Proposed Stipulated Order of Partial Dismissal, Endangered Species Act Claims, 29113-29114 [2018-13572]
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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
review and discuss existing information
and identify preliminary information
and study needs; (4) review and discuss
the process plan and schedule for prefiling activity that incorporates the time
frames provided for in Part 5 of the
Commission’s regulations and, to the
extent possible, maximizes coordination
of federal, state, and tribal permitting
and certification processes; and (5)
discuss the appropriateness of any
federal or state agency or Indian tribe
acting as a cooperating agency for
development of an environmental
document.
Meeting participants should come
prepared to discuss their issues and/or
concerns. Please review the PAD in
preparation for the scoping meetings.
Directions on how to obtain a copy of
the PAD and SD1 are included in item
n. of this document.
Meeting Procedures
The meetings will be recorded by a
stenographer and will be placed in the
public records of the project.
Dated: June 15, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018–13368 Filed 6–21–18; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OGC–2018–0378; FRL–9979–73–
OGC]
Proposed Stipulated Order of Partial
Dismissal, Endangered Species Act
Claims
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed stipulated
order of partial dismissal; request for
public comment.
AGENCY:
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 the
Northwest Environmental Advocates
(‘‘Plaintiff’’) in the United States District
Court for the Western District of
Washington: Northwest Environmental
Advocates v. United States
Environmental Protection Agency, No.
2:14–cv–0196. On September 1, 2015,
Plaintiff filed an amended complaint
alleging, inter alia, that the United
States Environmental Protection Agency
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
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17:16 Jun 21, 2018
Jkt 244001
(‘‘EPA’’) 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 water quality
standards adopted by Washington and
approved by the EPA. The proposed
stipulated order of partial dismissal
would set a deadline for EPA to
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 Services.
DATES: Written comments on the
proposed stipulated order of partial
dismissal must be received by July 23,
2018.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2018–0378, online at
www.regulations.gov (EPA’s preferred
method). For comments submitted at
www.regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically 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 generally
will 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, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Thomas Glazer, Water Law Office
(7426N), Office of General Counsel, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone: (202) 564–0908; email
address: Glazer.Thomas@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Stipulated Dismissal
On February 10, 2014, Plaintiff filed
suit in the federal district court for the
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29113
Western District of Washington.
Plaintiff’s original Complaint brought
five claims alleging violations of ESA
section 7, CWA section 303(c), and the
Administrative Procedures Act
(‘‘APA’’). Following EPA’s motion to
partially dismiss on statute of
limitations grounds, NWEA filed an
Amended Complaint on September 1,
2015, which alleges four broad sets of
claims. Plaintiff’s first claim alleges that,
on February 11, 2008, EPA approved
revised State of Washington Department
of Ecology (Washington) water quality
standards involving metals conversion
factors and ammonia criteria without
initiating consultation under ESA
section 7(a)(2) in contravention of the
ESA. Plaintiffs’ second claim alleges
that the listing of new species,
designation of new critical habit, and
Washington’s completion of a 2009
study regarding dissolved oxygen all
triggered an obligation for EPA to
reinitiate consultation on various
natural conditions criteria provisions
pertaining to temperature and dissolved
oxygen that EPA approved on February
11, 2008.
The proposed stipulated order of
partial dismissal would resolve these
ESA claims. As described in paragraph
three of the proposed stipulated order of
dismissal, within three years, EPA will
complete an ESA effects determination
pursuant to 50 CFR 402.14(a) 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 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 stipulated order of dismissal,
whichever is later. Portions of claims
three and four would also be dismissed
in exchange for commitments by
Washington, but EPA is not taking
comment on those aspects of the
proposed stipulated order of partial
dismissal. See the proposed stipulated
order of partial dismissal for specific
details.
For a period of thirty (30) days
following the date of publication of this
notice, the Agency will accept written
comments relating to the resolution of
the ESA claims contained in the
proposed stipulated order of partial
dismissal from persons who are not
named as parties or intervenors to the
litigation in question. If so requested,
EPA will also consider holding a public
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29114
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
hearing on whether to enter into the
proposed stipulated order of partial
dismissal. EPA or the Department of
Justice may withdraw or withhold
consent to the proposed stipulated order
of partial dismissal if the comments
disclose facts or considerations that
indicate that such consent is
inappropriate, improper, inadequate, or
inconsistent with the requirements of
the Act. Unless EPA or the Department
of Justice determines that consent to this
proposed stipulated order of partial
dismissal should be withdrawn, the
terms of the proposed stipulated order
of partial dismissal will be affirmed and
entered with the Court.
daltland on DSKBBV9HB2PROD with NOTICES
II. Additional Information About
Commenting on the Proposed
Stipulated Order of Partial Dismissal
A. How can I get a copy of the proposed
stipulated order of partial dismissal?
