Proposed Consent Decrees and Draft Settlement Agreements

EPA is committed to the fair and efficient resolution of environmental claims, and transparency for the American people. As part of that commitment, the Agency makes certain proposed settlements available for public review and comment after they have been approved by government decision-makers, for at least thirty days unless a different period of time is required by law.

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Ecological Rights Foundation v. EPA, et.al., Docket No. 3:24-cv-03665 (N.D. Cal.)

In accordance with the EPA Administrator's March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is hereby given of a proposed consent decree in Ecological Rights Foundation v. EPA, et.al., Docket No. 3:24-cv-03665 (N.D. Cal.). Environmental Advocates, on behalf of the Ecological Rights Foundation, filed a complaint on June 18, 2024 and an amended complaint on September 18, 2024, in the United States District Court for the Northern District of California alleging the EPA failed to perform a non-discretionary duty under the Clean Water Act to either approve or disapprove revised water quality standards in California's amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary within the statutory timeframes. The EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0531;. Public comments on the proposed consent decree may be submitted to that online docket until December 26, 2024.

In re Center for Biological Diversity, No. 21-1270 (D.C. Circuit) and Center for Biological Diversity v. Environmental Protection Agency, No. 23-1329 (D.C. Circuit)

Consistent with Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency (March 18, 2022), EPA is giving notice of and seeking comment on a proposed settlement agreement for In re Center for Biological Diversity, No. 21-1270 (D.C. Circuit) and Center for Biological Diversity v. Environmental Protection Agency, No. 23-1329 (D.C. Circuit). Defendant-Intervenors—who represent the registrants for products contain cyantraniliprole—do not oppose this proposed settlement agreement. This proposed settlement agreement follows petitions for review in the United States Court of Appeals for the District of Columbia (D.C. Circuit) of EPA’s decisions granting pesticide registrations and amendments to those registrations under the Federal Insecticide, Rodenticide, and Fungicide Act (FIFRA) for products containing the active ingredient cyantraniliprole.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0251;. Public comments on the proposed consent decree may be submitted to that online docket until January 2, 2025.

Center for Biological Diversity and Sierra Club v. Regan, No. 4:24-cv-01900-HSG (N.D. Cal.)

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 Center for Biological Diversity and Sierra Club v. Regan, No. 4:24-cv-01900-HSG (N.D. Cal.). The proposed consent decree would resolve an amended complaint filed by Center for Biological Diversity and Sierra Club alleging that the U.S. Environmental Protection Agency (“EPA”), failed to perform certain non-discretionary duties in accordance with the Act to determine that certain nonattainment areas under the 2010 primary National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO 2 ) had failed to submit required state implementation plans (SIPs); to promulgate federal implementation plans (FIPs) for certain SO 2 nonattainment areas; and to determine whether certain nonattainment areas had timely attained the NAAQS. The proposed consent decree would establish deadlines for EPA to take actions.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0490;. Public comments on the proposed consent decree may be submitted to that online docket until December 2, 2024.

Alianza Nacional de Campesinas, et al. v. U.S. Environmental Protection Agency, et al., No. 4:22- cv-9030 (ND Cal)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed partial settlement agreement and proposed partial consent decree in Alianza Nacional de Campesinas, et al. v. U.S. Environmental Protection Agency, et al., No. 4:22- cv-9030 (ND Cal.). The proposed partial settlement agreement and proposed partial consent decree would address a complaint filed by Alianza Nacional de Campesinas, et al. that alleges that Environmental Protection Agency (EPA) violated the Federal Food, Drug, and Cosmetic Act (“FFDCA”), with respect to actions or omissions concerning EPA’s implementation of the Endocrine Disruptor Screening Program (“EDSP”), including the testing of pesticide chemicals for estrogen, androgen, and thyroid effects, and that such alleged violation is actionable under the Administrative Procedure Act. EPA is providing notice of the proposed partial settlement agreement and proposed partial consent decree, which would resolve all claims in both cases by establishing commitments and/or deadlines for EPA to take specified actions.

The public is invited to comment on the proposed partial settlement agreement and proposed partial consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed partial settlement agreement and proposed partial consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0391;. Public comments on the proposed partial settlement agreement and proposed partial consent decree may be submitted to that online docket until November 12, 2024.

Louisiana Environmental Action Network (LEAN), et al. v. Regan, No. 1:23-cv-2714-DLF (D. D.C)

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 Louisiana Environmental Action Network (LEAN), et al. v. Regan, No. 1:23-cv-2714-DLF (D. D.C). The proposed consent decree would resolve an amended complaint filed by Louisiana Environmental Action Network, People Concerned About Chemical Safety, and Sierra Club alleging that the U.S. Environmental Protection Agency (“EPA”), failed to perform certain non-discretionary duties in accordance with the Act to “review, and revise as necessary” the National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for the Polyether Polyols Production source category, at least every eight years and failed to timely issue a new final rule or other final action on the 2014 petition for reconsideration (the Reconsideration Petition) submitted by Louisiana Environmental Action Network and Sierra Club for the NESHAP as promulgated in 2014. The proposed consent decree would establish deadlines for EPA to take actions.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0394;. Public comments on the proposed consent decree may be submitted to that online docket until October 10, 2024.

Center for Biological Diversity v. U.S. Environmental Protection Agency, et al., No. 1:22-cv-486-BAH (D.D.C.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed consent decree in Center for Biological Diversity v. U.S. Environmental Protection Agency, et al., No. 1:22-cv-486-BAH (D.D.C.). The proposed settlement agreement would resolve the remaining claims in a suit filed by the Center for Biological Diversity. On February 24, 2022, the Center for Biological Diversity filed a complaint against the EPA alleging that the Agency had violated the Administrative Procedure Act and Section 7 of the Endangered Species Act in connection with EPA’s 1993, 1998, and 2007 approvals under the Clean Water Act of Washington State’s water quality criteria for cyanide. EPA seeks public input on the proposed settlement agreement prior to its final decision-making to settle the litigation.

The public is invited to comment on the proposed settlement agreement through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0390. Public comments on the proposed settlement agreement may be submitted to that online docket until September 16, 2024.

Center for Biological Diversity, et al. v. Regan, No. 3:23-cv-04979-RFL (N.D. Cal.)

In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree to address a lawsuit filed by Center for Biological Diversity, Sierra Club, and Center for Environmental Health (collectively, Plaintiffs) in the United States District Court for the Northern District of California: Center for Biological Diversity, et al. v. Michael S. Regan, in his official capacity the Administrator of the United States Environmental Protection Agency, No. 3:23-cv-04979-RFL (N.D. Cal.). Plaintiffs filed a complaint alleging that the Environmental Protection Agency (EPA) failed to perform a non-discretionary duty under the Act to complete a review of the air quality criteria and the primary National Ambient Air Quality Standards (NAAQS) for oxides of nitrogen.

EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing deadlines for EPA to take certain actions in its review of the air quality criteria and NAAQS for oxides of nitrogen, as specified in the decree.

The public is invited to comment on the proposed settlement agreement’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2024-0319. Public comments on the proposed settlement agreement may be submitted to that online docket through September 9, 2024.

State of New York v. Regan, No. 1:23-cv-2767 (D.D.C.)

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 in the matter of State of New York v. Regan, No. 1:23-cv-2767 (D.D.C.). The proposed Consent Decree would resolve a complaint filed by the states of New York, Alaska, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Vermont, and Washington, as well as the Puget Sound Clean Air Agency, alleging that the U.S. Environmental Protection Agency (EPA) failed to perform certain non-discretionary duties pursuant to CAA section 111(b)(1)(B) to, at least every 8 years, review and, if appropriate, revise New Source Performance Standards or to promulgate a determination that such review “is not appropriate in light of readily available information on the efficacy of such standard[s]” for New Residential Wood Heaters, 40 C.F.R. Part 60, Subpart AAA, and New Residential Hydronic Heaters and Forced-Air Furnaces, 40 C.F.R. Part 60, Subpart QQQQ. The proposed Consent Decree will resolve the complaint by establishing deadlines for the EPA Administrator to either sign proposed and final rulemakings as to these two NSPS subparts, or sign a final determination not to review, in accordance with CAA section 111(b)(1)(B.

The public is invited to comment on the proposed Consent Decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0300;. Public comments on the proposed Consent Decree may be submitted to that online docket until August 26, 2024.

Cmty. In-Power & Dev. Ass’n Inc., et al. v. EPA, No. 1:23-cv-2715 (D.D.C.) and American Chemistry Council v. EPA, No. 1:23-cv-3726 (D.D.C.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of proposed consent decrees in Cmty. In-Power & Dev. Ass’n Inc., et al. v. EPA, No. 1:23-cv-2715 (D.D.C.) and American Chemistry Council v. EPA, No. 1:23-cv-3726 (D.D.C.) (consolidated). Both cases were filed pursuant to section 20(a)(2) of TSCA, alleging that EPA failed to perform non-discretionary duties under 15 U.S.C. § 2605(b)(4)(G), to timely complete risk evaluations for twenty-two chemical substances. EPA is providing notice of the proposed consent decrees, which would resolve all claims in both cases by establishing deadlines for EPA to take action on the subject risk evaluations.

The public is invited to comment on the proposed consent decrees through regulations.gov. Copies of the proposed consent decrees and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0192; . Public comments on the proposed consent decrees may be submitted to that online docket until May 28, 2024.

Nevada Cement Co. LLC v. EPA et al., No. 23-682 (9th Cir. filed Apr. 14, 2023), and Nevada Cement Co. LLC v. EPA et al., No. 23-1098 (9th Cir. filed June 5, 2023)

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed Settlement Agreement in the matter of Nevada Cement Co. LLC v. EPA et al., No. 23-682 (9th Cir. filed Apr. 14, 2023), and Nevada Cement Co. LLC v. EPA et al., No. 23-1098 (9th Cir. filed June 5, 2023). The proposed Settlement Agreement would resolve petitions filed by Nevada Cement Company (“NCC”) challenging the EPA’s disapproval of Nevada’s good neighbor state implementation plan (“SIP”) and the EPA’s subsequent promulgation of the “Federal `Good Neighbor Plan' for the 2015 Ozone National Ambient Air Quality Standards,” 88 FR 36,654 (June 5, 2023) (“Good Neighbor Plan”).

The proposed Settlement Agreement would resolve the petitions by establishing a process for NCC to apply to EPA for a Case-by-Case Emissions Limit Request (“CBCELR”), consistent with procedures outlined in 40 CFR 52.40(e)(2), which, if approved, would bring its Fernley, Nevada, facility into compliance with the Good Neighbor Plan. Meantime, EPA and NCC would file a joint motion with the court in Case No. 23-682 to lift the court’s stay of the State Implementation Plan (“SIP”) Disapproval as to the State of Nevada. See the proposed Settlement Agreement for specific details.

The public is invited to comment on the proposed Settlement Agreement’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Settlement Agreement and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0204; . Public comments on the proposed Settlement Agreement may be submitted to that online docket until May 31, 2024.

United States Steel Corp. v. EPA, Case Nos. 13-3595, 16-2668, and 18-1249 (8th Cir.)

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed settlement agreement to resolve petitions for review filed by United States Steel Corporation (“U.S. Steel”) in the matters of United States Steel Corp. v. EPA, Case Nos. 13-3595, 16-2668, and 18-1249 (8th Cir.), with respect to U.S. Steel’s Keetac taconite facility, involving several actions taken by EPA with regard to nitrogen oxide (NOx) emission limits for Keetac.

U.S. Steel filed petitions in the United States Court of Appeals for the Eighth Circuit challenging EPA’s 2013 Regional Haze State Implementation Plan (SIP) partial disapprovals for Michigan and Minnesota; 2013 Regional Haze Federal Implementation Plan (FIP) for Minnesota and Michigan; 2016 revised Regional Haze FIP for Michigan and Minnesota; and EPA’s denial of U.S. Steel’s petitions for reconsideration of the 2013 SIP partial disapprovals, 2013 FIP, and 2016 revised FIP. Under the proposed settlement agreement, the parties agree to take certain specified actions. The proposed settlement agreement would resolve U.S. Steel’s remaining challenges to these actions. (A previously finalized settlement agreement resolved U.S. Steel’s challenges concerning its Minntac taconite facility (see 84 FR 47945, Sept. 11, 2019).

The public is invited to comment on the proposed settlement agreement’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2024-0180. Public comments on the proposed settlement agreement may be submitted to that online docket through May 23, 2024.

Cleveland-Cliffs, Inc. v. Environmental Protection Agency, Case No. 16-2643 (8th Cir.) (and consolidated cases)

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed settlement agreement to resolve petitions for review filed by Cleveland-Cliffs, Inc. (Cliffs) and Cleveland-Cliffs Steel, LLC (Cliffs Steel) in the matter of Cleveland-Cliffs, Inc. v. Environmental Protection Agency, Case No. 16-2643 (8th Cir.) (and consolidated cases). Petitioners challenged final rules promulgated by EPA under the CAA related to regional haze best available retrofit technology determinations for taconite facilities in Michigan and Minnesota.

