OGC Notice of New Proposed Consent Decree

US EPA Notice of New Proposed Consent Decree, Office of General Counsel
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 23998, Apr. 5, 2024) regarding a proposed consent decree in Sierra Club v. Michael S. Regan, No. 1:23-cv-00424-RCL (D.D.C.). On April 5, 2024, EPA opened docket number EPA-HQ-OGC-2024-0166, available at https://www.regulations.gov/docket/EPA-HQ-OGC-2024-0166 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 May 6, 2024.

The proposed consent decree would resolve a complaint filed by Sierra Club alleging EPA's failure to issue final Federal plans implementing emissions guidelines for commercial and industrial solid waste incinerators ("CISWI"), and other solid waste incinerators ("OSWI") in states which had not submitted approvable state plans constituted agency action unreasonably delayed.

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-2024-0166 by May 6, 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-2024-0166-0002.

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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