Proposed Settlement Agreements, Clean Water Act Claims, 71407-71409 [2019-28014]

Download as PDF Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at https://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. This filing is accessible on-line at https://www.ferc.gov, using the eLibrary link and is available for electronic review in the Commission’s Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5:00 p.m. Eastern Time on December 7, 2019. Dated: December 18, 2019. Nathaniel J. Davis, Sr., Deputy Secretary. Ellen Brown may be reached by email at DataClearance@FERC.gov, telephone at (202) 502–8663, and fax at (202) 273– 0873. SUPPLEMENTARY INFORMATION: The PRA renewal process for FERC–574 is ongoing. To ensure that OMB approval of the current information collection remains active during the PRA renewal process, FERC has submitted a request to the OMB for short term emergency extension. Title: FERC–574 (Gas Pipeline Certificates: Hinshaw Exemption). OMB Control No.: 1902–0116. Docket No. for Ongoing PRA Renewal: IC20–3–000. FERC submitted written 1 and electronic formal requests to OMB on December 16, 2019, for an emergency three-month extension (to March 31, 2020). The request is pending at OMB. Dated: December 18, 2019. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2019–27876 Filed 12–26–19; 8:45 am] BILLING CODE 6717–01–P Federal Energy Regulatory Commission Environmental Protection Agency (EPA). ACTION: Notice of public federal advisory committee teleconference. [Docket No. IC20–3–000] SUMMARY: AGENCY: DEPARTMENT OF ENERGY Commission Information Collection Activities; Request for Emergency Extension for FERC–574 Federal Energy Regulatory Commission, DOE. ACTION: Notice of request for emergency extension. AGENCY: In compliance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on FERC–574 (Gas Pipeline Certificates: Hinshaw Exemption). FERC submitted a request to the Office of Management and Budget (OMB) for short term emergency extension for FERC–574 to ensure it remains active while FERC completes the pending PRA renewal process. No changes are being made to the reporting and recordkeeping requirements. SUMMARY: VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 Dated: December 12, 2019. Nica Louie, Environmental Health Scientist. [FR Doc. 2019–28011 Filed 12–26–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY Proposed Settlement Agreements, Clean Water Act Claims Environmental Protection Agency (EPA). ACTION: Notice; request for public comment. AGENCY: ENVIRONMENTAL PROTECTION AGENCY Notice of Meeting of the EPA Children’s Health Protection Advisory Committee (CHPAC) BILLING CODE 6717–01–P public. An agenda will be posted to https://www.epa.gov/children/ childrens-health-protection-advisorycommittee-chpac. Purpose of Meeting: The purpose of this teleconference is to discuss and finalize CHPAC’s risk communication comment letter to the EPA Administrator. Access and Accommodations: For information on access or services for individuals with disabilities, please contact Nica Louie at 202–564–7633 or louie.nica@epa.gov. [EPA–HQ–OGC–2019–0685; FRL–10003–78– OGC] [FRL–10003–72–OA] [FR Doc. 2019–27880 Filed 12–26–19; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: 71407 Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given that the Children’s Health Protection Advisory Committee (CHPAC) will hold a public teleconference on January 15th, 2020 from 10:30 a.m. to 12:00 p.m. EST. The Children’s Health Protection Advisory Committee is a federal advisory committee which advises EPA on science, regulations and other issues relating to children’s environmental health. DATES: January 15, 2020 from 10:30 a.m. to 12:00 p.m. EST. FOR FURTHER INFORMATION CONTACT: Nica Louie, Office of Children’s Health Protection, U.S. EPA, MC 1107T, 1200 Pennsylvania Avenue NW, Washington, DC 20460, (202) 564–7633 or louie.nica@epa.gov. SUPPLEMENTARY INFORMATION: The meetings of the CHPAC are open to the 1 The PO 00000 FERC letter is dated December 12, 2019. Frm 00060 Fmt 4703 Sfmt 4703 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 three proposed settlement agreements to address petitions for review of EPA’s final National Pollutant Discharge Elimination System (NPDES) general permits for discharges of stormwater from Small Municipal Separate Storm Sewer System (MS4) in Massachusetts and New Hampshire under Clean Water Act (CWA). The proposed settlements represent the results of mediation supervised by the U.S. Court of Appeals for the District of Columbia Circuit Mediation Program between EPA and petitioners the National Association of Homebuilders (NAHB), the Home Builders and Remodelers Association of Massachusetts, Inc. (HBRAMA), the New Hampshire Home Builders Association (NHHBA), the Center for Regulatory Reasonableness (CRR), the Massachusetts Coalition for Water Resources Stewardship (MCWRS), the Town of Franklin, Massachusetts, (Franklin), the