The proposed settlement agreement would establish deadlines for EPA to take certain, specified actions. The proposed settlement agreement, if finalized, would resolve all of Cliffs’ and Cliffs Steel’s challenges to EPA’s 2013 Regional Haze State Implementation Plan (SIP) partial disapproval and 2016 revised regional haze federal implementation plan (FIP) for Michigan and Minnesota.

The public is invited to comment on the proposed settlement agreement’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2024-0179. Public comments on the proposed settlement agreement may be submitted to that online docket through May 23, 2024.

Sierra Club, et al. v. United States Environmental Protection Agency, et al., No. 1:23-cv-01744-JDB (D. D.C.)

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 Sierra Club, et al. v. United States Environmental Protection Agency, et al., No. 1:23-cv-01744-JDB (D. D.C.). The proposed consent decree would resolve a complaint filed by Sierra Club, National Parks Conservation Association, and the Environmental Integrity Project alleging that the U.S. Environmental Protection Agency (“EPA”), failed to take final action on the second planning period regional haze state implementation plan (“SIP”) revisions submitted by the following 34 states: Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Kansas, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin, and Wyoming. There are three intervenors in this action. PacifiCorp is acting as an intervenor-plaintiff and the State of North Dakota and the State of Nevada are acting as intervenor-defendants. The proposed consent decree would establish deadlines for the EPA to sign a notice of proposed rulemaking for certain SIPs included in this action and a notice of final rulemaking for each of the SIPs included in this action.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0149; . Public comments on the proposed consent decree may be submitted to that online docket until April 29, 2024.

Sierra Club, et al. v. EPA, et al., No. 3:24-cv-00130 (S.D.W. Va.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed interim consent decree and proposed interim settlement agreement in Sierra Club, et al. v. EPA, et al., No. 3:24-cv-00130 (S.D.W. Va.). On March 18, 2024, the Sierra Club, the West Virginia Highlands Conservancy, Inc., and the West Virginia Rivers Coalition, Inc. filed a complaint in the United States District Court for the Southern District of West Virginia against EPA alleging that the Agency failed to perform a mandatory duty under the Clean Water Act (CWA) to establish Total Maximum Daily Loads (TMDLs) for certain waters located in the Lower Guyandotte River Watershed in West Virginia that are impaired due to ionic toxicity. The EPA provided notice of a proposed consent decree in this case on March 29, 2024 at 89 FR 22140. The EPA is reopening the public comment period for this proposed consent decree. The public comment period will now close on May 31, 2024.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under Docket ID No. EPA-HQ-OGC-2024-0145; . Public comments on the proposed consent decree may be submitted to that online docket by May 31, 2024.

Our Children’s Earth Foundation v. Michael S. Regan, No. 1:23-cv-2848 (D.D.C.)

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 in the matter of Our Children’s Earth Foundation v. Michael S. Regan, No. 1:23-cv-2848 (D.D.C.). The proposed Consent Decree would resolve a complaint filed by Our Children’s Earth Foundation challenging the Administrator’s alleged failure to perform certain non-discretionary duties under the Clean Air Act, 42 U.S.C. § 7410(k). Specifically, the plaintiff alleges failure to take final action on numerous SIP revisions from the States of Alabama, Florida, Georgia, Louisiana, South Carolina, and Texas.

The proposed Consent Decree will resolve the complaint by setting deadlines of June 30, 2025, September 30, 2025, and December 15, 2026, listed for each revision at issue, by which the EPA must act on Plaintiff’s petition with regard to the States of Louisiana, South Carolina, and Texas. Plaintiff also identified submissions from Alabama, Florida, Georgia, and certain submissions from Texas that were acted on by EPA, withdrawn by the State, or covered in another suit; these submissions are no longer at issue and considered moot under this proposed consent decree. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed Consent Decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0182;. Public comments on the proposed Consent Decree may be submitted to that online docket until May 23, 2024.

Sierra Club v. Michael S. Regan, No. 1:23-cv-00424-RCL (D.D.C.)

In accordance with the Clean Air Act, as amended (“CAA” or “the Act”), the Environmental Protection Agency (“EPA” or “the Agency”) is providing notice of a proposed consent decree in Sierra Club v. Michael S. Regan, No. 1:23-cv-00424-RCL (D.D.C.). On February 15, 2023, Plaintiff Sierra Club filed a complaint in the United States District Court for the District of Columbia alleging that 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.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0166;. Public comments on the proposed consent decree may be submitted to that online docket until May 6, 2024.

Sierra Club, et al. v. EPA, et al., No. 3:24-cv-00130 (S.D.W. Va.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed consent decree in Sierra Club, et al. v. EPA, et al., No. 3:24-cv-00130 (S.D.W. Va.). On March 18, 2024, the Sierra Club, the West Virginia Highlands Conservancy, Inc., and the West Virginia Rivers Coalition, Inc. (collectively, “Plaintiffs”) filed a complaint in the United States District Court for the Southern District of West Virginia against EPA alleging that the Agency failed to perform a mandatory duty under the Clean Water Act (CWA) to establish Total Maximum Daily Loads (TMDLs) for certain waters located in the Lower Guyandotte River Watershed in West Virginia that are impaired due to ionic toxicity. This complaint followed Plaintiffs’ submission to EPA of a Notice of Intent to Sue on March 21, 2023. EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0145;. Public comments on the proposed consent decree may be submitted to that online docket until April 29, 2024.

Ecology Center, et al. v. U.S. EPA, No. 23-70158 (9th Cir.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed settlement in Ecology Center, et al. v. U.S. EPA, No. 23-70158 (9th Cir.). On August 22, 2023, Petitioners filed a petition for writ of mandamus requesting that the Ninth Circuit direct the EPA to “conclude a rulemaking under [TSCA] regulating lead wheel weights within six months.” The mandamus petition alleges that EPA’s 14-year delay violated the APA’s requirement that a Federal agency “conclude a matter presented to it . . . within a reasonable time,” and that the court has the authority to “compel agency action unlawfully withheld or unreasonably delayed.” EPA is providing notice of this proposed settlement agreement, which would resolve all claims in the case and establish deadlines for EPA to take final action.

The public is invited to comment on the proposed settlement through regulations.gov. All comments submitted are available to the public. A copy of the proposed settlement and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0112;. Public comments on the proposed consent decree may be submitted to that online docket until April 12, 2024.

Our Children’s Earth Foundation v. Michael S. Regan

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 in the matter of Our Children’s Earth Foundation v. Michael S. Regan, No. 3:23-cv-04955-WHA (N.D. Cal.). The proposed Consent Decree would resolve a complaint filed by Our Children’s Earth Foundation challenging the Administrator’s alleged failure to perform certain non-discretionary duties under the Clean Air Act, 42 U.S.C. § 7410(k). Specifically, the plaintiff alleges failure to take final action on numerous SIP revisions from the States of Arizona, Colorado, and Utah.

The proposed Consent Decree will resolve the complaint by setting deadlines of December 15, 2024, and December 15, 2025, listed for each revision at issue, by which the EPA must act on Plaintiff’s petition. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed Consent Decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0098;. Public comments on the proposed Consent Decree may be submitted to that online docket until April 4, 2024.

Center for Community Action and Environmental Justice v. United States Environmental Protection Agency, No. 4:23-cv-03571-YGR (N.D. Cal.)

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 Center for Community Action and Environmental Justice v. United States Environmental Protection Agency, No. 4:23-cv-03571-YGR (N.D. Cal.). The proposed consent decree would resolve complaints filed by Center for Community Action and Environmental Justice and East Yard Communities for Environmental Justice, People’s Collective for Environmental Justice, Sierra Club, and Communities for a Better Environment 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 proposed consent decree would establish a deadline for the EPA Administrator to sign a notice of final rulemaking for this action.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0015. Public comments on the proposed consent decree may be submitted to that online docket until February 21, 2024.

South Coast Air Quality Management District, et al. v. EPA, No. 2:23-cv-02646-JLS-PD (C.D. Cal.) and consolidated case No. 2:23-cv-03545-JLS-PD

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 South Coast Air Quality Management District, et al. v. EPA, No. 2:23-cv-02646-JLS-PD (C.D. Cal.) and consolidated case (No. 2:23-cv-03545-JLS-PD).

The proposed consent decree would resolve a complaint filed by South Coast Air Quality Management District, East Yard Communities for Environmental Justice, People’s Collective for Environmental Justice, and Sierra Club alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act to take final action on a state implementation plan (SIP) revision submitted by the State of California. EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing a deadline for EPA to take final action as specified in the decree.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2024-0012. Public comments on the proposed consent decree may be submitted to that online docket until February 20, 2024.

California Communities Against Toxics v. Regan, No. 1:22-cv-1457 (D.D.C.)

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 in the matter of California Communities Against Toxics v. Regan, No. 1:22-cv-1457 (D.D.C.). The proposed Consent Decree would resolve a complaint filed by California Communities Against Toxics, Clean Air Council, Clean Power Lake County, Delaware Concerned Residents for Environmental Justice, Greater-Birmingham Alliance to Stop Pollution, Kentucky Resources Council, New Castle Prevention Coalition, United Congregations of Metro-East, and Sierra Club alleging that EPA failed to perform its non-discretionary duty to “review, and revise as necessary” the National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Chemical Manufacturing Area Sources (“CMAS”), at least every 8 years. The proposed consent decree would establish deadlines for the EPA Administrator (“Administrator”) to sign a notice of proposed rulemaking and a final rule for this action.

The public is invited to comment on the proposed Consent Decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0511. Public comments on the proposed Consent Decree may be submitted to that online docket until November 20, 2023.

California Communities Against Toxics, et al. v. Regan, No. 1:22-cv-3005-RC (D.D.C.)

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 California Communities Against Toxics, et al. v. Regan, No. 1:22-cv-3005-RC (D.D.C.). The proposed consent decree would resolve a complaint filed by California Communities Against Toxics, Missouri Coalition for the Environment Foundation, Natural Resources Defense Council, and Sierra Club alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act to “review, and revise as necessary. . . no less often than every 8 years” the National Emission Standards for Hazardous Air Pollutants (NESHAP) From Secondary Lead Smelting because more than 8 years have passed since EPA completed the prior review of the NESHAP From Secondary Lead Smelting. Plaintiffs alleged that EPA failed to perform its obligations to reconsider the 2012 Rule and that this failure constitutes “agency action unreasonable delayed” under the CAA. The proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking containing all necessary revisions to Subpart X and a notice of final rulemaking to address reconsideration of the “ample margin of safety” analysis in the 2012 Rule.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0486. Public comments on the proposed consent decree may be submitted to that online docket until November 3, 2023.

Center for Biological Diversity v. United States Environmental Protection Agency, et al., No. 2:23-cv-01843 (E.D. Pa.)

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 in the matter of Center for Biological Diversity v. United States Environmental Protection Agency, et al., No. 2:23-cv-01843 (E.D. Pa.). The proposed Consent Decree would resolve a complaint filed by Center for Biological Diversity regarding the EPA’s reconsideration of a final rule titled “Air Plan Approval; Pennsylvania; Reasonably Available Control Technology (RACT) for Volatile Organic Compounds (VOC) Under the 2008 Ozone National Ambient Air Quality Standards (NAAQS),” published at 85 Fed. Reg. 80,616 (Dec. 14, 2020).

The proposed Consent Decree would resolve the complaint by setting a deadline of November 15, 2024, by which the EPA must complete its reconsideration. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed Consent Decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0500. Public comments on the proposed Consent Decree may be submitted to that online docket until November 20, 2023.

Arizona Mining Reform Coalition et al. v. Guzman et al., No. 2:23-cv-02038-SRB (D. Ariz. 2023)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is hereby given of a proposed consent decree that would resolve Mining Reform Coalition et al. v. Guzman et al., No. 2:23-cv-02038-SRB (D. Ariz. 2023). On September 27, 2023, the Arizona Mining Reform Coalition, the Center for Biological Diversity, Earthworks, the Concerned Citizens and Retired Miners Coalition, and the Grand Canyon Chapter of the Sierra Club filed a complaint against EPA in the United States District Court for the District of Arizona alleging that the Agency failed to perform a mandatory duty under the Clean Water Act (CWA) to establish Total Maximum Daily Loads (TMDLs) for copper and lead impairments for Queen Creek, Arizona. This complaint followed submission of a Notice of Intent to Sue on August 9, 2022. EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0510. Public comments on the proposed consent decree may be submitted to that online docket until November 20, 2023.

