Regulacje i polityka gospodarcza · 20.10.2023

Proposed Consent Decree, Clean Air Act Citizen Suit

In accordance with section 113(g) of 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 California Communities Against Toxics v. Regan, No. 1:22-cv- 1457 (D.D.C.). On May 24, 2022, 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 (collectively, "Plaintiffs") filed a complaint in the United States District Court for the District of Columbia 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.