US EPA Notice of New Proposed Consent Decree

US EPA Notice of New Proposed Consent Decree

The U.S. Environmental Protection Agency (EPA) has recently published a notice in the Federal Register (86 FR 40825 (July 29, 2021)) regarding a proposed consent decree related to New York et al. v. Regan, et al. (No. 1:21-CV-00252, S.D.N.Y.).  On July 29, 2021, EPA opened docket number EPA-HQ-OGC-2021-0444, available at https://www.regulations.gov/docket/EPA-HQ-OGC-2021-0444 to receive public comments on this proposal.  The Federal Register notice and the text of the proposed consent decree are available in the docket.  The comment period is open until August 30, 2021.

Under the terms of the proposed consent decree, no later than April 30, 2022, EPA shall sign a final rule to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, the 2015 ozone NAAQS good neighbor SIP submissions from Indiana, Kentucky, Michigan, Ohio, Texas, and West Virginia. However, under the proposed consent decree, if, by February 28, 2022, EPA signs a proposal of full or partial disapproval of any of the six good neighbor SIP submissions and signs a proposal for a federal implementation plan to implement any such fully or partially disapproved SIP submission, EPA shall have until December 15, 2022, to sign a final action to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, each such good neighbor SIP submission.

EPA encourages your participation in the public comment process on the proposed consent decree mentioned above.  Please submit any comments to EPA docket number EPA-HQ-OGC-2021-0444 by August 30, 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 consent decree can be found here: https://www.regulations.gov/document/EPA-HQ-OGC-2021-0444-0003.

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

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