Center for Biological Diversity, et al., v. Regan, et al., No. 3:23-cv-535 (N.D. Cal.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed consent decree in Center for Biological Diversity, et al., v. Regan, et al., No. 3:23-cv-535 (N.D. Cal.). The proposed consent decree would resolve the claims in a suit filed by the Center for Biological Diversity, the Friends of the Earth, and Marcelin Keever, an individual. On September 13, 2022, Plaintiffs sent EPA a notice of intent to sue (NOI) alleging that EPA had failed to satisfy its mandatory duty under the Vessel Incidental Discharge Act of 2018 to promulgate Federal standards of performance for certain type of vessel discharge. The Plaintiffs filed a complaint on February 6, 2023, seeking a declaratory judgment that EPA violated the statutory deadline and ordering the Agency to promulgate expeditiously. EPA seeks public input on a proposed consent decree prior to its final decision-making to settle the litigation.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under < a href="https://www.regulations.gov/docket/EPA-HQ-OGC-2023-0453">docket no. EPA-HQ-OGC-2023-0453. Public comments on the proposed consent decree may be submitted to that online docket until October 10, 2023.

Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed interim consent decree and proposed interim settlement agreement in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.). On September 26, 2019, Plaintiff Northwest Environmental Advocates filed a complaint alleging that EPA failed to perform duties mandated by the Clean Water Act regarding Washington’s obligation to develop Total Maximum Daily Loads to address waters identified on the state’s impaired waters list and that EPA’s inaction was arbitrary and capricious under the Administrative Procedure Act, among other claims. EPA seeks public input on a proposed interim consent decree and proposed interim settlement agreement prior to its final decision-making regarding entering into the proposed documents.

The public is invited to comment on the proposed interim consent decree and proposed interim settlement agreement through regulations.gov. All comments submitted are available to the public. A copy of the proposed interim consent decree, proposed interim settlement agreement, and the Federal Register notice with further details can be found under Docket ID No. EPA-HQ-OGC-2023-0452. Public comments on the proposed interim consent decree and proposed interim settlement agreement may be submitted to that online docket until October 10, 2023.

Gunpowder Riverkeeper v. Regan, et al., No. 1:20-cv-02063 (D.D.C.).

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is hereby given of a proposed settlement agreement that would resolve Gunpowder Riverkeeper v. Regan, et al., No. 1:20-cv-02063 (D.D.C.). On July 29, 2020, Gunpowder Riverkeeper filed a complaint in the United States District Court for the District of Columbia alleging that EPA’s approval of Maryland’s submission of Total Maximum Daily Loads of Polychlorinated Biphenyls (PCB TMDLs) for the Gunpowder and Bird Rivers was arbitrary and capricious in violation of the Administrative Procedure Act (APA). EPA seeks public input on a proposed settlement agreement prior to its final decision-making with regard to potential settlement of the litigation.

The public is invited to comment on the proposed settlement agreement through regulations.gov. All comments submitted are available to the public. A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0367. Public comments on the proposed consent decree may be submitted to that online docket until August 17, 2023.

Sierra Club v. U.S. EPA, et al., No. 3:23-cv-00780–TLT (N.D. Cal.)

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 Sierra Club v. U.S. EPA, et al., No. 3:23-cv-00780–TLT (N.D. Cal.). The proposed consent decree would resolve a complaint filed by Plaintiff Sierra Club alleging that EPA failed to perform its nondiscretionary duties in accordance with the Act to promulgate a federal implementation plan (FIP) within two years of finding that Texas failed to submit a state implementation plan (SIP) for the Rusk/Panola 2010 SO 2 National Ambient Air Quality Standard (SO 2 NAAQS) nonattainment area. EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing a deadline for EPA to take final action as specified in the decree.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0349. Public comments on the proposed consent decree may be submitted to that online docket until August 16, 2023.

Center for Biological Diversity, et. al., v. United States Environmental Protection Agency, et al., No. 3:11 cv 0293 (N.D.Cal.)

In accordance with the EPA Administrator’s March 18, 2022 Memorandum, Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is hereby given of a proposed stipulated settlement agreement in the United States District Court for the Northern District of California in the case of Center for Biological Diversity, et. al., v. United States Environmental Protection Agency, et al., No. 3:11 cv 0293 (N.D .Cal.). Plaintiffs alleged that EPA failed to comply with certain duties under the Endangered Species Act (ESA) Section 7(a)(2). Defendant-Intervenors join this proposed stipulated settlement agreement.

The parties in this case are proposing to reach a settlement in the form of a Stipulated Settlement Agreement. This case began on January 20, 2011, when Plaintiffs filed a complaint in the United States District Court in the Northern District of California asserting a claim against EPA for allegedly violating Section 7(a)(2) of the ESA by failing to initiate and reinitiate consultation with the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”). After motions practice and an appeal to the Ninth Circuit Court of Appeals, the plaintiffs filed their fourth amended complaint on June 29, 2018 for failure to initiate consultation under ESA Section 7(a)(2) for certain pesticide products containing 35 pesticide active ingredients. In October 2019, the parties entered a partial settlement agreement, in which EPA committed to a schedule to complete effects determinations for eight active ingredients and request initiation of any necessary ESA Section 7(a)(2) consultations with NMFS and/or FWS. This proposed agreement incorporates all still outstanding obligations from the prior partial settlement agreement and resolves the remaining claims. Among other provisions, the proposed agreement sets a deadline of no later than September 30, 2027 for EPA to complete final Biological Evaluations on the potential effects of the following eight active ingredients on ESA-listed species and designated critical habitat: acephate, bensulide, dimethoate, ethoprop, naled, phorate, phosmet, and tribufos; and to request initiation of any necessary ESA Section 7(a)(2) consultations. The proposed agreement also sets deadlines for EPA to issue certain ESA “strategies” that were contemplated in its work plan issued on April 12, 2022, entitled Balancing Wildlife Protection and Responsible Pesticide Use: How EPA’s Pesticide Program Will Meet its Endangered Species Act Obligations at EPA ESA Workplan. These strategies aim to identify mitigations to address potential impacts of pesticides to ESA-listed species.

The proposed agreement also includes a commitment by the agricultural industry Defendant-Intervenors to organize and fund a workshop for interested stakeholders to explore how offsets may be used to address the effects of pesticide registrations on ESA-listed species and how such offsets could be incorporated into the pesticide registration process.

A copy of the stipulated settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2019- 0478.

California Communities Against Toxics, et al. v. Regan, No. 1:22-cv-03724 (D.D.C.)

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 California Communities Against Toxics, et al. v. Regan, No. 1:22-cv-03724 (D.D.C.). The proposed consent decree would resolve a complaint filed by Plaintiffs California Communities Against Toxics, Clean Power Lake County, Rio Grande International Study Center, Sierra Club, and Union of Concerned Scientists alleging that EPA failed to perform its nondiscretionary duty to “review, and revise as necessary” the National Emission Standards for Hazardous Air Pollutants: Ethylene oxide Emissions Standards for Sterilization Facilities, at least every 8 years. The proposed consent decree would establish a deadline for EPA to sign a final rule for this action.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0284. Public comments on the proposed consent decree may be submitted to that online docket until June 30, 2023.

Center for Food Safety, et al. v. EPA, No. 4:22–cv–6001–JST (N.D. CA)

In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, EPA is taking comment on a proposed consent decree in Center for Food Safety, et al. v. EPA, No. 4:22–cv–6001–JST (N.D. CA). The proposed consent decree would resolve a complaint filed by Center for Food Safety and other organizations alleging that EPA failed to respond to a petition for rulemaking, submitted to EPA on or around July 10, 2017, relating to the revision of testing requirements of pesticides prior to registration, and challenging the Agency for unreasonable delay. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0306. Public comments on the proposed consent decree may be submitted to that online docket until July 14, 2023.

East Yard Communities for Environmental Justice v. EPA, No. 22–cv–0094 (D.D.C.)

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 East Yard Communities for Environmental Justice v. EPA, No. 22–cv–0094 (D.D.C.). The proposed consent decree would resolve a complaint filed by Plaintiffs East Yard Communities for Environmental Justice, Ironbound Community Corporation, and Sierra Club alleging that EPA failed to perform its nondiscretionary duty to review and, if appropriate, revise new source performance standards and emissions guidelines for large municipal solid waste incinerators (LMWCs) at five-year intervals. In addition, Plaintiffs filed a separate petition on December 21, 2021, in the United States Court of Appeals for the District of Columbia seeking a writ of mandamus relating to a 2008 order of that court remanding to the EPA performance standards for LMWCs. EPA is providing notice of this proposed consent decree, which would resolve all claims in both cases by establishing deadlines for EPA to issue proposed and final rulemakings to review and, if appropriate, revise emissions standards for LMWCs.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0310. Public comments on the proposed consent decree may be submitted to that online docket until July 14, 2023.

Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th Cir.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is hereby given of a proposed settlement agreement in Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th Cir.). In October 2021, Center for Biological Diversity filed a petition in the U.S. Court of Appeals for the Ninth Circuit challenging EPA’s issuance of the 2021 Pesticide General Permit (PGP), a permit issued by EPA pursuant to the Clean Water Act (CWA). The petition alleged that EPA failed to comply with the CWA in issuing the 2021 PGP, and that EPA and the U.S. Fish and Wildlife Service (FWS) failed to comply with the Endangered Species Act (ESA) in issuing the 2021 PGP. EPA seeks public input on a proposed settlement agreement prior to its final decision-making with regard to potential settlement of the litigation.

The public is invited to comment on the proposed settlement through regulations.gov. All comments submitted are available to the public. A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0247. Public comments on the proposed settlement agreement may be submitted to that online docket until May 24, 2023.

Chesapeake Bay Foundation, Inc. et al. v. U.S. EPA et al., No. 1:20-cv-2529 (D.D.C.).

In accordance with the Environmental Protection Agency (“EPA”) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is hereby given of a proposed settlement agreement that would resolve Chesapeake Bay Foundation, Inc. et al. v. U.S. EPA et al., No. 1:20-cv-2529 (D.D.C.). On September 10, 2020, four states—Maryland, Virginia, Delaware, and the District of Columbia—and a number of non-state plaintiffs including the Chesapeake Bay Foundation (“CBF”) and Anne Arundel County (“Plaintiffs”) filed complaints in the U.S. District Court for the District of Columbia. The Plaintiffs asserted that EPA has a mandatory duty under the Clean Water Act (“CWA”) to ensure that the goals of the Chesapeake Bay Agreement are met, and that EPA failed to perform that duty. Plaintiffs also asserted that EPA’s evaluation of Pennsylvania’s 2019 plan for implementing the Chesapeake Bay TMDL was arbitrary and capricious in violation of the Administrative Procedure Act (“APA”). EPA seeks public input on a proposed settlement agreement prior to its final decision-making with regard to potential settlement of the litigation.

The public is invited to comment on the proposed settlement through regulations.gov. All comments submitted are available to the public. A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under docket no. EPA–HQ–OGC–2023–0243. Public comments on the proposed settlement agreement may be submitted to that online docket until May 22, 2023.

Center for Biological Diversity v. Environmental Protection Agency, Case No. 22-1164 (D.C. Cir.)

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the "Act"), notice is given of a proposed settlement agreement in Center for Biological Diversity v. Environmental Protection Agency, Case No. 22-1164 (D.C. Cir.). The proposed settlement agreement would resolve a complaint filed by Plaintiffs Center for Biological Diversity alleging that EPA failed to comply with the consultation requirements of the Endangered Species Act (ESA), the CAA, and the Administrative Procedures Act in promulgating the Renewable Fuel Standard (RFS) Program: RFS Annual Rules, 87 Fed. Reg. 39600 (July 1, 2022) (“2020–2022 RFS Annual Rule”). With the proposed settlement agreement, EPA would commit to complete its ESA consultation for the subsequent RFS rule proposed on December 30, 2022, the Renewable Fuel Standard (RFS) Program: Standards for 2023–2025 and Other Changes, 87 Fed, Reg. 80582 (December 30, 2022) (“2023–2025 RFS Set Rule”), and CBD would agree to dismiss its challenge to the 2020–2022 RFS Annual Rule.

The public is invited to comment on the proposed settlement agreement through regulations.gov. All comments submitted are available to the public. A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0212.Public comments on the proposed settlement agreement may be submitted to that online docket until May 17, 2023.

Center for Biological Diversity et al., v. Regan, No. 3:22-cv-03309-RS (N.D. Cal.)

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 Center for Biological Diversity et al., v. Regan, No. 3:22-cv-03309-RS (N.D. Cal.). The proposed consent decree would resolve a complaint and amended complaint filed by Plaintiffs Center for Biological Diversity and Center for Environmental Health alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions from the State of North Dakota, the State of California, the State of Colorado, and the State of Pennsylvania. Plaintiffs also alleged that EPA failed to promulgate a federal implementation plan (FIP) for the State of California and the State of New Hampshire. Certain claims included in the Amended Complaint have since been rendered moot, and the proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking on the remaining claims.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0198. Public comments on the proposed consent decree may be submitted to that online docket until May 5, 2023.

