Proposed Settlement Agreements, Clean Water Act and Endangered Species Act, 64458-64459 [2020-22591]
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64458
Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices
III. How do I participate in the virtual
public meeting?
A. Virtual Meeting
The virtual meeting will be conducted
via webcast. Please visit https://
www.epa.gov/pesticide-advisorycommittees-and-regulatory-partners/
pesticide-program-dialogue-committeeppdc to find the link for joining the
meeting. The link will be on the meeting
agenda, which will be posted to the
website prior to the meeting.
B. Oral Comments
Requests to make brief oral comments
to the PPDC during the virtual meeting
should be submitted when registering
online or with the DFO listed under FOR
FURTHER INFORMATION CONTACT on or
before noon on the date set in the DATES
section.
Authority: 5 U.S.C. Appendix 2 et seq. and
7 U.S.C. 136 et seq.
Dated: October 6, 2020.
Edward Messina,
Acting Director, Office of Pesticide Programs.
[FR Doc. 2020–22590 Filed 10–9–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OGC–2020–0507; FRL–10015–55–
OGC]
Proposed Settlement Agreements,
Clean Water Act and Endangered
Species Act
Environmental Protection
Agency (EPA).
ACTION: Notice; 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 dismissal to address several
claims in a lawsuit filed by Northwest
Environmental Advocates (‘‘Plaintiff’’)
in the U.S. District Court for the
Western District of Washington. On
December 7, 2016 the Plaintiff filed a
complaint alleging, among other things,
that the EPA’s 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 its actions
under the Clean Water Act (CWA) with
respect to nonpoint source management
programs administered by the State of
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:52 Oct 09, 2020
Jkt 253001
Washington Department of Ecology
(‘‘Ecology’’). EPA seeks public input on
the proposed stipulated order of
dismissal prior to its final decisionmaking to settle the litigation.
DATES: Written comments on the
proposed settlement agreements must be
received by November 12, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2020–0507, 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). The EPA
encourages the public to submit
comments via www.Regulations.gov, as
there will be a delay in processing mail
and no hand deliveries will be accepted.
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/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Stephen Sweeney, Water Law Office
(2355A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone: (202) 564–5491; email
address: sweeney.stephen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Stipulated Dismissal
On December 7, 2016, Plaintiff filed
suit in the federal district court for the
Western District of Washington.
Plaintiff’s original Complaint brought
six claims alleging violations of various
statutes by EPA and the National
Oceanic & Atmospheric Administration
(‘‘NOAA’’), including Administrative
Procedure Act (‘‘APA’’) claims alleging
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
violations of the Coastal Zone
Management Act, the CWA, the Coastal
Zone Act Reauthorization Amendments,
and the ESA. The State of Washington
Department of Ecology (‘‘Ecology’’) also
intervened as a defendant in the
litigation, as did the Washington State
Farm Bureau Federation and
Washington Cattlemen’s Association.
Each party filed motions designed to
resolve some of the claims in the
dispute. The proposed stipulated order
of dismissal would resolve the
remaining claims, specifically the
remaining claims against EPA under the
CWA and ESA.
Plaintiff’s remaining claims are that
EPA: Violated CWA section 319 by
approving Ecology’s 2015 nonpoint
source program update; violated CWA
section 319(h)(8) in successive
determinations in 2015, 2016, and 2017
that Washington had made ‘‘satisfactory
progress’’ in implementing its nonpoint
source program over the preceding years
(2014, 2015, 2016); and violated ESA
section 7 by failing to consult on the
preceding actions, as well as on EPA’s
annual awards of CWA section 319
grant funds in each year between 2011–
2017.
Under the proposed stipulated order
of dismissal, EPA’s obligations would be
as follows: EPA’s approval of Ecology’s
2015 program update submittal would
be remanded to EPA, and EPA’s
reconsideration of the program update
(and associated ESA procedural
commitments) would be stayed pending
Ecology’s action (or inaction as of a date
certain) in submitting its next
anticipated program update under
section CWA section 319. Under the
proposed settlement, EPA would be
obligated to make an effects
determination under ESA regulations,
pursuant to 50 CFR 402.14(a), on EPA’s
approval, if any, of either Ecology’s
2015 Submittal or its next nonpoint
source management program update,
depending on whether Ecology timely
submits an update and, as appropriate,
request initiation of ESA section 7
consultation with the U.S. Fish and
Wildlife Service and/or the National
Marine Fisheries Service. Specifically, if
Ecology does not submit a program
update by December 31, 2021, or a
mutually negotiated extension, EPA
would proceed with an ESA effects
determination based on the State’s 2015
submittal (which EPA approved in
2015) and, as appropriate, request
initiation of ESA section 7 consultation.
