Proposed Settlement Agreement, Clean Water Act and Administrative Procedure Act Claims, 24792-24793 [2023-08606]

Download as PDF 24792 Federal Register / Vol. 88, No. 78 / Monday, April 24, 2023 / Notices EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, FIFRA section 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless: 1. The registrants request a waiver of the comment period, or 2. The EPA Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. The registrants in Table 2 of Unit II, have not requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 180-day comment period on the proposed requests. IV. Procedures for Withdrawal of Request Registrants who choose to withdraw a request for cancellation should submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. ddrumheller on DSK120RN23PROD with NOTICES1 V. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. If the requests for voluntary cancellation are granted, the Agency intends to publish the cancellation order in the Federal Register. In any order issued in response to these requests for cancellation of product registrations, listed in Table 1 of Unit II, EPA proposes to include the following provisions for the treatment of any existing stocks of the products listed in Table 1 of Unit II. For: 264–328, 432–885, 432–1213, and 432–1226 For 264–328, 432–885, 432–1213, and 432–1226, listed in Table 1 of Unit II, the registrants have requested 18months after cancellation to sell existing stocks. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, VerDate Sep<11>2014 18:50 Apr 21, 2023 Jkt 259001 or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. Authority: 7 U.S.C. 136 et seq. Dated: April 17, 2023. Daniel Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2023–08582 Filed 4–21–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2023–0247; FRL–10917–01– OGC] Proposed Settlement Agreement, Clean Water Act and Administrative Procedure Act Claims Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. AGENCY: In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, memorandum regarding ‘‘Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,’’ notice is hereby given of a proposed settlement agreement in Center for Biological Diversity v. EPA and FWS, No. 21–71306 (9th Cir.). In October 2021, Center for Biological Diversity (Plaintiff) filed a petition in the U.S. Court of Appeals for the Ninth Circuit challenging EPA’s issuance of the 2021 Pesticide General Permit (PGP), a permit issued by EPA pursuant to the Clean Water Act (CWA). The petition alleged that EPA failed to comply with the CWA in issuing the 2021 PGP, and that EPA and the U.S. Fish and Wildlife Service (FWS) failed to comply with the Endangered Species Act (ESA) in issuing the 2021 PGP. EPA seeks public input on a proposed settlement agreement prior to its final decision-making with regard to potential settlement of the litigation. DATES: Written comments on the proposed settlement agreement must be received by May 24, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2023–0247 online at https:// www.regulations.gov (EPA’s preferred method). Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID number for this action. Comments received may be SUMMARY: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 posted without change to https:// www.regulations.gov, including any personal information provided. For detailed instructions on sending comments, see the ‘‘Additional Information About Commenting on the Proposed Settlement Agreement’’ heading under the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Alec Mullee, Water Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone: (202) 564–9616; email address: mullee.alec@ epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement Agreement The PGP covers discharges to waters of the United States from the following pesticide use patterns: mosquito and other flying insect pest control; weed and algae pest control; animal pest control; and forest canopy pest control. Shortly after EPA issued the 2021 PGP, Plaintiff filed a petition for review in the Ninth Circuit. The parties requested a stay before briefing commenced, which the court granted. During the stay, the Parties negotiated this proposed settlement agreement. Under the proposed agreement, EPA would take specified steps with respect to implementation of the 2021 PGP. EPA and FWS would complete ESA consultation on EPA’s next issuance of the PGP (the 2026 PGP) by October 31, 2024. When EPA proposes the 2026 PGP, EPA would propose for public comment certain changes to its monitoring and recordkeeping provisions. EPA would issue the 2026 PGP by December 17, 2024, to be effective in October 2026. For a period of thirty (30) days following the date of publication of this notice, EPA will accept written comments relating to the proposed settlement agreement from persons who are not parties to the litigation. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreement if the comments received disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the CWA, ESA or APA. 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 Docket ID No. EPA–HQ–OGC–2023–0247 contains a E:\FR\FM\24APN1.SGM 24APN1 Federal Register / Vol. 88, No. 78 / Monday, April 24, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 copy of the proposed 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 for the Public Reading Room is (202) 566–1744, and the telephone number for the OEI Docket is (202) 566–1752. The electronic version of the public docket for this action contains a copy of the proposed settlement agreement and is available through https:// www.regulations.gov. You may use https://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.’’ B. How and to whom do I submit comments? Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2023– 0247 via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https:// www.regulations.gov any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. For additional information about submitting information identified as CBI, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in VerDate Sep<11>2014 18:50 Apr 21, 2023 Jkt 259001 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 https:// www.regulations.gov website to submit comments to EPA electronically is EPA’s preferred method for receiving comments. We strongly encourage you to send your comments electronically to ensure that they are received prior to the close of the comment period. 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. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA does not plan to consider these late comments. Steven M. Neugeboren, Associate General Counsel. [FR Doc. 2023–08606 Filed 4–21–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–10866–01–OLEM] Forty-Third Update of the Federal Agency Hazardous Waste Compliance Docket Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: Since 1988, the Environmental Protection Agency (EPA) has maintained a Federal Agency Hazardous Waste Compliance Docket (‘‘Docket’’) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA requires EPA to establish a Docket that contains certain information reported to EPA by Federal facilities that manage hazardous waste or from which a reportable quantity of hazardous substances has been released. SUMMARY: PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 24793 This notice identifies the Federal facilities not previously listed on the Docket and identifies Federal facilities reported to EPA since the last update on October 24, 2022. In addition to the list of additions to the Docket, this notice includes a section with revisions of the previous Docket list and a section of Federal facilities that are to be deleted from the Docket. Thus, the revisions in this update include one addition, zero deletions, and zero corrections to the Docket since the previous update. DATES: This list is current as of March 27, 2023. FOR FURTHER INFORMATION CONTACT: Electronic versions of the Docket and more information on its implementation can be obtained at https://www.epa.gov/ fedfac/federal-agency-hazardous-wastecompliance-docket by clicking on the link for Cleanups at Federal Facilities or by contacting Jonathan Tso (Tso.Jonathan@epa.gov), Federal Agency Hazardous Waste Compliance Docket Coordinator, Federal Facilities Restoration and Reuse Office. Additional information on the Docket and a complete list of Docket sites can be obtained at: https://www.epa.gov/ fedfac/federal-agency-hazardous-wastecompliance-docket-1. SUPPLEMENTARY INFORMATION: Table of Contents 1.0 2.0 3.0 4.0 Introduction Regional Docket Coordinators Revisions of the Previous Docket Process for Compiling the Updated Docket 5.0 Facilities Not Included 6.0 Facility NPL Status Reporting, Including NFRAP Status 7.0 Information Contained on Docket Listing 1.0 Introduction Section 120(c) of CERCLA, 42 U.S.C. 9620(c), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), requires EPA to establish the Federal Agency Hazardous Waste Compliance Docket. The Docket contains information on Federal facilities that manage hazardous waste and such information is submitted by Federal agencies to EPA under sections 3005, 3010, and 3016 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6925, 6930, and 6937. Additionally, the Docket contains information on Federal facilities with a reportable quantity of hazardous substances that has been released and such information is submitted by Federal agencies to EPA under section 103 of CERCLA, 42 U.S.C. 9603. Specifically, RCRA section 3005 establishes a permitting system for E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24792-24793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08606]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0247; FRL-10917-01-OGC]


