Proposed Consent Decree; Clean Air Act Citizen Suit
In accordance with the Clean Air Act, as amended (CAA or the "Act"), notice is given of a proposed consent decree in Center for Biological Diversity and Center for Environmental...
Notice of proposed consent decree; request for public comment.
SUMMARY:
In accordance with the Clean Air Act, as amended (CAA or the “Act”), notice is given of a proposed consent decree in
Center for Biological Diversity and Center for Environmental Health
v.
Lee Zeldin, No. 4:25-cv-10007-JST.
On November 20, 2025, and December 24, 2025, Plaintiffs Center for Biological Diversity and the Center for Environmental Health filed a complaint and amended complaint, respectively, in the United States District Court, Northern District of California, Oakland Division, alleging that the Environmental Protection Agency (EPA) failed to perform certain non-discretionary duties in accordance with the Act to take final action on certain state implementation plan (SIP) revisions submitted by the States of California and Colorado pertaining to the 2008 and 2015 ozone national ambient air quality standards (NAAQS). The EPA is providing notice of this proposed consent decree, which would resolve all remaining claims in the case by establishing deadlines for the EPA to take final action as specified in the decree.
DATES:
Written comments on the proposed consent decree must be received by October 26, 2026.
ADDRESSES:
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2026-7625, online at
www.regulations.gov
(the EPA's preferred method). Follow the online instructions for submitting comments.
Instructions:
All submissions received must include the Docket ID number for this action. Comments received may be posted without change to
www.regulations.gov,
including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the “Additional Information about Commenting on the Proposed Consent Decree” heading under the
SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Corin James, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone (202) 564-1754; email address
james.corin01@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Consent Decree
The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2026-7625) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744 and the telephone number for the OEI Docket is (202) 566-1752.
The electronic version of the public docket for this action contains a copy of the proposed consent decree and is available through
www.regulations.gov.
You may use
www.regulations.gov
to submit or view public comments, access the index listing of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search.”
II. Additional Information About the Proposed Consent Decree
The proposed consent decree would establish deadlines for final actions on the portions of SIP submissions as described in the proposed consent decree by the associated deadlines. These include:
1. A notice of final rulemaking to approve, disapprove, conditionally approve, or approve in part and conditionally approve or disapprove in part, portions of the June 26, 2023 SIP submission as described in the proposed consent decree. This June 26, 2023 SIP submission addresses, among other revisions, nonattainment planning requirements for the Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado Severe nonattainment area with respect to the 2008 Ozone NAAQS; nonattainment planning requirements for the Denver Metro/North Front Range Moderate nonattainment area with respect to the 2015 Ozone NAAQS (which is now classified as Serious); revisions to the State's Regulation 3 including processing fees, hazardous air pollutants, and other revisions; revisions to the State's Regulation 7 including SIP strengthening measures, gasoline tank truck testing requirements, and other revisions; revisions to the Common Provisions; and revisions to the Motor Vehicle Emissions Budgets and Transportation Conformity with respect to the 2015 Ozone NAAQS. The deadlines for action on different portions of the June 23, 2026 Colorado SIP submission include July 9, 2027; August 31, 2027; and December 17, 2027.
See
the proposed consent decree located in the docket for this rulemaking for a full list of the SIP revisions on which the appropriate EPA official will sign a final action and each associated deadline.
2. A notice of final rulemaking to approve a SIP revision submitted to the EPA by the State of Colorado, promulgate a Federal Implementation Plan (FIP), or approve in part a revised SIP revision and promulgate a partial FIP to address the deficiencies identified in the EPA's limited disapproval of certain portions of SIP submissions submitted by the State of Colorado on May 14, 2018; May 13, 2020; March 22, 2021; May 18, 2021; and May 20, 2022, which were intended to address certain Reasonably Available Control Technology (RACT) requirements for the Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado area's prior status as a Serious nonattainment area for the 2008 Ozone NAAQS,
see88 FR 29827 (May 9, 2023), no later than August 31, 2027.
3. A notice of final rulemaking to approve a SIP revision submitted to the EPA by the State of California, promulgate a FIP, or approve in part a revised SIP revision and promulgate a partial FIP to address the deficiencies identified in the EPA's limited disapproval of CARB's Oil and Gas Methane Rule,
see87 FR 59314, no later than March 15, 2028.
The proposed consent decree would also require the EPA to send notice of each action to the Office of the Federal Register for review and publication in the
Federal Register
no later than 15 business days after signature.
In accordance with section 113(g) of the CAA, for a period of thirty (30) days following the date of publication of this document, the EPA will accept written comments relating to the proposed consent decree. The EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.
( printed page 60620)
III. Additional Information About Commenting on the Proposed Consent Decree
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2026-7625, via
www.regulations.gov.
Once submitted, comments cannot be edited or removed from this docket. The EPA may publish any comment received to its public docket. Do not submit to the EPA's docket at
www.regulations.gov
any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video,
etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (
i.e.,
on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit
www.epa.gov/​dockets/​commenting-epa-dockets.
For additional information about submitting information identified as CBI, please contact the person listed in the
FOR FURTHER INFORMATION CONTACT
section of this document. Note that written comments containing CBI and submitted by mail may be delayed and deliveries or couriers will be received by scheduled appointment only.
If you submit an electronic comment, the EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. This ensures that you can be identified as the submitter of the comment and allows the EPA to contact you in case the EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket and made available in EPA's electronic public docket. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment.
Use of the
www.regulations.gov
website to submit comments to the EPA electronically is the EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means the EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment.
Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” The EPA is not required to consider these late comments.