The official public docket for this
action (identified by EPA–HQ–OGC–
2018–0378) contains a copy of the
proposed stipulated order of partial
dismissal. 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.
An electronic version of the public
docket is available on EPA’s website at
[Insert URL] and also 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.’’ It is important to note that
EPA’s policy is that public comments,
whether submitted electronically or in
paper, will be made available for public
viewing online at www.regulations.gov
without change, unless the comment
contains copyrighted material, CBI, or
other information whose disclosure is
restricted by statute. Information
claimed as CBI and other information
whose disclosure is restricted by statute
is not included in the official public
docket or in the electronic public
docket.
EPA’s policy is that copyrighted
material, including copyrighted material
VerDate Sep<11>2014
17:16 Jun 21, 2018
Jkt 244001
contained in a public comment, will not
be placed in EPA’s electronic public
docket but will be available only in
printed, paper form in the official public
docket. Although not all docket
materials may be available
electronically, you may still access any
of the publicly available docket
materials through the EPA Docket
Center.
B. How and to whom do I submit
comments?
You may submit comments as
provided in the ADDRESSES section.
Please ensure that your comments are
submitted within the specified comment
period.
If you submit an electronic comment,
EPA recommends that you include your
name, mailing address, and an email
address or other contact information in
the body of your comment and with any
disk or CD ROM you submit. This
ensures that you can be identified as the
submitter of the comment and allows
EPA to contact you in case 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 EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Use of the www.regulations.gov
website to submit comments to EPA
electronically is EPA’s preferred method
for receiving comments. The electronic
public docket system is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity, email address,
or other contact information unless you
provide it in the body of your comment.
In contrast to EPA’s electronic public
docket, EPA’s electronic mail (email)
system is not an ‘‘anonymous access’’
system. If you send an email comment
directly to the Docket without going
through www.regulations.gov, your
email address is automatically captured
and included as part of the comment
that is placed in the official public
docket, and made available in EPA’s
electronic public docket.
Dated: June 11, 2018.
Steven Neugeboren,
Associate General Counsel.
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OECA–2011–0234; FRL–9979–
30–OECA]
Proposed Information Collection
Request; Comment Request;
Correction
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Notice; correction.
The Environmental Protection
Agency (EPA) issued a document in the
Federal Register of May 30, 2018,
concerning EPA’s planned submission
of 73 existing Information Collection
Requests (ICRs) to the Office of
Management and Budget (OMB) for
review and renewed approval under the
Paperwork Reduction Act (PRA). Item
number 37, entitled: ‘‘NESHAP for
Petroleum Refineries (40 CFR part 63,
subpart CC)’’ and identified by EPA ICR
No. 1692.10 and OMB Control No.
2060–0340, represents the renewal of an
existing ICR that is scheduled to expire
on May 31, 2019. There was an error in
the Docket ID Number. This document
corrects that typographical error.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Patrick Yellin, Monitoring, Assistance,
and Media Programs Division, Office of
Compliance, Mail Code 2227A,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: (202) 564–
2970; fax number: (202) 564–0050;
email address: yellin.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of May 30,
2018, in FR Doc. 2018–11583, on page
24790, in the first column, 31st line,
entry ‘‘[37]’’ to read:
[37] Docket ID Number: EPA–HQ–
OECA–2011–0234; Title: NESHAP for
Petroleum Refineries (40 CFR part 63,
subpart CC) (Renewal); EPA ICR
Number 1692.10; OMB Control Number
2060–0340; Expiration Date: May 31,
2019.
Dated: May 30, 2018.
Martha Segall,
Acting Director, Monitoring, Assistance and
Media Programs Division, Office of
Compliance.
[FR Doc. 2018–13468 Filed 6–21–18; 8:45 am]
[FR Doc. 2018–13572 Filed 6–21–18; 8:45 am]
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]]>Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29113-29114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13572]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2018-0378; FRL-9979-73-OGC]
Proposed Stipulated Order of Partial Dismissal, Endangered
Species Act Claims
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed stipulated order of partial dismissal;
request for public comment.
