Proposed Consent Decree, Unreasonable Delay Claim Regarding Petition Seeking Revised Testing Requirements of Pesticides Prior to Registration, 38861-38862 [2023-12672]

Download as PDF Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices 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. 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 is not required to consider these late comments. 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 Consent Decree’’ heading under the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Allison Payne, Pesticides and Toxic Substances Law Office; telephone (202) 564–8501; email address: payne.allison@epa.gov. SUPPLEMENTARY INFORMATION: Gautam Srinivasan, Associate General Counsel. I. Obtaining a Copy of the Proposed Consent Decree [FR Doc. 2023–12671 Filed 6–13–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2023–0306; FRL–11024–01– OGC] Proposed Consent Decree, Unreasonable Delay Claim Regarding Petition Seeking Revised Testing Requirements of Pesticides Prior to Registration Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is hereby given of a proposed consent decree that resolves Center for Food Safety, et al. v. U.S. Environmental Protection Agency, a case in the United States District Court for the Northern District of California (4:22–cv–6001–JST) that alleges EPA unreasonably delayed responding to a petition for rulemaking, submitted to EPA on or around July 10, 2017, relating to the revision of testing requirements of pesticides prior to registration. DATES: Written comments on the proposed consent decree must be received by July 14, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2023–0306, online at https:// www.regulations.gov (EPA’s preferred ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2023–0306) contains a copy of the proposed consent decree. 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 consent decree 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.’’ II. Additional Information About the Proposed Consent Decree Prior to this lawsuit being filed, EPA received a petition on or around July 10, 2017, requesting that EPA (1) revise pesticide registration regulations to take into account all pesticide ingredients (active, inert and adjuvant) and their effects on the environment; (2) revise pesticide registration regulations to require whole pesticide formulation and tank mixture testing to take into account synergistic effects; (3) revise pesticide PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 38861 registration regulations to require inert ingredients and whole pesticide formulations testing for chronic toxicological effects and degradation; (4) revise pesticide registration regulations to require Endangered Species Act (ESA) consultation on the effects of whole pesticide formulations and tank mixtures on threatened and endangered species; and (5) assuming the regulations were revised as petitioners have requested, petitioners also request that EPA apply those revised regulations in conducting statutorily-mandated registration reviews of pesticides (hereinafter, these requests will be referred to as the ‘‘2017 Petition Requests’’). EPA sought public comment on the 2017 Petition. See Petition Seeking Revised Testing Requirements of Pesticides Prior to Registration; Request for Comment, 83 FR 65672 (December 21, 2018) (the ‘‘Request for Comment’’). EPA received approximately 564 comments. Plaintiffs filed a Complaint on October 12, 2022, alleging that EPA’s failure to respond to the petition constitutes an unreasonable delay under Section 706(1) of the Administrative Procedure Act, 5 U.S.C. 706(1). This proposed consent decree states that no later than September 29, 2023, the appropriate EPA official shall, by letter, either grant, deny, or grant in part and deny in part each of the 2017 Petition Requests. Court approval of this proposed consent decree would resolve all claims in this case except for the claim for the costs of litigation, including reasonable attorneys’ fees. 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 consent decree from persons who are not named as parties to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the APA or FIFRA. Unless EPA or the Department of Justice determines that consent should be withdrawn, the terms of the proposed consent decree will be affirmed and entered with the Court. III. Additional Information About Commenting on the Proposed Consent Decree Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2023– 0306 via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. E:\FR\FM\14JNN1.SGM 14JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 38862 Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices 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 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. 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 VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 marked ‘‘late.’’ EPA is not required to consider these late comments. Randolph L. Hill, Associate General Counsel. [FR Doc. 2023–12672 Filed 6–13–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OLEM–2023–0228, FRL–10820– 02–OLEM] Draft National Strategy To Prevent Plastic Pollution: Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Notice of availability; extension of comment period. AGENCY: The Environmental Protection Agency (EPA) is extending the comment period for the Draft National Strategy to Prevent Plastic Pollution, which can be found at https://www.epa.gov/ circulareconomy/draft-nationalstrategy-prevent-plastic-pollution. The EPA published the Notice of Availability in the Federal Register on May 2, 2023, and the public comment period was scheduled to end on June 16, 2023. However, the EPA has received several requests for additional time to develop and submit comments. In response to the request for additional time, the EPA is extending the comment period for an additional 45 days through July 31, 2023. DATES: The comment period for the Draft National Strategy to Prevent Plastic Pollution published on May 2, 2023 at 88 FR 27502, is extended. Comments must be received on or before July 31, 2023. ADDRESSES: To review the Draft National Strategy to Prevent Plastic Pollution, please visit https:// www.epa.gov/circulareconomy/draftnational-strategy-prevent-plasticpollution. Submit your comments, referencing Docket ID No. EPA–HQ– OLEM–2023–0228. Comments submitted in response to this notice may be submitted through the following: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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. SUMMARY: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. 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. Instructions: All submissions received must include the Docket ID No. OLEM– 2023–0228 for this notice. Comments received may be posted without change to https://www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the Request for Information process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For questions concerning this document, contact Tameka Taylor at 202–564– 1510, Resource Conservation and Sustainability Division, Office of Resource Conservation and Recovery, Office of Land and Emergency Management, Mail Code 5306T, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20004; Email: CircularPlastics@ epa.gov. For more information on this strategy and others developed as part of EPA’s Series on Building a Circular Economy for All, please visit https:// www.epa.gov/circular-economy. SUPPLEMENTARY INFORMATION: I. Public Participation Response to this request for public comment is voluntary. Submit your comments, identified by Docket ID No. EPA–HQ–OLEM–2023–0228, at https:// www.regulations.gov/ (our preferred method), or the other methods identified in the ADDRESSES section. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. Responses to this request for public comment may be submitted by a single party or a team. Responses will only be accepted using Microsoft Word (.docx) or Adobe PDF (.pdf) file formats. The response document should contain the following: • Two clearly delineated sections: (1) Cover page with company name and contact information; and (2) responses by topic and/or that address specific EPA questions. • 1-inch margins (top, bottom, and sides). • Times New Roman and 12-point font. E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38861-38862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12672]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0306; FRL-11024-01-OGC]


