OGC 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 (89 FR 3920, Jan. 22, 2024) regarding a proposed consent decree in Center for Community Action and Environmental Justice v. United States Environmental Protection Agency, No. 4:23-cv-03571-YGR (N.D. Cal.). On January 22, 2024, EPA opened docket number EPA-HQ-OGC-2024-0015, available at https://www.regulations.gov/search?filter=EPA-HQ-OGC-2024-0015, 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 February 21, 2024.
On July 19, 2023 and August 29, 2023, Center for Community Action and Environmental Justice and Plaintiffs East Yard Communities for Environmental Justice, People's Collective for Environmental Justice, Sierra Club, and Communities for a Better Environment (collectively, "Plaintiffs"), respectively, filed a complaint in the United States District Court for the Northern District of California alleging that EPA failed to perform its non-discretionary duty to take final action to approve or disapprove, or conditionally approve, in whole or in part, the South Coast Air Quality Management District Rule 2305, Warehouse Indirect Source Rule—Warehouse Actions and Investments to Reduce Emissions Program (SCAQMD Rule 2305), submitted to EPA by the California Air Resources Board on or about August 13, 2021 for inclusion in the California state implementation plan ("SIP"). The two cases are now consolidated. The proposed consent decree would establish a deadline for the EPA Administrator to sign a notice of final rulemaking for this action.
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-2024-0015 by February 21, 2024, 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-2024-0015-0002
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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US EPA, Office of General Counsel 1200 Pennsylvania Ave NW, Washington, DC 20460 United States
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