City of Lowell, Massachusetts (Lowell), the Conservation Law Foundation (CLF), and the Charles River Watershed SUMMARY: E:\FR\FM\27DEN1.SGM 27DEN1 71408 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices Association (CRWA). Two of the proposed settlement agreements include commitments for EPA to propose certain modifications to the 2016 Massachusetts Small MS4 General Permit and the 2017 New Hampshire Small MS4 General Permit, and then to take final action on each proposal. The third settlement agreement commits EPA to process an individual small MS4 permit application from the City of Lowell, Massachusetts. Written comments on the proposed settlement agreements must be received by January 27, 2020. DATES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2019–0685, 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 persons 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. ADDRESSES: jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Peter Z. Ford, Water Law Office, Office of General Counsel, (2355A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564–5593; email address: ford.peter@epa.gov; or Erin Flannery-Keith, Office of Regional Counsel, Region 1, Environmental Protection Agency, 5 Post Office Square, Boston, MA 02109; telephone: (617) 918–1096; email address: flannerykeith.erin@epa.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 I. Additional Information About the Proposed Settlement Agreements On April 4, 2016, EPA issued a final NPDES general permit for discharges of stormwater from small MS4s in Massachusetts (the MA MS4 Permit) under Clean Water Act (CWA) section 402(p). 33 U.S.C. 1342(p). On July 18, 2016, the Center for Regulatory Reasonableness (CRR) filed a petition for review of the permit in the U.S. Court of Appeals for the D.C. Circuit. CLF, CRWA, MCWRS, Franklin, NAHB, HBRAMA, and the City of Lowell also filed petitions for review of the permit, all of which were consolidated with CRR’s petition in the D.C. Circuit. Center for Regulatory Reasonableness, et al. v. EPA, No. 16–1246 (D.C. Cir.) (2016 Massachusetts Small MS4 General Permit consolidated cases). On January 18, 2017, EPA issued a final NPDES general permit for discharges of stormwater from small MS4s in New Hampshire (the NH MS4 Permit). On February 1, 2017, CLF filed a petition for review of the permit in the U.S. Court of Appeals for the First Circuit. CRR, NAHB, and NHHBA later filed petitions for review in the D.C. Circuit. The First Circuit then transferred the CLF petition to the D.C. Circuit, where the D.C. Circuit consolidated it with the CRR, NAHB, and NHHBA petitions. Center for Regulatory Reasonableness et. al v. EPA, Conservation Law Foundation, Intervenor No. 17–1060 (D.C. Cir.) (2017 New Hampshire Small MS4 General Permit consolidated cases). The parties to both cases entered into mediation in 2017, and the D.C. Circuit has held the cases in abeyance during that time. The first two proposed settlement agreements describe the modifications that EPA would propose to the MA MS4 Permit and NH MS4 Permit. The proposed permit modifications would reflect the substantive agreements that parties reached during mediation. The agreements also specify that EPA would take final action on each proposed modification within nine months of the Agency’s posting of the notice of availability (NOA) of the Draft Permit Modifications on its website and in the Federal Register; that petitioners would then dismiss their current petitions for review with prejudice; and that petitioners would agree not to challenge EPA’s respective final actions if they modify the permits in a manner substantially similar to the proposed modifications (with one exception, discussed in the New Hampshire settlement agreement). The third settlement agreement commits Lowell, Massachusetts to voluntarily dismiss its PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 petition without prejudice and commits EPA to process Lowell’s individual permit application and then to take final action on Lowell’s individual permit application, taking into consideration Lowell’s application materials, public comments, and any additional information obtained in the course of the permit proceeding, in accordance with 40 CFR part 124. For a period of thirty (30) days following the date of publication of this action, the Agency will accept written comments on the proposed settlement agreements 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 settlement agreements. