US EPA Notice of New Proposed Consent Decree

US EPA Notice of New Proposed Consent Decree

The U.S. Environmental Protection Agency (EPA) has recently published a notice in the Federal Register (86 Fed. Reg. 38074, July 19, 2021) regarding a proposed consent decree related to Environmental Integrity Project v. Regan, No. 1:21–cv–00009 (D. D.C.).  On July 19, 2021, EPA opened docket number EPA–HQ–OGC–2021–0404, available at https://www.regulations.gov/document/EPA-HQ-OGC-2021-0404-0001, to receive public comments on this proposal.  The Federal Register notice and the text of the proposed consent decree are available in the docket.  The comment period is open until August 18, 2021.

Under the terms of the proposed consent decree, EPA would respond to various petitions submitted to the Agency under Title V of the Clean Air Act concerning operating permits issued to various sources by the Texas Commission on Environmental Quality.  EPA would respond to the petitions in accordance with a schedule setting various dates, with a final or ultimate deadline of January 31, 2022. 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..

EPA encourages your participation in the public comment process on the proposed consent decree mentioned above.  Please submit any comments to EPA docket number EPA–HQ–OGC–2021–0404 by August 18, 2021, pursuant to the process outlined in the Federal Register notice.  We welcome all comments that you may have, including comments indicating concurrence.  Any comments received by EPA via email or other means outside of the regulations.gov platform will be directed to the docket where they will be available for public viewing.  You are under no obligation to submit comments, and this notice does not require you to take any action.

A copy of the proposed consent decree can be found here: https://www.regulations.gov/document/EPA-HQ-OGC-2021-0404-0002.

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

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