Citizens for Clean Air, et al. v. Michael S. Regan, et al., No. 2:22-cv-01382-RSL (W.D. Wa.)

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 Citizens for Clean Air, et al. v. Michael S. Regan, et al., No. 2:22-cv-01382-RSL (W.D. Wa.). The proposed consent decree would resolve a complaint filed by Citizens for Clean Air and Sierra Club alleging that EPA failed to perform certain non-discretionary duty in accordance with the Act to take final action to approve, disapprove or conditionally approve, in whole or in part, a nonattainment state implementation plan (SIP) submission made by the State of Alaska. The State made the SIP submission at issue to address certain nonattainment area plan requirements for purposes of the 2006 24-hour PM2.5 national ambient air quality standards (NAAQS) for the Fairbanks North Star Borough area. The proposed consent decree would establish a deadline for EPA to take final action on the SIP submission.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0191. Public comments on the proposed consent decree may be submitted to that online docket until May 4, 2023.

Environmental Integrity Project and Sierra Club v. Regan, No. 1:22-cv-3063 (D.D.C.)

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 Environmental Integrity Project and Sierra Club v. Regan, No. 1:22-cv-3063 (D.D.C.). The proposed consent decree would resolve a complaint filed by Environmental Integrity Project and Sierra Club alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act to take final action with respect to a state implementation plan revision submitted by the Texas Commission on Environmental Quality. The proposed consent decree would establish a deadline for EPA to sign a notice of final rulemaking.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0084. Public comments on the proposed consent decree may be submitted to that online docket until March 20, 2023.

Environmental Integrity Project, et al. v. Regan, No. 1:22-cv-2243 (D.D.C)

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 Environmental Integrity Project, et al. v. Regan, No. 1:22-cv-2243 (D.D.C). The proposed consent decree would resolve a complaint filed by Environmental Integrity Project, Chesapeake Climate Action Network, and Sierra Club alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act to timely review and, if necessary, revise, the methods (“emission factors”) used to estimate the quantity of emissions of carbon monoxide, volatile organic compounds, and oxides of nitrogen for municipal solid waste landfills. EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing deadlines for EPA to review and, if necessary, revise these emission factors for municipal solid waste landfills.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0046. Public comments on the proposed consent decree may be submitted to that online docket until March 13, 2023.

Statewide Organizing for Community eMpowerment v. U.S. Environmental Protection Agency, No. 1:22-cv-2562-JDB (D.D.C.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022 Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is given on a proposed Consent Decree in the matter of Statewide Organizing for Community eMpowerment v. U.S. Environmental Protection Agency, No. 1:22-cv-2562-JDB (D.D.C.). The proposed consent decree would resolve a complaint filed by Statewide Organizing for Community eMpowerment, Hoosier Environmental Council, Indiana State Conference and Laporte County Branch of the National Association for the Advancement of Colored People, Sierra Club, Clean Power Lake County, and Environmental Integrity Project, alleging that EPA failed to perform its non-discretionary duty under section 2002(b) of the Resource Conservation and Recovery Act (RCRA), to review and, if necessary, revise a regulation that exempts inactive coal combustion residuals (CCR) landfills from the CCR disposal regulations. The proposed consent decree would establish deadlines for EPA to sign proposed and final actions.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0055. Public comments on the proposed consent decree may be submitted to that online docket until March 6, 2023.

California Communities Against Toxics, et al. v. Regan, No. 1:22-cv-01012-CRC (D.D.C.)

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 California Communities Against Toxics, et al. v. Regan, No. 1:22-cv-01012-CRC (D.D.C.). The proposed consent decree would resolve a complaint filed by California Communities Against Toxics, Coalition For A Safe Environment, and Sierra Club alleging that EPA failed to perform it’s non-discretionary duty to review and revise as necessary the National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities and Natural Gas Transmission and Storage Facilities. Plaintiffs further allege that EPA has unreasonably delayed in responding to Plaintiffs’ 2012 petition for administrative reconsideration of the final rule Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews. The proposed consent decree would establish deadlines for EPA to sign proposed and final actions.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2023-0028. Public comments on the proposed consent decree may be submitted to that online docket until January 23, 2023.

Center for Biological Diversity, et al. v. Regan, No. 3:22-cv-00052-WHO (N.D. Cal.)

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 Center for Biological Diversity, et al. v. Regan, No. 3:22-cv-00052-WHO (N.D. Cal.). The proposed consent decree would resolve a complaint filed by Center for Biological Diversity and Center for Environmental Health alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act to timely determine the attainment status of certain areas with respect to the 2008 ozone National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish deadlines for EPA to sign notices of final rulemaking.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0969. Public comments on the proposed consent decree may be submitted to that online docket until January 23, 2023.

Comité Progreso de Lamont, et al. v. United States Environmental Protection Agency, et al., No. 3:21-cv-08733-WHA (N.D. Cal.)

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 Comité Progreso de Lamont, et al. v. United States Environmental Protection Agency, et al., No. 3:21-cv-08733-WHA (N.D. Cal.). The proposed consent decree would resolve a complaint filed by Comité Progreso de Lamont, et al. alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act. These duties pertain to promulgation of a Federal Implementation Plan (FIP) for the San Joaquin Valley area of California to address certain remaining nonattainment plan requirements for the 1997, 2006, and 2012 PM2.5 national ambient air quality standards (NAAQS). The proposed consent decree would establish deadlines for EPA to sign notices of proposed and final actions.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0894. Public comments on the proposed consent decree may be submitted to that online docket until December 23, 2022.

Environmental Law & Policy Center, et al., v. United States Environmental Protection Agency, No. 3:19-cv-295 (N.D. Ohio)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed consent decree in Environmental Law & Policy Center, et al., v. United States Environmental Protection Agency, No. 3:19-cv-295 (N.D. Ohio). The proposed consent decree would resolve the remaining claims in a suit filed by the Environmental Law & Policy Center and the Lucas County Board of Commissioners. On February 7, 2019, the Environmental Law & Policy Center, which was later joined by the Lucas County Board of Commissioners, filed a complaint against the EPA alleging that the Agency’s approval of Ohio’s 2018 section 303(d) list was arbitrary and capricious under the Administrative Procedure Act and that EPA had failed to perform duties mandated by the Clean Water Act with respect to Ohio’s obligation to develop a Total Maximum Daily Load to address nutrient pollution in western Lake Erie. EPA seeks public input on a proposed consent decree prior to its final decision-making to settle the litigation.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0884. Public comments on the proposed consent decree may be submitted to that online docket until December 12, 2022.

Center for Community Action and Environmental Justice v. EPA, No. 22-cv-04191 (N.D. Cal, July 19, 2022)

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 the matter of Center for Community Action and Environmental Justice v. EPA, No. 22-cv-04191 (N.D. Cal, July 19, 2022). The proposed Consent Decree would resolve a complaint filed by Center for Community Action and Environmental Justice alleging that EPA had failed to take action on the submission by the California Air Resources Board (CARB) of the Innovative Clean Transit (ICT) Regulation as a revision to the California State Implementation Plan (SIP) by the deadline established for such action under the CAA and seeking to compel EPA action.

The proposed Consent Decree would establish a deadline of January 16, 2023, for the Agency to take final action on the ICT Regulation SIP submission. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed Consent Decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0838. Public comments on the proposed Consent Decree may be submitted to that online docket until December 5, 2022.

Sierra Club, et al v. Regan

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 the matter of Sierra Club, et al. v. Regan, No. 3:22-cv-01992-JD (N.D. Cal.). The proposed Consent Decree would resolve a complaint filed by Sierra Club et al. alleging that the Environmental Protection Agency failed to perform certain non-discretionary duties in accordance with the Act to take final action to promulgate certain 2015 ozone national ambient air quality standards infrastructure federal implementation plans (“FIPs”) addressing CAA section 110(a)(2)(D)(i)(I), the good neighbor or interstate transport provision, for the States of New Mexico, Pennsylvania, Utah, and Virginia. The proposed consent decree would establish deadlines for EPA to promulgate FIPs, approve a state implementation plan (“SIP”), or approve in part a SIP in conjunction with promulgating a partial FIP.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0861. Public comments on the proposed consent decree may be submitted to that online docket until December 5, 2021.

Our Children's Earth Foundation v. U.S. EPA, No. 22-cv-276-CKK (D.D.C.)

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. U.S. EPA, No. 22-cv-276-CKK (D.D.C.). The proposed consent decree would resolve a complaint filed by Our Children's Earth Foundation alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions from the State of New Jersey. EPA is providing notice of this proposed consent decree, which would resolve all claims in the case by establishing deadlines for EPA to take final actions on twelve submissions from New Jersey as specified in the decree.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0862. Public comments on the proposed consent decree may be submitted to that online docket until November 30, 2022.

Northwest Environmental Advocates, et al., v. US EPA, No. 1:13-cv-263 (D. Idaho)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding “Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,” notice is given of a proposed settlement in Northwest Environmental Advocates, et al., v. US EPA, No. 1:13-cv-263 (D. Idaho).  The proposed settlement would resolve the remaining claim in a suit filed by Northwest Environmental Advocates, et al.  On September 24, 2013, the Northwest Environmental Advocates and the Idaho Conservation League filed an amended complaint against the EPA alleging, among other things, that the Agency had failed to complete its mandatory duty under the Clean Water Act (“CWA”) to prepare and publish proposed water quality standards for mercury pollution to protect aquatic life following its disapproval of related water quality standard revisions by the State in 2008. On July 19, 2021, the Court issued a ruling concluding that, under the circumstances of this case, EPA’s disapproval created a mandatory duty for the Agency to promulgate new criteria for the State. Having ruled against EPA on liability, the Court directed the parties to file briefs regarding an appropriate remedy. EPA seeks public input on a proposed stipulated order on remedy (“Proposed Order”) prior to its final decision-making to settle the remedy portion of the litigation. for EPA

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0683. Public comments on the proposed consent decree may be submitted to that online docket until September 9, 2022.

Center for Biological Diversity, et al. v. Regan, No. 3:22-cv-01855-WHO (N.D. Cal.)

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 Center for Biological Diversity, et al. v. Regan, No. 3:22-cv-01855-WHO (N.D. Cal.). The proposed consent decree would resolve a complaint filed by Center for Biological Diversity et al alleging that EPA failed to perform certain non-discretionary duties in accordance with the Clean Air Act to timely determine the attainment status of certain areas with respect to the 2008 ozone National Ambient Air Quality Standards (2008 Ozone NAAQS). The proposed consent decree would establish deadlines for EPA to sign notices of final action.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0627. Public comments on the proposed consent decree may be submitted to that online docket until August 26, 2022.

Center for Food Safety, et al. v. EPA, No. 3:21-cv-09640-JSC (N.D. CA)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is given of a proposed consent decree in the matter of Center for Food Safety, et al. v. EPA, No. 3:21-cv-09640-JSC (N.D. CA). The proposed consent decree would resolve a complaint filed by Center for Food Safety, et al. alleging that EPA unreasonably delayed responding to a petition for rulemaking, submitted to EPA on or around April 26, 2017, relating to the regulatory exemption of pesticide treated seed. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0511. Public comments on the proposed consent decree may be submitted to that online docket until August 5, 2022.

Center for Biological Diversity et al v. Regan, No. 4:22-cv-02285 (N.D. Cal.)

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 Center for Biological Diversity et al v. Regan, No. 4:22-cv-02285 (N.D. Cal.). The proposed consent decree would resolve a complaint filed by Center for Biological Diversity et al alleging that EPA failed to perform a mandatory duty under the Clean Air Act to complete a review of the secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen Oxides (NOx), Sulfur Oxides (SOx), and Particulate Matter (PM). The proposed consent decree would require EPA to complete a review of the secondary National Ambient Air Quality Standards (NAAQS) for Nitrogen Oxides (NOx) and Sulfur Oxides (SOx), and the secondary NAAQS for Particulate Matter (PM) ecological effects. Specifically, the consent decree would require EPA to sign a proposed and final action in these NAAQS reviews by February 9, 2024 and December 10, 2024, respectively.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0447. Public comments on the proposed consent decree may be submitted to that online docket until August 4, 2022.

WildEarth Guardians v. Regan, No. 1:22-cv-174-RB-GBW (D.N.M.)

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 WildEarth Guardians v. Regan, No. 1:22-cv-174-RB-GBW (D.N.M.) The proposed consent decree would resolve a complaint filed by WildEarth Guardians alleging that EPA failed to perform a non-discretionary duty in accordance with the Act to either promulgate a Federal Implementation Plan (FIP) or approve a State Implementation Plan (SIP) for New Mexico that meets CAA requirements at 42 U.S.C. 7410(a)(2)(D)(i)(I) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The proposed consent decree would establish a June 1, 2024, deadline for EPA to take specified actions.