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreements 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 these proposed settlement agreements should be withdrawn, EPA will agree to the terms of the proposed settlement agreements and so inform the Court. In this action, EPA is soliciting comment only as to whether to enter the settlement agreements. EPA’s planned proposed permit modifications to the Massachusetts and New Hampshire permits and statements of basis describing those proposed modifications are attached as Exhibits A and B to the Massachusetts and New Hampshire settlement agreements. EPA will subsequently offer the public the opportunity to comment on those proposed permit modifications pursuant to the regular permitting process as specified in 40 CFR part 124. The parties may execute the settlement agreements after this 30-day public notice period concludes. Following any Office of Management and Budget (OMB) review of the proposed Massachusetts and New Hampshire permit modifications, EPA will promptly transmit for publication in the Federal Register notices of availability (NOAs) of the proposed modifications to the two permits that are the same as the documents marked Exhibit A to both the Massachusetts and New Hampshire proposed settlement agreements, excepting non-substantive or typographical corrections. EPA will post the Draft Permit Modifications and accompanying fact sheets, see 40 CFR 124.8, that include the language attached as Exhibit B to both the Massachusetts and New Hampshire E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices proposed settlement agreements, on EPA Region 1’s website. The NOAs will explain that EPA is reopening and reexamining specific parts of the permits. EPA will email notifications of the Draft Permit Modifications to regulated parties, the parties to this mediation, and the other interested parties on EPA Region 1’s NPDES permit mailing list. The NOAs will provide for at least a 30-day public comment period that may, in EPA’s discretion, be extended. Pursuant to 40 CFR 124.12(a), if EPA determines that there is a significant degree of public interest in the Draft Permit Modifications, EPA may schedule a public hearing and publish a notice of hearing on the same web page as the NOAs. In addition, at the time EPA submits the NOAs for publication, EPA will ask Massachusetts and New Hampshire to provide a water quality certification pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341. After considering any public comments, EPA will take final action on the Draft Permit Modifications (‘‘Final Agency Action’’) within nine months of the Agency’s posting of the NOAs of the Draft Permit Modifications on its website. Regarding the proposed settlement agreement between EPA and the City of Lowell, Massachusetts, EPA similarly requests only comments on the settlement agreement. The proposed settlement agreement would commit EPA to take final action on Lowell’s individual permit application in accordance with 40 CFR part 124, including providing public notice of any draft permit and offering opportunities for public comments and, if requested, public hearings on the permit’s substantive requirements. II. Additional Information About Commenting on the Proposed Settlement Agreements jbell on DSKJLSW7X2PROD with NOTICES A. How can I get a copy of the proposed settlement agreements? The official public docket for this action (identified by EPA–HQ–OGC– 2019–0685) contains copies of the proposed settlement agreements. The official public docket is available for public viewing at 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 Docket Center is (202) 566–1752. VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 An electronic version of the public docket 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.’’ 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 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 71409 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: December 18, 2019. Steven M. Neugeboren, Associate General Counsel. [FR Doc. 2019–28014 Filed 12–26–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [ER–FRL–9048–6] Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information 202– 564–5632 or https://www.epa.gov/nepa/. Weekly receipt of Environmental Impact Statements Filed December 16, 2019, 10 a.m. EST, through December 20, 2019 10 a.m. EST Pursuant to 40 CFR 1506.9. Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA’s comment letters on EISs are available at: https:// cdxnodengn.epa.gov/cdx-enepa-public/ action/eis/search. EIS No. 20190296, Final, USFS, CA, Omya Sentinel & Butterfield Quarries Expansion, Review Period Ends: 01/ 27/2020, Contact: Scott Eliason 909– 382–2830 EIS No. 20190302, Final, BLM, NV, Gemini Solar Final Resource Plan Amendment and Final EIS, Review Period Ends: 01/27/2020, Contact: Herman Pinales 702–515–5284 EIS No. 20190303, Draft Supplement, USACE, CA, Lower Cache Creek, Yolo County, CA, City of Woodland and Vicinity, Draft Supplemental Environmental Impact Statement for the Potential Flood Risk Reduction Project, Comment Period Ends: 02/10/ 2020, Contact: Keleigh Duey 916– 557–5131 E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71407-71409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28014]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2019-0685; FRL-10003-78-OGC]