-----------------------------------------------------------------------
SUMMARY: 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 the Northwest
Environmental Advocates (``Plaintiff'') in the United States District
Court for the Western District of Washington: Northwest Environmental
Advocates v. United States Environmental Protection Agency, No. 2:14-
cv-0196. On September 1, 2015, Plaintiff filed an amended complaint
alleging, inter alia, that the United States Environmental Protection
Agency (``EPA'') 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 water quality standards adopted by Washington and approved by
the EPA. The proposed stipulated order of partial dismissal would set a
deadline for EPA to 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 Services.
DATES: Written comments on the proposed stipulated order of partial
dismissal must be received by July 23, 2018.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2018-0378, online at www.regulations.gov (EPA's preferred method).
For comments submitted at www.regulations.gov, follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically 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
generally will 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, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Thomas Glazer, Water Law Office
(7426N), Office of General Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone:
(202) 564-0908; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Stipulated Dismissal
On February 10, 2014, Plaintiff filed suit in the federal district
court for the Western District of Washington. Plaintiff's original
Complaint brought five claims alleging violations of ESA section 7, CWA
section 303(c), and the Administrative Procedures Act (``APA'').
Following EPA's motion to partially dismiss on statute of limitations
grounds, NWEA filed an Amended Complaint on September 1, 2015, which
alleges four broad sets of claims. Plaintiff's first claim alleges
that, on February 11, 2008, EPA approved revised State of Washington
Department of Ecology (Washington) water quality standards involving
metals conversion factors and ammonia criteria without initiating
consultation under ESA section 7(a)(2) in contravention of the ESA.
Plaintiffs' second claim alleges that the listing of new species,
designation of new critical habit, and Washington's completion of a
2009 study regarding dissolved oxygen all triggered an obligation for
EPA to reinitiate consultation on various natural conditions criteria
provisions pertaining to temperature and dissolved oxygen that EPA
approved on February 11, 2008.
The proposed stipulated order of partial dismissal would resolve
these ESA claims. As described in paragraph three of the proposed
stipulated order of dismissal, within three years, EPA will complete an
ESA effects determination pursuant to 50 CFR 402.14(a) 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 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
stipulated order of dismissal, whichever is later. Portions of claims
three and four would also be dismissed in exchange for commitments by
Washington, but EPA is not taking comment on those aspects of the
proposed stipulated order of partial dismissal. See the proposed
stipulated order of partial dismissal for specific details.
For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
resolution of the ESA claims contained in the proposed stipulated order
of partial dismissal from persons who are not named as parties or
intervenors to the litigation in question. If so requested, EPA will
also consider holding a public
[[Page 29114]]
hearing on whether to enter into the proposed stipulated order of
partial dismissal. EPA or the Department of Justice may withdraw or
withhold consent to the proposed stipulated order of partial dismissal
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this proposed stipulated order of
partial dismissal should be withdrawn, the terms of the proposed
stipulated order of partial dismissal will be affirmed and entered with
the Court.
II. Additional Information About Commenting on the Proposed Stipulated
Order of Partial Dismissal
A. How can I get a copy of the proposed stipulated order of partial
dismissal?
The official public docket for this action (identified by EPA-HQ-
OGC-2018-0378) contains a copy of the proposed stipulated order of
partial dismissal. 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.
An electronic version of the public docket is available on EPA's
website at [Insert URL] and also 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.'' It is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing online at www.regulations.gov
without change, unless the comment contains copyrighted material, CBI,
or other information whose disclosure is restricted by statute.
Information claimed as CBI and other information whose disclosure is
restricted by statute is not included in the official public docket or
in the electronic public docket.
EPA's policy is that copyrighted material, including copyrighted
material contained in a public comment, will not be placed in EPA's
electronic public docket but will be available only in printed, paper
form in the official public docket. Although not all docket materials
may be available electronically, you may still access any of the
publicly available docket materials through the EPA Docket Center.
B. How and to whom do I submit comments?
You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period.
If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case 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 EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
Use of the www.regulations.gov website to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
Dated: June 11, 2018.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2018-13572 Filed 6-21-18; 8:45 am]
BILLING CODE 6560-50-P