The public is invited to comment on the proposed consent decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2022-0446. Public comments on the proposed consent decree may be submitted to that online docket until July 22, 2022.

Our Children’s Earth Foundation v. Regan, No. 3:22-cv-00695-WHA (N.D. CA)

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. Regan, No. 3:22-cv-00695-WHA (N.D. CA).  The proposed consent decree would resolve a complaint filed by Our Children’s Earth Foundation alleging that EPA failed to perform certain non-discretionary duties in accordance with the Act to take action on several Nevada SIP submittals by the required deadlines. The proposed consent decree would establish deadlines for EPA to take specified actions.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed consent decrees and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2022-0510. Public comments on the proposed consent decree may be submitted to that online docket until July 22, 2022.

Concerned Citizens of St. John, et al. v Regan, No. 21-cv-03063-TNM (D.D.C.) and Environmental Integrity Project, et al. v. Regan, No. 20-cv-03119-TNM (D.D.C.)

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the "Act"), notice is given of two proposed consent decrees in Concerned Citizens of St. John, et al. v Regan, No. 21-cv-03063-TNM (D.D.C.) and in Environmental Integrity Project, et al. v. Regan, No. 20-cv-03119-TNM (D.D.C.). These two proposed consent decrees would resolve all claims in both cases by establishing deadlines for EPA to take proposed and final actions on, in the first consent decree, the National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for the Group I Polymers & Resins (“P&R I”) source category, and in the second, certain New Source Performance Standards (“NSPS”) and NESHAP specified in that decree.

The public is invited to comment on the Proposed Consent Decree’s.  All comments submitted are available to the public.  A copy of the proposed consent decrees and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2022-0403. Public comments on the proposed consent decree may be submitted to that online docket until July 7, 2022.

Growth Energy. v. Regan

In accordance with section 113(g) of the Clean Air Act (“CAA”), as amended, notice is given of a proposed settlement agreement in in the matter of Growth Energy v. Regan, Case No. 1:22-cv-01191 (D.D.C.).  The proposed Consent Decree would resolve a complaint filed by Growth Energy alleging that the Environmental Protection Agency failed to perform certain non-discretionary duties in accordance with the Act to promulgate volumes for the renewable fuel program for 2023.  The proposed consent decree would establish deadlines for EPA to establish volumes for 2023 for the renewable fuel program.

The public is invited to comment on the Proposed Consent Decree’s.  All comments submitted are available to the public.  A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2022-0437. Public comments on the proposed Consent Decree may be submitted to that online docket until June 22, 2022.

Center for Biological Diversity v. U.S. Environmental Protection Agency, et al., 1:21-cv-2210-JDB (D.D.C.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is given of a proposed consent decree in in the matter of Center for Biological Diversity v. U.S. Environmental Protection Agency, et al., 1:21-cv-2210-JDB (D.D.C.).  The proposed Consent Decree would resolve a complaint filed by the Center for Biological Diversity (challenging the Agency’s alleged unreasonable delay in taking action on its July 24, 2014, petition to list discarded polyvinyl chloride as hazardous waste under the Resource Conservation and Recovery Act). 

The proposed Consent Decree establishes that EPA shall sign a tentative decision on the petition no later than January 20, 2023, and a final decision no later than April 12, 2024.  The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the public comment process.  See the proposed Consent Decree for specific details.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2022-0406. Public comments on the proposed Consent Decree may be submitted to that online docket until June 3, 2022.

Sierra Club et al. v. Regan, No. 21-cv-6956 (N.D. Cal, September 8, 2021)

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 in the matter of Sierra Club et al. v. Regan, No. 21-cv-6956 (N.D. Cal, September 8, 2021). The proposed Consent Decree would resolve a complaint filed by Sierra Club, Environmental Integrity Project, and Natural Resources Defense Council challenging the Agency’s failure to undertake certain non-discretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions and to issue findings of failure to submit to numerous other states who had failed to respond to an EPA finding that their state plans were substantially inadequate under the Act.

The proposed Consent Decree will resolve the complaint by setting numerous deadlines for the Agency to respond to the relevant SIP submissions. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket No. EPA-HQ-OGC-2022-0175. Public comments on the proposed Consent Decree may be submitted to that online docket until May11, 2022.

Breast Cancer Prevention Partners, et al., v. U.S. Environmental Protection Agency, et al.

In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is hereby given of a proposed consent decree that resolves Breast Cancer Prevention Partners, et al. v. U.S. Environmental Protection Agency, et al., a case in the United States District Court for the Northern District of California (4:21-cv-07360-HSG) that alleges EPA unreasonably delayed taking final action on its proposed rulemaking to list diisononyl phthalate (DINP) on the Toxics Release Inventory (TRI) pursuant to the Emergency Planning and Community Right-to-Know-Act (EPCRA).

This proposed consent decree states that no later than January 31, 2023, EPA shall either sign a final rule that lists DINP on the TRI or sign a notice for publication in the Federal Register to withdraw the proposed rulemaking to list DINP on the TRI. The proposed consent decree further states that if the Office of Management and Budget (OMB) determines that a rule to list DINP warrants review under Executive Order 12866 at the supplemental proposal and/or final rule stage, the deadline shall be extended by 90 days for each stage of review that OMB initiates, for a total extension of 180 days if OMB initiates review at both the supplemental proposal and the final rule stages. Court approval of this proposed consent decree would resolve all claims in this case except for any claim for the costs of litigation, including attorneys’ fees.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed Settlement Agreement and the Federal Register notice with further details can be found under Docket no. EPA–HQ–OGC–2022–0343. Public comments on the proposed Settlement Agreement may be submitted to that online docket until May 9, 2022.

Genscape, Inc. v. EPA, No. 19–3705 (6th Cir.)

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed settlement agreement in the matter of Genscape, Inc. v. EPA, No. 19–3705 (6th Cir.). The proposed Settlement Agreement would resolve a petition for review filed by Genscape challenging the Agency’s final action entitled “EPA Final Determination in the Matter of Genscape, Inc., Option A Quality Assurance Plan Auditor Under the Renewable Fuel Standard Program”, which was issued on May 31, 2019. The proposed Settlement Agreement would resolve the petition for review as it would require dismissal of this litigation once EPA issues a revision to the Final Determination as specified in Attachment A within 30 days of a fully executed settlement agreement.

The proposed Settlement Agreement also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Settlement Agreement for specific details.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed Settlement Agreement and the Federal Register notice with further details can be found under Docket no. EPA–HQ–OGC–2022–0293. Public comments on the proposed Settlement Agreement may be submitted to that online docket until April 15, 2022.

Center for Environmental Health, et al., v. Wheeler, et al.

Notice of Proposed Stipulated Partial Settlement Agreement in Center for Environmental Health, et al., v. Wheeler, et al., United States District Court for the Northern District of California (4:18-cv-03197)

In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed stipulated partial settlement agreement that resolves the remaining claims in the Center for Environmental Health, et al., v. Wheeler, et al., case in the United States District Court for the Northern District of California (4:18-cv-03197) that alleges that EPA and the United States Fish and Wildlife (FWS) failed to comply with certain procedural and substantive duties under the Endangered Species Act (ESA). Defendant-Intervenor joins this stipulated partial settlement agreement.

The parties in this case are proposing to reach a settlement in the form of a Partial Stipulated Settlement Agreement. Unless one of the contingencies set forth in the proposed agreement occurs (which may result in an extension of time), EPA will implement specific portions of the Final Biological Opinion no later than 18 months from the date that FWS issues the Final Biological Opinion. Implementation will include, but is not limited to, providing to all registrants of products containing malathion written notice of the issuance of the Final Biological Opinion no later than 60 calendar days from its issuance, as well as notice of any actions the malathion registrants must take (including to require submission of requests to amend labeling or terms and conditions of registration). Court approval of this proposed stipulated partial settlement agreement would result in the dismissal with prejudice of the remaining claims.

A copy of the stipulated partial settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2021-0674 .

Growth Energy v. Regan

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 Growth Energy v. Regan, No. 1:22-cv-00347 (D.D.C.).

The proposed Consent Decree would resolve a complaint filed by Growth Energy alleging that the Environmental Protection Agency failed to perform certain non-discretionary duties in accordance with the Act to establish renewable fuel standards for calendar years 2021 and 2022. The proposed consent decree would establish deadlines for EPA to establish the 2021 and 2022 renewable fuel standards by June 3, 2022.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2022-0200. Public comments on the proposed consent decree may be submitted to that online docket until March 25, 2022.

In re Gold King Mine Release in San Juan County, Colorado on August 5, 2015

On January 20, 2022, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of New Mexico in the multidistrict litigation entitled In re: Gold King Mine Release in San Juan County, Colorado on August 5, 2015, MDL no. 1:18-md-02824-WJ.

The proposed Consent Decree resolves claims brought by the United States against Sunnyside Gold Corporation (“SGC”) and Kinross Gold Corporation (“KGC”) under Sections 107(a) and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §§ 9607(a) and 9613(g)(2), and seeking reimbursement of, or contribution towards, response costs incurred or to be incurred for response actions taken or to be taken by the United States in connection with the release or threatened release of hazardous substances at the Bonita Peak Mining District Superfund Site located in San Juan County, Colorado (“BPMD Site”). The proposed Consent Decree also resolves claims brought by SGC against the United States under CERCLA for recovery of response costs and contribution, and a claim for contribution and indemnity in connection with the BPMD Site. The proposed Consent Decree requires SGC and KGC to pay $45 million to the United States and the State of Colorado for response costs in connection with the BPMD Site and requires the United States to pay $45 million to appropriate federal accounts for response costs. Colorado is also a signatory to the proposed Consent Decree. The proposed Consent Decree requires SGC and KGC to pay $4.05 million to Colorado, and Colorado agrees to waive all future CERCLA actions in connection with the BPMD Site against SGC, KGC and the United States. The proposed Consent Decree does not resolve all claims in the multidistrict litigation. For instance, it does not address claims brought by the State of New Mexico, Navajo Nation, or individual plaintiffs against the EPA related to the Gold King Mine.

The U.S. Department of Justice has opened a 30-day public comment period on the Proposed Consent Decree’s. The public comment period closes on February 28, 2022. For more information on the proposed Consent Decree, including information on how to comment, please see the notice in the Federal Register (Docket No: 2022-01584).

Center for Biological Diversity, et al. v. Regan

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 Center for Biological Diversity, et al. v. Regan, No. 4:21-cv-06166-JST (N.D. CA). The proposed Consent Decree would resolve a complaint filed by Center for Biological Diversity, et al. alleging that the Environmental Protection Agency failed to perform certain non-discretionary duties in accordance with the Act to promulgate final actions for two nonattainment areas under the 2010 1-hour primary sulfur dioxide (SO2) national ambient air quality standard (NAAQS): a final federal implementation plan (FIP) for the Detroit, Michigan SO2 nonattainment area, and approval or disapproval of the state implementation plan (SIP) for the Baltimore and Anne Arundel Counties, Maryland SO2 nonattainment area. The proposed consent decree would establish deadlines for EPA to take these actions.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2021-0942. Public comments on the proposed consent decree may be submitted to that online docket until January 26, 2022.

Texas Environmental Justice Advocacy Services, et al. v. Regan

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 Texas Environmental Justice Advocacy Services, et al. v. Regan, No. 1:20-cv-03733-RJL (D. D.C.). The proposed Consent Decree would resolve a complaint filed by Texas Environmental Justice Advocacy Services, et al. alleging that the Environmental Protection Agency failed to perform certain non-discretionary duties in accordance with the Act to “review and, if appropriate, revise” the New Source Performance Standards (“NSPS”) or to promulgate a determination that revision “is not appropriate in light of readily available information on the efficacy of such standard[s]” for four categories of synthetic organic chemical manufacturing industry (“SOCMI”) stationary sources, and to “review, and revise as necessary” the National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for SOCMI source categories regulated under the Hazardous Organic NESHAP Rule (“HON”) at least every 8 years. The proposed consent decree would establish deadlines for EPA to take actions.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2021-0850. Public comments on the proposed consent decree may be submitted to that online docket until January 6, 2022.

Our Children’s Earth Foundation v. Regan

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed settlement agreement in in the matter of Our Children’s Earth Foundation v. Regan, Case No. 8232 (JPO). The proposed Consent Decree would resolve a complaint filed by Our Children’s Earth Foundation challenging the Agency’s failure to perform certain non-discretionary duties to timely respond to numerous state implementation plan (SIP) revisions submitted by the State of New York.

