Proposed Second Interim Settlement Agreement, Clean Water Act Claims, 42287-42288 [2018-17923]

Download as PDF Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices 80202–1129, and should reference the Eagle Mine Superfund Site. FOR FURTHER INFORMATION CONTACT: Kayleen Castelli, Enforcement Attorney, Legal Enforcement Program, Environmental Protection Agency— Region 8, Mail Code 8ENF–L, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 312–6174. Dated: August 1, 2018. Suzanne Bohan, Assistant Regional Administrator, Office of Enforcement, Compliance and Environmental Justice, U.S. Environmental Protection Agency, Region VIII. [FR Doc. 2018–18033 Filed 8–20–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2018–0591; FRL–9982–56– OGC] Proposed Second Interim Settlement Agreement, Clean Water Act Claims Environmental Protection Agency (EPA). ACTION: Notice; request for public comment. AGENCY: 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 Second Interim Settlement Agreement in a lawsuit filed by the West Goshen Sewer Authority (‘‘WGSA’’ or ‘‘Plaintiff’’) 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, inter alia, that the United States Environmental Protection Agency (‘‘EPA’’) exceeded its statutory authority 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. DATES: Written comments on the proposed Second Interim Settlement Agreement must be received by September 20, 2018. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 Submit your comments, identified by Docket ID number EPA– HQ–OGC–2018–0591, 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: Jim Curtin, Water Law Office (7451), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564–5482; email address: Curtin.James@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Additional Information About the Proposed Second Interim Settlement Agreement On June 30, 2008, EPA established a nutrient total maximum daily load (‘‘TMDL’’) for the Goose Creek Watershed in Chester and Delaware Counties, Pennsylvania. EPA established that TMDL pursuant to the April 9, 1997 Consent Decree entered in American Littoral Society, et al., v. EPA, No. 96–489 (E.D. Pa.). Among other things, the TMDL assigned wasteload allocations (‘‘WLAs’’) for phosphorus to Goose Creek’s point source dischargers, WGSA’s wastewater treatment plant being the largest. WGSA filed a complaint against EPA on September 19, 2012, alleging that in establishing the Goose Creek TMDL EPA failed to comply with requirements of the Clean Water Act (CWA) and Administrative Procedure Act (APA). In July 2013, the Court granted intervener PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 42287 status to the Delaware Riverkeeper Network (‘‘DRN’’). The Court placed the case in ‘‘civil suspense’’ following the parties’ execution in January 2014 of a first ‘‘Interim Settlement Agreement’’ (‘‘the 2014 Agreement’’) under which EPA reassessed the water quality of Goose Creek and WGSA made voluntary improvements in its operations to achieve phosphorus reductions. The parties have now reached agreement on the terms of a ‘‘Second Interim Settlement Agreement’’ in which (1) WGSA commits, among other things, to install a ‘‘CoMag’’ ballasted flocculation system at its wastewater treatment plant and achieve certain specified discharge limits for phosphorus and (2) EPA commits to reassess the water quality of Goose Creek and decide whether to withdraw, revise or retain the Goose Creek TMDL. For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed Second Interim Settlement Agreement 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 hearing on whether to enter into the proposed Second Interim Settlement Agreement. EPA or the Department of Justice may withdraw or withhold consent to the proposed Second Interim Settlement Agreement 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 Second Interim Settlement Agreement should be withdrawn, the parties intend to sign the Agreement and inform the Court. II. Additional Information About Commenting on the Proposed Second Interim Settlement Agreement A. How can I get a copy of the proposed Second Interim Settlement Agreement? The official public docket for this action (identified by EPA–HQ–OGC– 2018–0591) contains a copy of the proposed Second Interim Settlement Agreement. 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 E:\FR\FM\21AUN1.SGM 21AUN1 42288 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES 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 www.epa.gov/dockets 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. 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. 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, AGENCY: VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 Dated: August 10, 2018. Steven Neugeboren, Associate General Counsel. [FR Doc. 2018–17923 Filed 8–20–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OEI–2006–0037; FRL–9982–33– OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Exchange Network Grants Progress Reports (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. The Environmental Protection Agency has submitted an information collection request (ICR), Exchange Network Grants Progress Reports (EPA ICR No. 2207.07, OMB Control No. 2025–0006) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through August 31, 2018. Public comments were previously requested via the Federal Register on March 5, 2018 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Additional comments may be submitted on or before September 20, 2018. ADDRESSES: Submit your comments, referencing Docket ID Number EPA– HQ–OEI–2006–0037, to (1) EPA online using www.regulations.gov (our preferred method), by email to oira_ submission@omb.eop.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to oira_submission@omb.eop.gov. Address comments to OMB Desk Officer for EPA. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Edward Mixon, Information Exchange Services Division, Office of Information Management (2823T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202–566–2142; fax number: 202–566–1684; email address: mixon.edward@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/ dockets. Abstract: Under the U.S. EPA National Environmental Information Exchange Network (NEIEN) Grant Program, EPA collects information from the NEIEN grantees on assistance agreements that EPA has awarded. Specifically, for each project, EPA proposes to have grantees submit semiannual reports on the progress and current status of each goal and output, completion dates for outputs, and any problems encountered. This information will help EPA ensure projects are on schedule to meet their goals and produce high quality environmental results. New award recipients will complete one Quality Assurance Reporting Form for each award. This form provides a simple means for grant recipients to describe how quality will DATES: E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42287-42288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17923]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2018-0591; FRL-9982-56-OGC]