Proposed Consent Decree, Unreasonable Delay Claim Regarding 
Petition Seeking Revised Testing Requirements of Pesticides Prior to 
Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with the Environmental Protection Agency (EPA) 
Administrator's March 18, 2022, Memorandum entitled Consent Decrees and 
Settlement Agreements to Resolve Environmental Claims Against the 
Agency, notice is hereby given of a proposed consent decree that 
resolves Center for Food Safety, et al. v. U.S. Environmental 
Protection Agency, a case in the United States District Court for the 
Northern District of California (4:22-cv-6001-JST) that alleges EPA 
unreasonably delayed responding to a petition for rulemaking, submitted 
to EPA on or around July 10, 2017, relating to the revision of testing 
requirements of pesticides prior to registration.

DATES: Written comments on the proposed consent decree must be received 
by July 14, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0306, 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 Consent 
Decree'' heading under the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Allison Payne, Pesticides and Toxic 
Substances Law Office; telephone (202) 564-8501; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2023-0306) contains a copy of the proposed consent 
decree. 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 consent decree 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.''

II. Additional Information About the Proposed Consent Decree

    Prior to this lawsuit being filed, EPA received a petition on or 
around July 10, 2017, requesting that EPA (1) revise pesticide 
registration regulations to take into account all pesticide ingredients 
(active, inert and adjuvant) and their effects on the environment; (2) 
revise pesticide registration regulations to require whole pesticide 
formulation and tank mixture testing to take into account synergistic 
effects; (3) revise pesticide registration regulations to require inert 
ingredients and whole pesticide formulations testing for chronic 
toxicological effects and degradation; (4) revise pesticide 
registration regulations to require Endangered Species Act (ESA) 
consultation on the effects of whole pesticide formulations and tank 
mixtures on threatened and endangered species; and (5) assuming the 
regulations were revised as petitioners have requested, petitioners 
also request that EPA apply those revised regulations in conducting 
statutorily-mandated registration reviews of pesticides (hereinafter, 
these requests will be referred to as the ``2017 Petition Requests''). 
EPA sought public comment on the 2017 Petition. See Petition Seeking 
Revised Testing Requirements of Pesticides Prior to Registration; 
Request for Comment, 83 FR 65672 (December 21, 2018) (the ``Request for 
Comment''). EPA received approximately 564 comments. Plaintiffs filed a 
Complaint on October 12, 2022, alleging that EPA's failure to respond 
to the petition constitutes an unreasonable delay under Section 706(1) 
of the Administrative Procedure Act, 5 U.S.C. 706(1).
    This proposed consent decree states that no later than September 
29, 2023, the appropriate EPA official shall, by letter, either grant, 
deny, or grant in part and deny in part each of the 2017 Petition 
Requests. Court approval of this proposed consent decree would resolve 
all claims in this case except for the claim for the costs of 
litigation, including reasonable attorneys' fees.
    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 consent decree from persons who are not named as parties to 
the litigation in question. EPA or the Department of Justice may 
withdraw or withhold consent to the proposed consent decree if the 
comments disclose facts or considerations that indicate that such 
consent is inappropriate, improper, inadequate, or inconsistent with 
the requirements of the APA or FIFRA. Unless EPA or the Department of 
Justice determines that consent should be withdrawn, the terms of the 
proposed consent decree will be affirmed and entered with the Court.

III. Additional Information About Commenting on the Proposed Consent 
Decree

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-
0306 via https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from this docket.

[[Page 38862]]

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. 
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 is not required to consider these late 
comments.

Randolph L. Hill,
Associate General Counsel.
[FR Doc. 2023-12672 Filed 6-13-23; 8:45 am]
BILLING CODE 6560-50-P
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