Regional Haze State Implementation Plan (SIP) and EPA’s promulgation of a Federal Implementation Plan (FIP) to address the disapproved elements of Wyoming’s SIP.  Specifically, the proposed Settlement Agreement would resolve Wyoming’s and PacifiCorp’s challenges as they pertain to nitrogen oxide (NOx) best available retrofit technology (BART) for PacifiCorp’s Wyodak electric generating unit (EGU).

The proposed Settlement Agreement establishes deadlines by which Wyoming and EPA will take certain specified actions with respect to development of and action on a SIP revision addressing NOx BART requirements for Wyodak.  The proposed Settlement Agreement further provides that, if certain conditions are met, Wyoming, PacifiCorp, and EPA agree to move for dismissal of Wyoming’s and PacifiCorp’s challenges to the Final Rule. Additional information can be found in the docket and associated Federal Register notice referenced above.

EPA encourages your participation in the public comment process on the proposed settlement agreement mentioned above.  Please submit any comments to EPA docket number EPA-HQ-OGC-2020-0717 by February 3, 2021, pursuant to the process outlined in the Federal Register notice.  We welcome all comments that you may have, including comments indicating concurrence.  Any comments received by EPA via email or other means outside of the regulations.gov platform will be directed to the docket where they will be available for public viewing.  You are under no obligation to submit comments, and this notice does not require you to take any action.

A copy of the proposed settlement agreement can be found here: https://www.regulations.gov/document?D=EPA-HQ-OGC-2020-0717-0002.

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To view all complaints, petitions for review, and notices of intent to sue filed with the EPA, as well as proposed consent decrees and draft settlement agreements, please visit: https://www.epa.gov/ogc

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Disclaimer: Posting does not mean that the notice was properly filed and/or served upon EPA or the United States, and EPA does not waive any defenses related to improper filing or service as it relates to the notices posted.