EPA also would make an ‘‘effects
determination’’ under the ESA for the
first ‘‘satisfactory progress’’
determination (under CWA section
319(h)(8)) associated with issuance of
E:\FR\FM\13OCN1.SGM
13OCN1
Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices
the next (2022) annual federal grant
award and, as appropriate, request
initiation of ESA consultation with the
Services. The proposed stipulated order
of dismissal would not resolve NWEA’s
claim for attorney’s fees, which Plaintiff
would need to file within 30 days of
entry of the stipulated order of
dismissal. The proposed stipulated
order of dismissal includes obligations
for Ecology; those terms are outside the
scope of this notice and the Agency is
not soliciting comment on them.
For a period of thirty (30) days
following the date of publication of this
notice, the Agency will accept written
comments relating to the obligations of
EPA for resolution of the claims
contained in the proposed stipulated
order of dismissal from persons who are
not named as original parties or
intervenors to the litigation in question.
EPA also may hold a public hearing on
whether to enter into the proposed
stipulated order of dismissal. EPA or the
Department of Justice may withdraw or
withhold consent to the proposed
stipulated order of dismissal if the
comments disclose facts or
considerations that indicate that such
consent is inappropriate, improper,
inadequate, or inconsistent with the
requirements of the CWA or ESA.
Unless EPA or the Department of Justice
determines that consent to this
proposed stipulated order of dismissal
should be withdrawn, the terms of the
proposed stipulated order of dismissal
will be affirmed and entered with the
Court.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Additional Information About
Commenting on the Proposed
Settlement Agreement
A. How can I get a copy of the proposed
settlement agreement?
The official public docket for this
action (identified by EPA–HQ–OGC–
2020–0507) contains a copy of the
proposed settlement agreement. The
official public docket is located at the
Office of Environmental Information
(OEI) Docket in the EPA Docket Center,
EPA West, Room 3334, 1301
Constitution Ave. NW, Washington, DC.
The regular hours of the EPA Docket
Center Public Reading Room are from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays;
however, due to the COVID–19
pandemic, there may be limited or no
opportunity to enter the docket center.
At the time of this printing, the docket
center is closed to public visitors out of
an abundance of caution for members of
the public and EPA staff to reduce the
risk of transmitting COVID–19. During
the closure, Docket Center staff will
VerDate Sep<11>2014
18:52 Oct 09, 2020
Jkt 253001
continue to provide remote customer
service via email, phone, and webform.
For further information on EPA Docket
Center services, see https://
www.epa.gov/dockets. 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
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. EPA has not included any
copyrighted material in the docket for
this proposed settlement. If commenters
submit copyrighted material in a public
comment, it will be placed in the
official public docket and made
available for public viewing when the
EPA Docket Center is open.
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. The EPA encourages the public
to submit comments via
www.Regulations.gov. There will be a
delay in processing mail and no hand
deliveries will be accepted due to the
COVID–19 pandemic.
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 EPA to contact you
in case EPA cannot read your comment
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
64459
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: October 6, 2020.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2020–22591 Filed 10–9–20; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK
[Public Notice: 2020–6003]
Agency Information Collection
Activities: Comment Request
Export-Import Bank of the
United States.
ACTION: Submission for OMB review and
comments request.
AGENCY:
The Export-Import Bank of
the United States (Ex-Im Bank), as part
of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal Agencies to comment on the
proposed information collection, as
required by the Paperwork Reduction
Act of 1995.
DATES: Comments must be received on
or before December 14, 2020 to be
assured of consideration.
ADDRESSES: Comments may be
submitted electronically on
WWW.REGULATIONS.GOV or by mail
to Donna Schneider, Export-Import
SUMMARY:
E:\FR\FM\13OCN1.SGM
13OCN1
Agencies
[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Pages 64458-64459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22591]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2020-0507; FRL-10015-55-OGC]
Proposed Settlement Agreements, Clean Water Act and Endangered
Species Act
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 a proposed stipulated order of dismissal to
address several claims in a lawsuit filed by Northwest Environmental
Advocates (``Plaintiff'') in the U.S. District Court for the Western
District of Washington. On December 7, 2016 the Plaintiff filed a
complaint alleging, among other things, that the EPA's 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 its actions under the
Clean Water Act (CWA) with respect to nonpoint source management
programs administered by the State of Washington Department of Ecology
(``Ecology''). EPA seeks public input on the proposed stipulated order
of dismissal prior to its final decision-making to settle the
litigation.