Proposed Settlement Agreement, Clean Water Act and Administrative 
Procedure Act Claims

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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

SUMMARY: In accordance with the Environmental Protection Agency (EPA) 
Administrator's March 18, 2022, memorandum regarding ``Consent Decrees 
and Settlement Agreements to resolve Environmental Claims Against the 
Agency,'' notice is hereby given of a proposed settlement agreement in 
Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th 
Cir.). In October 2021, Center for Biological Diversity (Plaintiff) 
filed a petition in the U.S. Court of Appeals for the Ninth Circuit 
challenging EPA's issuance of the 2021 Pesticide General Permit (PGP), 
a permit issued by EPA pursuant to the Clean Water Act (CWA). The 
petition alleged that EPA failed to comply with the CWA in issuing the 
2021 PGP, and that EPA and the U.S. Fish and Wildlife Service (FWS) 
failed to comply with the Endangered Species Act (ESA) in issuing the 
2021 PGP. EPA seeks public input on a proposed settlement agreement 
prior to its final decision-making with regard to potential settlement 
of the litigation.

DATES: Written comments on the proposed settlement agreement must be 
received by May 24, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0247 online at https://www.regulations.gov (EPA's preferred 
method). Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
number for this action. Comments received may be posted without change 
to https://www.regulations.gov, including any personal information 
provided. For detailed instructions on sending comments, see the 
``Additional Information About Commenting on the Proposed Settlement 
Agreement'' heading under the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Alec Mullee, Water Law Office, Office 
of General Counsel, U.S. Environmental Protection Agency; telephone: 
(202) 564-9616; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    The PGP covers discharges to waters of the United States from the 
following pesticide use patterns: mosquito and other flying insect pest 
control; weed and algae pest control; animal pest control; and forest 
canopy pest control. Shortly after EPA issued the 2021 PGP, Plaintiff 
filed a petition for review in the Ninth Circuit. The parties requested 
a stay before briefing commenced, which the court granted. During the 
stay, the Parties negotiated this proposed settlement agreement. Under 
the proposed agreement, EPA would take specified steps with respect to 
implementation of the 2021 PGP. EPA and FWS would complete ESA 
consultation on EPA's next issuance of the PGP (the 2026 PGP) by 
October 31, 2024. When EPA proposes the 2026 PGP, EPA would propose for 
public comment certain changes to its monitoring and recordkeeping 
provisions. EPA would issue the 2026 PGP by December 17, 2024, to be 
effective in October 2026.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will accept written comments relating to the 
proposed settlement agreement from persons who are not parties to the 
litigation. EPA or the Department of Justice may withdraw or withhold 
consent to the proposed settlement agreement if the comments received 
disclose facts or considerations that indicate that such consent is 
inappropriate, improper, inadequate, or inconsistent with the 
requirements of the CWA, ESA or APA.

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 Docket ID 
No. EPA-HQ-OGC-2023-0247 contains a

[[Page 24793]]

copy of the proposed 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 for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OEI 
Docket is (202) 566-1752.
    The electronic version of the public docket for this action 
contains a copy of the proposed settlement agreement and is available 
through https://www.regulations.gov. You may use https://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.''

B. How and to whom do I submit comments?

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-
0247 via https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from this docket. EPA may publish any comment 
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information 
identified as CBI, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
    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. 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 https://www.regulations.gov website to submit comments 
to EPA electronically is EPA's preferred method for receiving comments. 
We strongly encourage you to send your comments electronically to 
ensure that they are received prior to the close of the comment period. 
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.
    Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA does not plan to consider these late 
comments.

Steven M. Neugeboren,
Associate General Counsel.
[FR Doc. 2023-08606 Filed 4-21-23; 8:45 am]
BILLING CODE 6560-50-P
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