The proposed Consent Decree will resolve the complaint by setting deadlines for final action ranging from April 30, 2022 to February 29, 2024. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the Proposed Consent Decree’s. All comments submitted are available to the public. A copy of the proposed Settlement Agreement and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2021-0800. Public comments on the proposed Consent Decree may be submitted to that online docket until December 23, 2021.

Natural Resources Defense Council v. Michael Regan, Administrator of the United States Environmental Protection Agency, et al., No. 21-cv-461 (S.D.N.Y.)

In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is given of a proposed consent decree in in the matter of Natural Resources Defense Council v. Michael Regan, Administrator of the United States Environmental Protection Agency, et al., No. 21-cv-461 (S.D.N.Y.) The proposed Consent Decree would resolve a complaint filed by the Natural Resources Defense Council alleging that EPA failed to perform a mandatory duty under the Safe Drinking Water Act. The proposed Consent Decree will resolve the complaint by setting a deadline of March 15, 2024, by which the EPA must sign for publication in the Federal Register revisions to the consumer confidence report regulations to comply with 42 U.S.C. § 300g-3(c)(4)(F). The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, modifications and extensions, lapses in appropriations, disputes in implementation, and preservation of Agency discretion. See the proposed Consent Decree for specific details.

The public is invited to comment on the Proposed Consent Decree. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2021-0753. Public comments on the proposed Consent Decree may be submitted to that online docket until November 26, 2021.

Our Children's Earth Foundation v. Regan, No. 4:20-cv-08530-YGR (N.D. Cal.)

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed settlement agreement in Our Children’s Earth Foundation. v. Regan, No. 4:20-cv-08530-YGR (N.D. Cal.). The proposed Consent Decree would resolve a complaint filed by Our Children’s Earth Foundation that alleges that the Administrator of EPA failed to perform certain non-discretionary duties, under CAA § 110(h), to publish comprehensive documents with information about state implementation plan (“SIP”) requirements and to publish in the Federal Register notice of the availability of such documents. The proposed Consent Decree would resolve the complaint by requiring EPA, no later than December 31, 2021, to assemble and publish online on EPA-managed or controlled websites the comprehensive SIP information for all States, except for California, Connecticut, North Carolina, Wisconsin, Puerto Rico, and the U.S. Virgin Islands. In addition, under the terms of the proposed consent decree, no later than September 30, 2022, EPA will assemble and publish online on EPA-managed or controlled websites comprehensive SIP information for all States. The proposed consent decree also provides that, not later than November 30, 2022, EPA shall submit to the Office of the Federal Register, for publication in the Federal Register, a notice of availability of the SIP information published by EPA on EPA-managed or controlled websites. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the Proposed Consent Decree. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under Docket no. EPA–HQ–OGC–2021–0725. Public comments on the proposed Consent Decree may be submitted to that online docket until November 22, 2021.

Natural Resources Defense Council v. Wheeler, et al.

In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed stipulated partial settlement agreement that would resolve the case of Natural Resources Defense Council v. Wheeler, et al., in the United States District Court for the District of Columbia (1:17-CV-02034). The Plaintiff filed its original case on October 3, 2017, alleging that EPA violated the Endangered Species Act (ESA) by failing to consult on the effects to listed species of certain pesticide product registrations containing one of three pesticide active ingredients—acetamiprid (Claim One), dinotefuran (Claim Two), and imidacloprid (Claim Three). In January 2021, EPA and the Natural Resources Defense Council (NRDC) previously agreed through a stipulated partial settlement agreement to resolve the third claim concerning imidacloprid. Now, EPA and NRDC are proposing to resolve the remaining two claims through this proposed agreement. Specially, Paragraph 1 states that EPA will by October 2024 complete effects determinations and request initiation of any necessary ESA consultation pursuant to 50 C.F.R. Part 402 regarding the potential effects of acetamiprid and dinotefuran on any and all listed species and designated critical habitat. Defendant-Intervenor takes no position on this agreement.

A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2020-0520 . Public comment on the proposed settlement agreement may be submitted until November 19, 2021.

Downwinders at Risk et al. v. Regan

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 the matter of Downwinders at Risk et al. v. Regan, No. 21-cv-03551 (N.D. Cal.).  The proposed Consent Decree would resolve a complaint filed by Downwinders at Risk et al. alleging that the Environmental Protection Agency failed to perform certain non-discretionary duties in accordance with the Act to take final action to approve or disapprove, in whole or in part, certain 2015 ozone national ambient air quality standards infrastructure state implementation plan (“SIP”) submissions addressing CAA section 110(a)(2)(D)(i)(I), the good neighbor or interstate transport provision, from the States of Alabama, Arizona, Arkansas, California, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, West Virginia, Wisconsin, and Wyoming.  The proposed consent decree would establish deadlines for EPA to act on these 32 SIP submissions.

The public is invited to comment on the Proposed Consent Decree terms. All comments submitted are available to the public.  A copy of the proposed consent decree and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2021-0692. Public comments on the proposed consent decree may be submitted to that online docket until November 15, 2021.

Center for Environmental Health, et al. v. Wheeler, et al.

Notice of Proposed Stipulated Partial Settlement Agreement in Center for Environmental Health, et al., v. Wheeler, et al., United States District Court for the Northern District of California (4:18-cv-03197) In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed stipulated partial settlement agreement that resolves part of the Center for Environmental Health, et al., v. Wheeler, et al., case in the United States District Court for the Northern District of California (4:18-cv-03197) that alleges that EPA and the United States Fish and Wildlife (FWS) failed to comply with certain procedural and substantive duties under the Endangered Species Act (ESA). Defendant-Intervenor joins this stipulated partial settlement agreement. The parties in this case are proposing to reach a settlement in the form of a Partial Stipulated Settlement Agreement. Unless one of the contingencies set forth in the proposed stipulated partial settlement agreement occurs (which may result in an extension of time), FWS will issue its Final Biological Opinion and conclude the Malathion Consultation no later than February 28, 2022. Court approval of this stipulated partial settlement agreement would result in the dismissal with prejudice of portions of the claims in Count 1 and Count 2 against Federal Defendants for violation of their ESA Section 7(a)(2) procedural duties to complete the Final Biological Opinion. This agreement only resolves EPA’s procedural duties under the ESA Section 7(a)(2); claims related to EPA’s substantive ESA Section 7(a)(2) duties are not covered. Additionally, claims against EPA for its alleged failure to comply with the ESA Section 7(d) requirements are not covered by this agreement. Defendant-Intervenor joins this stipulated partial settlement agreement.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public.

A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA–HQ–OGC–2021–0674. Public comments on the proposed consent decree may be submitted to that online docket until November 17, 2021.

Center for Biological Diversity, et al. v. Regan

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 the matter of Center for Biological Diversity, et al. v. Regan, No. 4-21-cv-02498-JST (N.D. CA.). The proposed consent decree would resolve a complaint filed by the Center for Biological Diversity and the Center for Environmental Health alleging that the Administrator of the United States Environmental Protection Agency (EPA) failed to perform certain non-discretionary duties. First, Plaintiffs allege that EPA failed to issue a finding of failure to submit for state implementation plans (SIPs) addressing reasonably available control technology for volatile organic compounds from sources covered by the 2016 oil and gas control techniques guideline (CTG) for the 2015 ozone National Ambient Air Quality Standards (NAAQS) for states and areas listed in the Amended Complaint within six months after the SIP due date. Second, Plaintiffs allege that EPA failed to take final action to approve or disapprove, in whole or in part, oil and gas CTG SIPs for the 2008 ozone NAAQS for states and areas listed in the Amended Complaint. The proposed consent decree would establish deadlines for EPA to take specified actions. See the proposed consent decree for specific details.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public.

A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA–HQ–OGC–2021–0637. Public comments on the proposed consent decree may be submitted to that online docket until November 4, 2021.

Proposed Settlement Agreement of Enforcement Action Alleging Air Pollution Violations

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed settlement agreement between the State of New Jersey and EPA. The proposed Settlement Agreement would resolve alleged violations in an administrative enforcement action brought by the State of New Jersey, Department of Environmental Protection, Division of Air Enforcement (New Jersey), against the Edison facility owned and operated by EPA Region 2 (EPA). In November 2019, New Jersey conducted an inspection of EPA's Edison facility and found several state law violations related to its boilers and emergency generators. EPA worked with New Jersey to bring the boilers and generators back into full compliance by the end of 2020.

EPA and New Jersey have tentatively agreed on a proposed settlement agreement that would fully resolve the identified state law violations through payment of a $8,600 penalty, a penalty which would rise to a full penalty of $17,200 if EPA failed to pay that penalty on time. See the proposed Settlement Agreement for specific details.

The public is invited to comment on the proposed Settlement Agreement’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Settlement Agreement and the Federal Register notice with further details can be found under docket no. EPA-OGC-2021-0583. Public comments on the proposed Settlement Agreement may be submitted to that online docket until October 4, 2021.

Environmental Integrity Project v. Regan, No. 1:21–cv–00009 (D.D.C.)

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed settlement agreement in in the matter of Environmental Integrity Project v. Regan, No. 1:21–cv–00009 (D.D.C.). The proposed Consent Decree would resolve a complaint filed by the Environmental Integrity Project, Sierra Club, Port Arthur Community Action Network, Environment Texas, and Neta Rhyne alleged that the Administrator of EPA failed to perform certain non-discretionary duties to timely respond to petitions asking EPA to object to eight operating permits issued by the Texas Commission on Environmental Quality (‘‘TCEQ’’).

The proposed Consent Decree will resolve the complaint by setting several intermediate deadlines as well as a final deadline of January 31, 2022, by which the EPA must take action in response to the petitions to object to the TCEQ operating permits. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed Consent Decree through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA–HQ–OGC–2021–0404. Public comments on the proposed Consent Decree may be submitted to that online docket until August 18, 2021.

New York et al. v. Regan, et al.

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 the matter of New York et al. v. Regan, et al., Case No. 1:21-CV-00252 (S.D.N.Y.). The proposed Consent Decree would resolve a complaint filed by New York et al. alleging that the Environmental Protection Agency failed to perform certain non-discretionary duties in accordance with the Act to take final action to approve or disapprove, in whole or in part, certain 2015 ozone national ambient air quality standards infrastructure state implementation plan (“SIP”) submissions addressing CAA section 110(a)(2)(D)(i)(I), the good neighbor provision, from the States of Indiana, Kentucky, Michigan, Ohio, Texas, and West Virginia. The proposed consent decree would establish deadlines for EPA to act on these six SIP submissions.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2021-0444. Public comments on the proposed consent decree may be submitted to that online docket until July 6, 2021.

Association for Irritated Residents v. EPA

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 Association for Irritated Residents v. EPA, No. 4:21-cv-426 (N.D. Cal.). On January 17, 2021, the Association for Irritated Residents (“AIR”) filed a complaint in the United States District Court for the Northern District of California, alleging that the United States Environmental Protection Agency (“EPA”) has failed to perform several mandatory duties under the CAA. The duties include taking final action on two state implementation plan (“SIP”) submissions made by the State of California intended to address nonattainment plan requirements in the San Joaquin Valley area for the 1997, 2006, and 2012 fine particulate matter (“PM2.5”) NAAQS.

The proposed consent decree would establish deadlines for EPA to take final action on the SIP submissions for the requirements related to the respective PM2.5 NAAQS.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2021-0351. Public comments on the proposed settlement agreement may be submitted to that online docket until July 6, 2021.

Center for Biological Diversity v. Regan (SO2)

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 in the matter of Center for Biological Diversity, et al. v. Regan, No. 3:20-cv-05436-EMC (N.D. Cal.). The proposed Consent Decree would resolve a complaint filed by Plaintiffs Center for Biological Diversity, Center for Environmental Health, and the Sierra Club. Plaintiffs alleged that the EPA failed to perform certain non-discretionary duties in accordance with the Act: make timely findings that certain states failed to timely submit required plan submissions for areas designated as nonattainment for the 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS); timely respond to a state implementation plan (SIP) submittal from the State of Illinois for the Alton Township 2010 SO2 NAAQS nonattainment area; and make timely determinations whether certain areas designated as nonattainment for the 2010 SO2 NAAQS attained the standard by the attainment date.

The proposed Consent Decree would establish deadlines for EPA to undertake certain actions. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed Consent Decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2021-0314; https://www.regulations.gov/docket/EPA-HQ-OGC-2021-0314.  Public comments on the proposed Consent Decree may be submitted to that online docket until June 2, 2021.

Center for Biological Diversity v. Regan

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 in the matter of Center for Biological Diversity v. Regan, No. 3:20-cv-06020-WHA (N.D. Cal.). The proposed Consent Decree would resolve a complaint filed by Plaintiffs Center for Biological Diversity and Center for Environmental Health challenging the Agency’s failure to timely respond to numerous state implementation plan (SIP) and control techniques guideline (CTG) submissions from the State of California and State of Colorado and to timely issue a federal implementation plan (FIP) to address specific CAA requirements for one particular area within California.   