DATES: Written comments on the proposed settlement agreements must be
received by November 12, 2020.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2020-0507, 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). The EPA encourages the public to submit comments
via www.Regulations.gov, as there will be a delay in processing mail
and no hand deliveries will be accepted. 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: Stephen Sweeney, Water Law Office
(2355A), Office of General Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone:
(202) 564-5491; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Stipulated Dismissal
On December 7, 2016, Plaintiff filed suit in the federal district
court for the Western District of Washington. Plaintiff's original
Complaint brought six claims alleging violations of various statutes by
EPA and the National Oceanic & Atmospheric Administration (``NOAA''),
including Administrative Procedure Act (``APA'') claims alleging
violations of the Coastal Zone Management Act, the CWA, the Coastal
Zone Act Reauthorization Amendments, and the ESA. The State of
Washington Department of Ecology (``Ecology'') also intervened as a
defendant in the litigation, as did the Washington State Farm Bureau
Federation and Washington Cattlemen's Association. Each party filed
motions designed to resolve some of the claims in the dispute. The
proposed stipulated order of dismissal would resolve the remaining
claims, specifically the remaining claims against EPA under the CWA and
ESA.
Plaintiff's remaining claims are that EPA: Violated CWA section 319
by approving Ecology's 2015 nonpoint source program update; violated
CWA section 319(h)(8) in successive determinations in 2015, 2016, and
2017 that Washington had made ``satisfactory progress'' in implementing
its nonpoint source program over the preceding years (2014, 2015,
2016); and violated ESA section 7 by failing to consult on the
preceding actions, as well as on EPA's annual awards of CWA section 319
grant funds in each year between 2011-2017.
Under the proposed stipulated order of dismissal, EPA's obligations
would be as follows: EPA's approval of Ecology's 2015 program update
submittal would be remanded to EPA, and EPA's reconsideration of the
program update (and associated ESA procedural commitments) would be
stayed pending Ecology's action (or inaction as of a date certain) in
submitting its next anticipated program update under section CWA
section 319. Under the proposed settlement, EPA would be obligated to
make an effects determination under ESA regulations, pursuant to 50 CFR
402.14(a), on EPA's approval, if any, of either Ecology's 2015
Submittal or its next nonpoint source management program update,
depending on whether Ecology timely submits an update and, as
appropriate, request initiation of ESA section 7 consultation with the
U.S. Fish and Wildlife Service and/or the National Marine Fisheries
Service. Specifically, if Ecology does not submit a program update by
December 31, 2021, or a mutually negotiated extension, EPA would
proceed with an ESA effects determination based on the State's 2015
submittal (which EPA approved in 2015) and, as appropriate, request
initiation of ESA section 7 consultation. EPA also would make an
``effects determination'' under the ESA for the first ``satisfactory
progress'' determination (under CWA section 319(h)(8)) associated with
issuance of
[[Page 64459]]
the next (2022) annual federal grant award and, as appropriate, request
initiation of ESA consultation with the Services. The proposed
stipulated order of dismissal would not resolve NWEA's claim for
attorney's fees, which Plaintiff would need to file within 30 days of
entry of the stipulated order of dismissal. The proposed stipulated
order of dismissal includes obligations for Ecology; those terms are
outside the scope of this notice and the Agency is not soliciting
comment on them.
For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
obligations of EPA for resolution of the claims contained in the
proposed stipulated order of dismissal from persons who are not named
as original parties or intervenors to the litigation in question. EPA
also may hold a public hearing on whether to enter into the proposed
stipulated order of dismissal. EPA or the Department of Justice may
withdraw or withhold consent to the proposed stipulated order of
dismissal if the comments disclose facts or considerations that
indicate that such consent is inappropriate, improper, inadequate, or
inconsistent with the requirements of the CWA or ESA. Unless EPA or the
Department of Justice determines that consent to this proposed
stipulated order of dismissal should be withdrawn, the terms of the
proposed stipulated order of dismissal will be affirmed and entered
with the Court.
II. Additional Information About Commenting on the Proposed Settlement
Agreement
A. How can I get a copy of the proposed settlement agreement?
The official public docket for this action (identified by EPA-HQ-
OGC-2020-0507) contains a copy of the proposed settlement agreement.
The official public docket is located at the Office of Environmental
Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334,
1301 Constitution Ave. NW, Washington, DC. The regular hours of the EPA
Docket Center Public Reading Room are from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays; however, due to the
COVID-19 pandemic, there may be limited or no opportunity to enter the
docket center. At the time of this printing, the docket center is
closed to public visitors out of an abundance of caution for members of
the public and EPA staff to reduce the risk of transmitting COVID-19.
During the closure, Docket Center staff will continue to provide remote
customer service via email, phone, and webform. For further information
on EPA Docket Center services, see https://www.epa.gov/dockets. 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 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. EPA has not included any
copyrighted material in the docket for this proposed settlement. If
commenters submit copyrighted material in a public comment, it will be
placed in the official public docket and made available for public
viewing when the EPA Docket Center is open.
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. The EPA encourages the public to submit comments via
www.Regulations.gov. There will be a delay in processing mail and no
hand deliveries will be accepted due to the COVID-19 pandemic.
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 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: October 6, 2020.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2020-22591 Filed 10-9-20; 8:45 am]
BILLING CODE 6560-50-P