Proposed Settlement Agreements, Clean Water Act Claims

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; 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 three proposed settlement agreements to 
address petitions for review of EPA's final National Pollutant 
Discharge Elimination System (NPDES) general permits for discharges of 
stormwater from Small Municipal Separate Storm Sewer System (MS4) in 
Massachusetts and New Hampshire under Clean Water Act (CWA). The 
proposed settlements represent the results of mediation supervised by 
the U.S. Court of Appeals for the District of Columbia Circuit 
Mediation Program between EPA and petitioners the National Association 
of Homebuilders (NAHB), the Home Builders and Remodelers Association of 
Massachusetts, Inc. (HBRAMA), the New Hampshire Home Builders 
Association (NHHBA), the Center for Regulatory Reasonableness (CRR), 
the Massachusetts Coalition for Water Resources Stewardship (MCWRS), 
the Town of Franklin, Massachusetts, (Franklin), the City of Lowell, 
Massachusetts (Lowell), the Conservation Law Foundation (CLF), and the 
Charles River Watershed

[[Page 71408]]

Association (CRWA). Two of the proposed settlement agreements include 
commitments for EPA to propose certain modifications to the 2016 
Massachusetts Small MS4 General Permit and the 2017 New Hampshire Small 
MS4 General Permit, and then to take final action on each proposal. The 
third settlement agreement commits EPA to process an individual small 
MS4 permit application from the City of Lowell, Massachusetts.

DATES: Written comments on the proposed settlement agreements must be 
received by January 27, 2020.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2019-0685, 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 persons 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: Peter Z. Ford, Water Law Office, 
Office of General Counsel, (2355A), Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564-
5593; email address: [email protected]; or Erin Flannery-Keith, Office 
of Regional Counsel, Region 1, Environmental Protection Agency, 5 Post 
Office Square, Boston, MA 02109; telephone: (617) 918-1096; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreements

    On April 4, 2016, EPA issued a final NPDES general permit for 
discharges of stormwater from small MS4s in Massachusetts (the MA MS4 
Permit) under Clean Water Act (CWA) section 402(p). 33 U.S.C. 1342(p). 
On July 18, 2016, the Center for Regulatory Reasonableness (CRR) filed 
a petition for review of the permit in the U.S. Court of Appeals for 
the D.C. Circuit. CLF, CRWA, MCWRS, Franklin, NAHB, HBRAMA, and the 
City of Lowell also filed petitions for review of the permit, all of 
which were consolidated with CRR's petition in the D.C. Circuit. Center 
for Regulatory Reasonableness, et al. v. EPA, No. 16-1246 (D.C. Cir.) 
(2016 Massachusetts Small MS4 General Permit consolidated cases). On 
January 18, 2017, EPA issued a final NPDES general permit for 
discharges of stormwater from small MS4s in New Hampshire (the NH MS4 
Permit). On February 1, 2017, CLF filed a petition for review of the 
permit in the U.S. Court of Appeals for the First Circuit. CRR, NAHB, 
and NHHBA later filed petitions for review in the D.C. Circuit. The 
First Circuit then transferred the CLF petition to the D.C. Circuit, 
where the D.C. Circuit consolidated it with the CRR, NAHB, and NHHBA 
petitions. Center for Regulatory Reasonableness et. al v. EPA, 
Conservation Law Foundation, Intervenor No. 17-1060 (D.C. Cir.) (2017 
New Hampshire Small MS4 General Permit consolidated cases). The parties 
to both cases entered into mediation in 2017, and the D.C. Circuit has 
held the cases in abeyance during that time. The first two proposed 
settlement agreements describe the modifications that EPA would propose 
to the MA MS4 Permit and NH MS4 Permit. The proposed permit 
modifications would reflect the substantive agreements that parties 
reached during mediation. The agreements also specify that EPA would 
take final action on each proposed modification within nine months of 
the Agency's posting of the notice of availability (NOA) of the Draft 
Permit Modifications on its website and in the Federal Register; that 
petitioners would then dismiss their current petitions for review with 
prejudice; and that petitioners would agree not to challenge EPA's 
respective final actions if they modify the permits in a manner 
substantially similar to the proposed modifications (with one 
exception, discussed in the New Hampshire settlement agreement). The 
third settlement agreement commits Lowell, Massachusetts to voluntarily 
dismiss its petition without prejudice and commits EPA to process 
Lowell's individual permit application and then to take final action on 
Lowell's individual permit application, taking into consideration 
Lowell's application materials, public comments, and any additional 
information obtained in the course of the permit proceeding, in 
accordance with 40 CFR part 124.
    For a period of thirty (30) days following the date of publication 
of this action, the Agency will accept written comments on the proposed 
settlement agreements 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 settlement agreements. EPA or the Department of Justice may 
withdraw or withhold consent to the proposed settlement agreements 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 these proposed settlement agreements should 
be withdrawn, EPA will agree to the terms of the proposed settlement 
agreements and so inform the Court.
    In this action, EPA is soliciting comment only as to whether to 
enter the settlement agreements. EPA's planned proposed permit 
modifications to the Massachusetts and New Hampshire permits and 
statements of basis describing those proposed modifications are 
attached as Exhibits A and B to the Massachusetts and New Hampshire 
settlement agreements. EPA will subsequently offer the public the 
opportunity to comment on those proposed permit modifications pursuant 
to the regular permitting process as specified in 40 CFR part 124. The 
parties may execute the settlement agreements after this 30-day public 
notice period concludes. Following any Office of Management and Budget 
(OMB) review of the proposed Massachusetts and New Hampshire permit 
modifications, EPA will promptly transmit for publication in the 
Federal Register notices of availability (NOAs) of the proposed 
modifications to the two permits that are the same as the documents 
marked Exhibit A to both the Massachusetts and New Hampshire proposed 
settlement agreements, excepting non-substantive or typographical 
corrections. EPA will post the Draft Permit Modifications and 
accompanying fact sheets, see 40 CFR 124.8, that include the language 
attached as Exhibit B to both the Massachusetts and New Hampshire