Proposed Second Interim Settlement Agreement, Clean Water Act 
Claims

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

-----------------------------------------------------------------------

SUMMARY: 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 
Second Interim Settlement Agreement in a lawsuit filed by the West 
Goshen Sewer Authority (``WGSA'' or ``Plaintiff'') 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, inter alia, that the United States Environmental 
Protection Agency (``EPA'') exceeded its statutory authority 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.

DATES: Written comments on the proposed Second Interim Settlement 
Agreement must be received by September 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2018-0591, 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: Jim Curtin, Water Law Office (7451), 
Office of General Counsel, U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564-5482; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Second Interim Settlement 
Agreement

    On June 30, 2008, EPA established a nutrient total maximum daily 
load (``TMDL'') for the Goose Creek Watershed in Chester and Delaware 
Counties, Pennsylvania. EPA established that TMDL pursuant to the April 
9, 1997 Consent Decree entered in American Littoral Society, et al., v. 
EPA, No. 96-489 (E.D. Pa.). Among other things, the TMDL assigned 
wasteload allocations (``WLAs'') for phosphorus to Goose Creek's point 
source dischargers, WGSA's wastewater treatment plant being the 
largest.
    WGSA filed a complaint against EPA on September 19, 2012, alleging 
that in establishing the Goose Creek TMDL EPA failed to comply with 
requirements of the Clean Water Act (CWA) and Administrative Procedure 
Act (APA). In July 2013, the Court granted intervener status to the 
Delaware Riverkeeper Network (``DRN'').
    The Court placed the case in ``civil suspense'' following the 
parties' execution in January 2014 of a first ``Interim Settlement 
Agreement'' (``the 2014 Agreement'') under which EPA reassessed the 
water quality of Goose Creek and WGSA made voluntary improvements in 
its operations to achieve phosphorus reductions. The parties have now 
reached agreement on the terms of a ``Second Interim Settlement 
Agreement'' in which (1) WGSA commits, among other things, to install a 
``CoMag'' ballasted flocculation system at its wastewater treatment 
plant and achieve certain specified discharge limits for phosphorus and 
(2) EPA commits to reassess the water quality of Goose Creek and decide 
whether to withdraw, revise or retain the Goose Creek TMDL.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed Second Interim Settlement Agreement 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 hearing on whether 
to enter into the proposed Second Interim Settlement Agreement. EPA or 
the Department of Justice may withdraw or withhold consent to the 
proposed Second Interim Settlement Agreement 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 Second Interim Settlement 
Agreement should be withdrawn, the parties intend to sign the Agreement 
and inform the Court.

II. Additional Information About Commenting on the Proposed Second 
Interim Settlement Agreement

A. How can I get a copy of the proposed Second Interim Settlement 
Agreement?

    The official public docket for this action (identified by EPA-HQ-
OGC-2018-0591) contains a copy of the proposed Second Interim 
Settlement Agreement. 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

[[Page 42288]]

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 www.epa.gov/dockets 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: August 10, 2018.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2018-17923 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P
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