The proposed Consent Decree would establish deadlines for EPA to act on certain submissions or, as an alternative for one area in California, to issue a FIP. The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process. See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed Consent Decree’s terms through regulations.gov. All comments submitted are available to the public. A copy of the proposed Consent Decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2021-0304; https://www.regulations.gov/docket/EPA-HQ-OGC-2021-0304.  Public comments on the proposed Consent Decree may be submitted to that online docket until June 2, 2021.

Wyoming v. EPA and PacifiCorp v. EPA

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed Settlement Agreement in in the matters of 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).  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 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.  See the proposed Settlement Agreement for specific details.

The public is invited to comment on the proposed Settlement Agreement’s terms through regulations.gov.  All comments submitted are available to the public.

A copy of the proposed Settlement Agreement and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2020-0717. Public comments on the proposed Settlement Agreement may be submitted to that online docket until February 3, 2021

United Refining Co v. Wheeler

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is given of a proposed settlement agreement in in the matter of United Refining Co. v. Wheeler, Case No. 20-1956 (D.D.C.).  The proposed Consent Decree would resolve a complaint filed by United Refining challenging the Agency’s failure to timely act on its petition to EPA seeking a small refinery exemption from its 2019 Renewable Fuel Standard (RFS) obligations. 

The proposed Consent Decree will resolve the complaint by setting a deadline of February 19, 2021, by which the EPA must act on Plaintiff’s petition.  The proposed Consent Decree also includes standard language regarding resolution of costs and attorneys’ fees, stipulation of extensions, lapses in appropriations, disputes in implementation, preservation of Agency discretion, and the Clean Air Act section 113(g) public comment process.  See the proposed Consent Decree for specific details.

The public is invited to comment on the proposed Settlement Agreement’s terms through regulations.gov.  All comments submitted are available to the public.  A copy of the proposed Settlement Agreement and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2020-0652. Public comments on the proposed Settlement Agreement may be submitted to that online docket until February 3, 2021.

Center for Biological Diverstiy, et. al. v. EPA (D.C. Cir. Nos. 15-1054, 15-1176, 15-1389, 15-1462, and 16-1351) - Comment period closes 01/14/21

In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, EPA is taking comment on a proposed stipulated partial settlement agreement in the case of Center for Biological Diversity, et al. v. EPA (D.C. Cir. Nos. 15-1054, 15-1176, 15-1389, 15-1462 and 16-1351) in the United States Court of Appeals for the District of Columbia. In 2015 and 2016, the Center for Biological Diversity and other Petitioners (collectively, “Petitioners”) filed five petitions for review of registrations containing five active ingredients: flupyradifurone, bicyclopyrone, benzovindiflupyr, cuprous iodide, and halauxifen-methyl.  The five petitions for review alleged that EPA violated the Endangered Species Act (“ESA”) by failing to consult on the effects to listed species when registering products containing the five new active ingredients. The Court consolidated the cases on June 20, 2018. The registrants for each active ingredient other than cuprous iodide sought and were granted intervention.

EPA, the Petitioners and the Defendant-Intervenors (collectively, “the Parties”) are proposing to enter into an out-of-court settlement agreement, which, among other things, calls for the Parties to file a Joint Motion for Order on Consent requesting that the Court order EPA to:  complete a final effects determination for any use of cuprous iodide that is approved for sale and distribution by August 13, 2021;  complete final Biological Evaluations for two of the other active ingredients by September 30, 2025 and the remaining two active ingredients by September 30, 2027; and  initiate consultation with the National Marine Fisheries Service and/or the Fish and Wildlife Service (Services) as appropriate based on the outcome of the Biological Evaluations. 

A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2020-0612. Public comment on the proposed order may be submitted on that online docket until January 14, 2021.

Sierra Club v. Wheeler

In accordance with section 113(g) of the Clean Air Act, notice is given of a proposed consent decree in Sierra Club v. Wheeler, No. 2:20-cv-00725 (D. Az.). On April 14, 2020, the Sierra Club (Plaintiff) filed a complaint in the United States District Court for the District of Arizona, Phoenix Division, alleging that the Administrator of the United States Environmental Protection Agency (EPA) failed to perform a mandatory duty. Plaintiff alleges that EPA failed to take final action to approve, disapprove, or conditionally approve, in whole or in part, a state implementation plan (SIP) submission by the State of Arizona intended to meet nonattainment plan requirements for the West Pinal area for purposes of the PM10 NAAQS. The proposed consent decree would establish a deadline for EPA to take such action on the SIP submission.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public.

A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no.EPA-HQ-OGC-2020-0569. Public comments on the proposed settlement agreement may be submitted to that online docket until December 31, 2020.

Northwest Environmental Advocates v. EPA, 1:13-cv-263 (D. Idaho) – Comment period closes 12/30/20

In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed stipulated order of partial dismissal to address several claims in a lawsuit filed by Northwest Environmental Advocates in the U.S. District Court for the District of Idaho. On September 24, 2013 the Northwest Environmental Advocates and the Idaho Conservation League (collectively “Plaintiffs”) filed an amended complaint bringing claims against the EPA alleging, among other things, that it failed to perform duties mandated by the Endangered Species Act (ESA) to consult with the Fish & Wildlife Service and the National Marine Fisheries Service (collectively “the Services”) regarding its actions under the Clean Water Act (CWA) and that EPA failed to complete various mandatory duties under the CWA with respect to various new and revised water quality standards adopted by the Idaho Department of Environmental Quality. EPA seeks public input on the proposed stipulated order of partial dismissal prior to its final decision-making to settle the litigation.

The public is invited to comment on the proposed settlement agreement’s stipulation of dismissal through regulations.gov. All comments submitted are available to the public.

A copy of the proposed stipulation of dismissal and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2020-0561 https://www.regulations.gov/document?D=EPA-HQ-OGC-2020-0561-0001 . Public comments on the proposed stipulation of dismissal may be submitted to the online docket until December 30, 2020.

Natural Resources Defense Council v. Wheeler, et al. (D.D.C. 1:17-CV-02034)

In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, EPA is taking comment on a proposed stipulated partial settlement agreement in the case of Natural Resources Defense Council v. Wheeler, et al., in the United States District Court for the District of Columbia (1:17-CV-02034). The original case was filed on October 3, 2017, alleging that EPA violated Section 7(a)(2) of the Endangered Species Act (ESA) by failing to consult on the effects to listed species of certain pesticide product registrations containing one of three pesticide active ingredients—acetamiprid (Claim One), dinotefuran (Claim Two), and imidacloprid (Claim Three).

EPA and Natural Resources Defense Council (NRDC) are proposing to reach a settlement in the form of a Partial Stipulated Settlement Agreement. Defendant-Intervenor indicated that it takes no position on this proposed partial agreement. Among other provisions, the proposed partial stipulated settlement agreement between EPA and NRDC calls for EPA to complete an endangered species effects determination with respect to imidacloprid (Claim Three) by June 30, 2022. And, as appropriate, EPA will initiate consultation with the National Marine Fisheries Service and/or the Fish and Wildlife Service.

A copy of the partial stipulated settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2020-0520. Public comment on the proposed order may be submitted on that online docket until December 30, 2020.

Northwest Environmental Advocates v. U.S. Department of Commerce, et al, 2:16-cv-01866 (W.D. Wash.) – Comment period closes 11/12/20

In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed stipulated order of dismissal to address several claims in a lawsuit filed by Northwest Environmental Advocates (“Plaintiff”) in the U.S. District Court for the Western District of Washington. On December 7, 2016 the Plaintiff filed a complaint alleging, among other things, that the EPA’s failed to perform duties mandated by the Endangered Species Act (ESA) to consult with the Fish & Wildlife Service and the National Marine Fisheries Service (collectively “the Services”) regarding its actions under the Clean Water Act (CWA) with respect to nonpoint source management programs administered by the State of Washington Department of Ecology (“Ecology”). EPA seeks public input on the proposed stipulated order of dismissal prior to its final decision-making to settle the litigation.

The public is invited to comment on the proposed settlement agreement’s stipulation of dismissal through regulations.gov. All comments submitted are available to the public.

A copy of the proposed stipulation of dismissal and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2020-0507. Public comments on the proposed stipulation of dismissal may be submitted to the online docket until November 12, 2020

Center for Biological Diversity, et al. v. Wheeler - Comment period closed 09/21/20

In accordance with section 113(g) of the Clean Air Act, notice is given of a proposed consent decree in Center for Biological Diversity, et al., v. Wheeler, No. 3:20-cv-00448 (N.D. Cal.). On January 22, 2020 and February 19, 2020, the Center for Biological Diversity and the Center for Environmental Health (collectively, Plaintiffs) filed a complaint and a first amended complaint, respectively, 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 certain non-discretionary duties. First, Plaintiffs allege that EPA failed to issue a finding of failure to submit for state implementation plans (SIPs) addressing reasonably available control technology for volatile organic compounds from sources covered by the 2016 oil and gas control techniques guideline (CTG) for the 2008 ozone National Ambient Air Quality Standards (NAAQS) for states and areas listed in the First Amended Complaint within six months after the SIP due date. Second, Plaintiffs allege that EPA failed to take final action to approve or disapprove, in whole or in part, oil and gas CTG SIPs for the 2008 and/or 2015 ozone NAAQS submitted by various states for the nonattainment areas and ozone transport region states listed in the First Amended Complaint. The proposed consent decree would establish deadlines for EPA to take specified actions.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public.

A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2020-0399. Public comments on the proposed settlement agreement may be submitted to that online docket until September 21, 2020.

Our Children’s Earth Foundation v. Wheeler

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-09125 (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, and if appropriate revise, four new source performance standards (NSPS) under Clean Air Act section 111(b)(1)(B) and three national emission standards for hazardous air pollutants (NESHAP) under Clean Air Act section 112(d)(6). The standards OCE identified are:

  • Secondary Lead Smelters, 40 CFR Part 60, Subpart L (NSPS)
  • Lead-Acid Battery Manufacturing Plants, 40 CFR Part 60, Subpart KK (NSPS)
  • Automobile and Light Duty Truck Surface Coating Operations, 40 CFR Part 60, Subpart MM (NSPS)
  • Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines, 40 CFR Part 60, Subpart TTT (NSPS)
  • Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources, 40 CFR Part 63, Subpart HHHHHH (NESHAP)
  • Dry Cleaning Facilities: National Perchloroethylene Air Emission Standards, 40 CFR Part 63, Subpart M (NESHAP)
  • Lead Acid Battery Manufacturing Area Sources, 40 CFR Part 63, Subpart PPPPPP (NESHAP)

The public is invited to comment on the proposed consent decree’s terms through regulations.gov.  All comments submitted are available to the public.

A copy of the proposed consent decree and the Federal Register notice with further details can be found under docket no. EPA-HQ-OGC-2020-0368.  Public comments on the proposed settlement agreement may be submitted to that online docket until August 24, 2020.

Waterkeeper Alliance, et al v. EPA – Safe Drinking Water Act Claims

In accordance with the Environmental Protection Agency (EPA) Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed settlement agreement to address several claims in a lawsuit filed by the Waterkeeper Alliance, Inc., Waterkeeper Chesapeake, Inc. and California Coastkeeper (d/b/a California Coastkeeper Alliance)(‘‘Plaintiffs’’) in the United States District Court for the Southern District of New York. On January 30, 2019, the Plaintiffs filed a complaint pursuant to the Safe Drinking Water Act and the Administrative Procedure Act seeking declaratory and injunctive relief to resolve the claims regarding EPA’s obligations to develop new and revised National Primary Drinking Water Regulations. Under the proposed settlement agreement, the EPA would agree to deadlines with respect to certain actions under the Safe Drinking Water Act.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public.

A copy of the proposed consent decree and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2020-0140. Public comments on the proposed settlement agreement may be submitted to that online docket until May 18, 2020.

Natural Resources Defense Council, et al v. EPA, et al - Comment period closed 03/04/20

In accordance with the EPA Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed consent decree to address claims in a lawsuit filed by the Natural Resources Defense Council, Clean Water Action, and the Environmental Justice Health Alliance for Chemical Policy Reform (collectively, “Plaintiffs”) in the United States District Court for the Southern District of New York. Natural Resources Defense Council, et. al v. United States Environmental Protection Agency, et. al, No. 1:19-cv-02516 (S.D.N.Y., filed Mar. 21, 2019). Plaintiffs filed a complaint alleging, inter alia, that the United States Environmental Protection Agency (‘‘EPA’’) had a duty under Clean Water Act (“CWA”) section 311(j)(5)(A)(i), to issue regulations that require an owner or operator of a non-transportation-related onshore “facility described in subparagraph (C) to prepare and submit to the President a plan for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge, of . . . a hazardous substance” (the “Hazardous Substance Worst Case Discharge Planning Regulations”) by August 18, 1992. The proposed consent decree would set deadlines for EPA to complete a notice of proposed rulemaking pertaining to the issuance of the Hazardous Substance Worst Case Discharge Planning Regulations, and for publication of a notice taking final action following notice and comment rulemaking pertaining to the issuance of Hazardous Substance Worst Case Discharge Planning Regulations.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov. All comments submitted are available to the public.