[[Page 71409]]

proposed settlement agreements, on EPA Region 1's website. The NOAs 
will explain that EPA is reopening and reexamining specific parts of 
the permits. EPA will email notifications of the Draft Permit 
Modifications to regulated parties, the parties to this mediation, and 
the other interested parties on EPA Region 1's NPDES permit mailing 
list. The NOAs will provide for at least a 30-day public comment period 
that may, in EPA's discretion, be extended. Pursuant to 40 CFR 
124.12(a), if EPA determines that there is a significant degree of 
public interest in the Draft Permit Modifications, EPA may schedule a 
public hearing and publish a notice of hearing on the same web page as 
the NOAs. In addition, at the time EPA submits the NOAs for 
publication, EPA will ask Massachusetts and New Hampshire to provide a 
water quality certification pursuant to Section 401 of the Clean Water 
Act, 33 U.S.C. 1341. After considering any public comments, EPA will 
take final action on the Draft Permit Modifications (``Final Agency 
Action'') within nine months of the Agency's posting of the NOAs of the 
Draft Permit Modifications on its website.
    Regarding the proposed settlement agreement between EPA and the 
City of Lowell, Massachusetts, EPA similarly requests only comments on 
the settlement agreement. The proposed settlement agreement would 
commit EPA to take final action on Lowell's individual permit 
application in accordance with 40 CFR part 124, including providing 
public notice of any draft permit and offering opportunities for public 
comments and, if requested, public hearings on the permit's substantive 
requirements.

II. Additional Information About Commenting on the Proposed Settlement 
Agreements

A. How can I get a copy of the proposed settlement agreements?

    The official public docket for this action (identified by EPA-HQ-
OGC-2019-0685) contains copies of the proposed settlement agreements. 
The official public docket is available for public viewing at 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 Docket Center is (202) 566-
1752.
    An electronic version of the public docket 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.'' 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: December 18, 2019.
Steven M. Neugeboren,
Associate General Counsel.
[FR Doc. 2019-28014 Filed 12-26-19; 8:45 am]
 BILLING CODE 6560-50-P
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