A copy of the proposed consent decree and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2019-0667. Public comments on the proposed settlement agreement may be submitted to that online docket until March 4, 2020.

Center for Biological Diversity, et al. v. Wheeler - Comment period closed 01/16/20

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 Center for Biological Diversity, et al., v. Wheeler, No. 4:19-cv-01544 (N.D. Cal.). On March 26, 2019, the Center for Biological Diversity and the Center for Environmental Health 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 take final action to make a determination whether the West Central Pinal nonattainment area attained the 2006 24-hour fine particulate matter (“PM2.5”) NAAQS by the attainment date and to take final action to promulgate a federal implementation plan (“FIP”) addressing certain deficiencies in the State of Arizona’s new source review program.  The EPA has already taken final action to find that the West Central Pinal nonattainment area attained the NAAQS.  Thus, the proposed consent decree would establish deadlines for EPA to take specified actions as to the remaining claim.

The public is invited to comment on the proposed consent decree’s terms through regulations.gov.  All comments submitted are available to the public.  

A copy of the proposed consent decree and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2019-0683.  Public comments on the proposed settlement agreement may be submitted to that online docket until January 16, 2020.

United States Steel Corporation v. EPA, Case Nos. 13–3595 (8th Cir. filed November 29, 2013), 16–2668 (8th Cir. filed June 13, 2016), and 18–1249 (8th Cir. filed February 1, 2018) - Comment period closed 10/11/19

In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), notice is hereby given of a proposed settlement agreement to resolve petitions for review filed by United States Steel Corporation (‘‘U.S Steel’’) with respect to U.S. Steel’s Minntac taconite facility, involving several actions taken by EPA with regard to nitrogen oxide (NOX) emission limits for Minntac. On November 29, 2013, June 13, 2016, and February 1, 2018, U.S. Steel filed petitions in the United States Court of Appeals for the Eighth Circuit challenging EPA’s 2013 Regional Haze (RH) Federal Implementation Plan (FIP) for Minnesota and Michigan; 2013 RH State Implementation Plan (SIP) partial disapprovals for Michigan and Minnesota; 2016 revised RH FIP for Michigan and Minnesota; and EPA’s denial of U.S. Steel’s petitions for reconsideration of the 2013 FIP, 2013 SIP partial disapprovals, and 2016 revised FIP. The Settlement Agreement would resolve U.S. Steel’s challenges to these actions, with respect to Minntac. Under the proposed settlement agreement, the parties agree to take certain specified actions.

The public is invited to comment on the proposed settlement agreement’s terms through regulations.gov.  All comments submitted are available to the public. A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2019-0519. Public comments on the proposed settlement agreement may be submitted to that online docket until October 11, 2019.

Center for Biological Diversity et. al., v. US EPA et al., No. 3:11 cv 0293 (N.D.Ca.) - Comment period closed 8/23/19

In accordance with the EPA Administrator’s October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, EPA is taking comment on a proposed stipulated partial settlement agreement in the case of Center for Biological Diversity et. al., v. United States Environmental Protection Agency et al., No. 3:11 cv 0293 (N.D. Cal.). Plaintiffs filed the original case on January 20, 2011, asserting a single claim against EPA for allegedly violating section 7(a)(2) of the Endangered Species Act (ESA) by failing to initiate and reinitiate consultation with the National Marine Fisheries Service and/or the United States Fish and Wildlife Service (the Services) with respect to its ongoing oversight of 382 pesticide active ingredients. After several motions and an appeal to the Ninth Circuit Court of Appeals that significantly narrowed the case, the plaintiffs filed their fourth amended complaint on June 29, 2018, alleging that EPA failed to initiate ESA section 7(a)(2) consultation for certain pesticide products containing 35 pesticide active ingredients. After several discussions, the parties reached the proposed stipulated partial settlement agreement that EPA is taking comment on beginning August 23, 2019. Among other provisions, this agreement would set a February 14, 2021, deadline for EPA to complete ESA section 7(a)(2) effects determination for carbaryl and methomyl, and, as appropriate, request initiation of any ESA section 7(a)(2) consultations with the Services that EPA may determine to be necessary as a result of those effects determinations. Additional deadlines would include August 14, 2021, for atrazine and simazine, and August 14, 2024, for brodifacoum, bromadiolone, warfarin, and zinc phosphide for EPA to complete effects determinations, and, as appropriate, request initiation of any ESA consultations with the Services. The stipulated partial settlement agreement would also include a meet and confer deadline of August 30, 2021, for all parties to discuss possible resolution of the remaining issues in this case.

A copy of the proposed stipulated partial settlement agreement and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2019-0478; FRL #: 9998-70-OGC. A 30-day public comment period begins on August 23, 2019.

ArcelorMittal Burns Harbor LLC v. US EPA - Comment period closed 7/24/19

In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is hereby given of a proposed settlement agreement to resolve a case filed by ArcelorMittal Burns Harbor, L.L.C. (“ArcelorMittal”), involving an EPA action on a State Implementation Plan (“SIP”) revision submitted by the State of Indiana.  On February 25, 2014, ArcelorMittal filed a petition with the United States Court of Appeals for the Seventh Circuit challenging EPA’s disapproval of Indiana’s SIP revision which would have removed the emissions limit for SO2 from the blast furnace gas flare at ArcelorMittal’s steel mill in Porter County, Indiana.  ArcelorMittal Burns Harbor LLC v. EPA (14-1412, 7th Cir.).  Under the proposed settlement agreement, the parties agree to take certain specified actions. 

The public is invited to comment on the proposed settlement agreement’s terms through regulations.gov.  All comments submitted are available to the public.

A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under Docket no. EPA-HQ-OGC-2018-0767. Public comments on the proposed settlement agreement may be submitted to that online docket until July 24, 2019.

Citizens for Clean Air, et al v. Wheeler, et al - Comment period closed 7/5/19

EPA is taking comment on a proposed consent decree in a lawsuit filed by Citizens for Clean Air, a project of Alaska Community Action on Toxics, and Sierra Club (Plaintiffs) in the United States District Court for the Western District of Washington. On December 17, 2018, Plaintiffs filed a complaint alleging that EPA failed to perform a mandatory duty to determine whether the State of Alaska (Alaska) has made a specific state implementation plan (SIP) submission. Alaska is required to make the submission at issue to meet “Serious area” SIP planning requirements for the Fairbanks nonattainment area for purposes of attaining the 2006 24-hour PM2.5 NAAQS. EPA has a statutory duty to make a completeness determination concerning whether a state has made a required SIP submission. The proposed consent decree would establish a deadline for EPA to make the determination whether Alaska made a complete SIP submission intended to meet the Serious area planning requirements for the Fairbanks area.

A copy of the proposed consent decree and the Federal Register notice with further details can be found at https://www.regulations.gov under Docket No. EPA-HQ-OGC-2019-0209. Public comment on the proposed consent decree may be submitted to that online docket until July 5, 2019.

Our Children’s Earth Foundation v. Wheeler - Comment period closed 4/4/19

EPA is taking comment on a proposed consent decree in a lawsuit filed by Our Children’s Earth Foundation (OCE) in the United States District Court for the Northern District of California. On August 7, 2018, Plaintiff filed a complaint alleging that the EPA failed to perform non-discretionary duties to review and if appropriate revise two new source performance standards (NSPS) under Clean Air Act section 111(b)(1)(B) and four national emission standards for hazardous air pollutants (NESHAP) under Clean Air Act section 112(d)(6). The standards OCE identified are:

  • Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels in Steel Plants, 40 CFR 60, Subparts AA & AAa (NSPS)
  • Bulk Gasoline Terminals, 40 CFR 60, Subpart XX (NSPS)
  • Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations), 40 CFR 63, Subpart R (NESHAP)
  • Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities, 40 CFR 63, Subpart BBBBBB (NESHAP)
  • Iron and Steel Foundries Area Sources, 40 CFR 63, Subpart ZZZZZ (NESHAP)
  • Wood Preserving Area Sources, 40 CFR 63, Subpart QQQQQQ (NESHAP)

The proposed consent decree would settle these claims and establish deadlines for EPA to undertake reviews for these six standards. A copy of the proposed partial consent decree and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2018-0848. Public comment on the proposed partial consent decree may be submitted to that online docket until April 4, 2019.

Sierra Club v. EPA - Comment period closed 3/25/19

EPA is taking comment on a proposed partial Consent Decree in a lawsuit filed by Sierra Club in the United States District Court for the District of Columbia. On October 19, 2017, Plaintiff filed a complaint alleging that the EPA failed to perform a non-discretionary duty to assess and report to Congress on the environmental and resource conservation impacts of the Energy Independence and Security Act’s Renewable Fuel Standard (RFS) program, failed to complete the required anti-backsliding study to determine whether the vehicle and engine air pollutant emissions changes resulting from the RFS program’s renewable fuel volumes adversely impact air quality, and failed to promulgate fuel regulations to implement appropriate measures to mitigate any such adverse impacts or make a determination that such regulations were unnecessary.  The proposed partial consent decree would establish a deadline for EPA to take action on the anti-backsliding study.

A copy of the proposed partial consent decree and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2018-0818. Public comment on the proposed partial consent decree may be submitted to that online docket until March 25, 2019.

On August 21, 2019, EPA and Plaintiff entered into a finalized settlement agreement. 

Ellis, et al. v. Keigwin, et al. - Comment period closed 1/11/19

On May 8, 2017, the U.S. District Court for the Northern District of California found that EPA had failed to comply with the consultation requirements of section 7(a)(2) of the Endangered Species Act (ESA) with respect to 59 products containing the insecticide active ingredients clothianidin and thiamethoxam. The proposed stipulation and stipulated notice of dismissal would settle the remedy proceeding in that matter. The proposed stipulation provides, among other things, that EPA would agree to complete ESA effects determinations by June 30, 2022, for its FIFRA registration reviews of clothianidin and thiamethoxam and, as appropriate, request initiation of ESA consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service.

A copy of the proposed stipulation and proposed stipulated notice of dismissal and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2018-0745. Public comment on the proposed order may be submitted on that online docket until January 11.

West Goshen Sewer Authority v. EPA, et al. - Comment period closed 9/20/18

EPA is taking comment on a proposed Second Interim Settlement Agreement in a lawsuit filed by the West Goshen Sewer Authority (WGSA) in the United States District Court for the Eastern District of Pennsylvania: West Goshen Sewer Authority v. EPA, et al.  On September 19, 2012, Plaintiff filed a complaint alleging that the EPA exceeded its statutory authority under the Clean Water Act and acted arbitrarily and capriciously when it established a “total maximum daily load” for Goose Creek in southeastern Pennsylvania. The proposed Second Interim Settlement Agreement would memorialize commitments by WGSA, among other things, to install a “CoMag” ballasted flocculation system at its wastewater treatment plant and achieve certain specified discharge limits for phosphorus. After a period of time, EPA would reassess the water quality of Goose Creek and decide whether to withdraw, revise or retain the Goose Creek TMDL.

A copy of the proposed settlement agreement and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2018-0591.Public comment on the proposed order may be submitted on that online docket until September 20.

Northwest Environmental Advocates v. EPA - Comment period closed 7/23/18

EPA is taking comment on a proposed stipulated order of partial dismissal (proposed order) to resolve several claims in Northwest Environmental Advocates v. United States Environmental Protection Agency before the United States District Court for the Western District of Washington, under section 7 of the Endangered Species Act (ESA) . Within three years of the entry of the proposed order, EPA will complete an ESA effects determination for its February 11, 2008 approval of Washington’s revisions to the State’s ammonia criteria and, as appropriate, request initiation of any necessary ESA consultation with the Fish & Wildlife Service and the National Marine Fisheries Service (the Services). If during that time, Washington submits revisions to the ammonia criteria and EPA intends to approve, EPA will complete an effects determination and, if appropriate, request initiation of any necessary ESA consultation with the Services within one year of submission or three years of the Court’s approval of the proposed order, whichever is later. The proposed order also includes commitments by the State of Washington to resolve claims under the Clean Water Act and the Administrative Procedure Act; however, EPA is not taking comment on those aspects of the proposed order.

A copy of the proposed order and the Federal Register notice with further details can be found under Docket No. EPA-HQ-OGC-2018-0378. Public comment on the proposed order may be submitted on that online docket until July 23.

 

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Last updated on December 2, 2024