Proposed Stipulated Partial Settlement Agreement, Endangered Species Act Claims, 45418-45419 [2023-15084]

Download as PDF 45418 Federal Register / Vol. 88, No. 135 / Monday, July 17, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 II. Background Historically, EPA has approved claims for efficacy against viruses only as additional claims on certain antimicrobial products, such as those with sterilant and disinfectant claims, but not those that bear only sanitizer claims. EPA received requests for guidance to add virucidal claims to products with sanitizing claims on hard surfaces. There is a significant interest from stakeholders and the public to add these virucidal claims to products with sanitizer label claims. This draft guidance is intended to allow registrants to provide consumers with additional products that are effective against viruses including SARS–CoV–2. This draft guidance reiterates recommended test methods and guidance for the addition of virucidal claims to products that meet the criteria for hard surface disinfections claims in OCSPP 810.2200, Disinfectants for Use on Environmental Surfaces, Guidance for Efficacy Testing (EPA publication No. 712–C–17–004 (2018)). Products should meet the test guidance requirements as described in OCSPP 810.2300 Sanitizers for Use on Hard Surfaces—Efficacy Data Recommendations (EPA publication No. 712–C–07–091 (2012)), (food or nonfood contact sanitization) to treat hard, non-porous surfaces before a virucidal claim is added. OCSPP test guidelines can be accessed online through https:// www.epa.gov/test-guidelines-pesticidesand-toxic-substances. Since there will be no changes to the test methods or performance standards recommended for virus claims, there is no concern about a reduced level of efficacy against viruses. Products that meet the basic criteria to allow for sanitizer claims and have data to support the addition of virucidal label claims, may be used only in nonhealthcare use-sites in residential, commercial and institutional settings (e.g., cafeterias, waiting rooms) specifically on hard non-porous surfaces. Additional anticipated benefits include the availability of more products with reduced contact times (time the surface must remain wet) and/ or more products on EPA’s Design for the Environment list that are also effective against viruses. The expansion of the availability of virucidal claims under this draft guidance will facilitate the addition of virus claims to products bearing only sanitizer claims. VerDate Sep<11>2014 17:10 Jul 14, 2023 Jkt 259001 III. Do guidance documents contain binding requirements? As guidance, these documents are not binding on the Agency or any outside parties, and the Agency may depart from it where circumstances warrant and without prior notice. While EPA has made every effort to ensure the accuracy of the discussion in the guidance, the obligations of EPA and the regulated community are determined by statutes, regulations, or other legally binding documents. In the event of a conflict between the discussion in the guidance documents and any statute, regulation, or other legally binding document, the guidance documents will not be controlling. Authority: 7 U.S.C. 136 et seq. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2023–15077 Filed 7–14–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2019–0478; FRL–11160–01– OGC] Proposed Stipulated Partial Settlement Agreement, Endangered Species Act Claims Environmental Protection Agency (EPA). ACTION: Notice of proposed stipulated settlement agreement; request for public comment. AGENCY: In accordance with the Environmental Protection Agency (EPA) Administrator’s March 18, 2022 Memorandum, Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is hereby given of a proposed stipulated settlement agreement in the United States District Court for the Northern District of California in the case of Center for Biological Diversity, et. al., v. United States Environmental Protection Agency, et al., No. 3:11–cv–0293 (N.D. Cal.). Plaintiffs alleged that EPA failed to comply with certain duties under the Endangered Species Act (ESA). Defendant-Intervenors join this proposed stipulated settlement agreement. SUMMARY: Written comments on the proposed stipulated settlement agreement must be received by August 16, 2023. ADDRESSES: Submit your comments, identified by Docket ID number EPA– DATES: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 HQ–OGC–2019–0478 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 Stipulation and Stipulated Dismissal’’ heading under the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Michele Knorr, Pesticides and Toxic Substances Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone: (202) 564–5631; email address: knorr.michele@epa.gov. SUPPLEMENTARY INFORMATION: I. Obtaining a Copy of the Proposed Stipulated Settlement Agreement The official public docket for this action (identified by EPA–HQ–OGC– 2019–0478) contains a copy of the proposed stipulated 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 stipulated 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.’’ II. Additional Information About the Proposed Stipulated Settlement Agreement On January 20, 2011, Plaintiffs (nongovernmental environmental organizations) filed a complaint in the United States District Court in the Northern District of California asserting E:\FR\FM\17JYN1.SGM 17JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 135 / Monday, July 17, 2023 / Notices a single claim against EPA for allegedly violating section 7(a)(2) of the ESA by failing to initiate and reinitiate consultation with the U.S. Fish and Wildlife Service (‘‘FWS’’) and National Marine Fisheries Service (‘‘NMFS’’) with respect to 382 pesticide active ingredients. After motions practice and an appeal to the Ninth Circuit Court of Appeals, the plaintiffs filed their fourth amended complaint on June 29, 2018 for failure to initiate consultation under ESA section 7(a)(2) for certain pesticide products containing 35 pesticide active ingredients. In October 2019, the parties entered a partial settlement agreement, in which EPA committed to a schedule to complete effects determinations for eight active ingredients and request initiation of any necessary ESA Section 7(a)(2) consultations with NMFS and/or FWS. This proposed stipulated settlement agreement incorporates all still outstanding obligations from the prior partial settlement agreement and resolves the remaining claims. Among other provisions, the proposed agreement sets a deadline of no later than September 30, 2027 for EPA to complete final Biological Evaluations on the potential effects of the following eight active ingredients on ESA-listed species and designated critical habitat: acephate, bensulide, dimethoate, ethoprop, naled, phorate, phosmet, and s,s,s-tributyl phosphorotrithioate (tribufos); and to request initiation of any necessary ESA section 7(a)(2) consultations with NMFS and/or FWS. The proposed agreement also includes statements of EPA’s intent to take preceding actions, including: to complete draft biological evaluations no later than one year prior to the deadline for the final biological evaluations; to provide notice and a 60-day opportunity for public comment on any such draft; and, consistent with current practice, to conduct nationwide-scale effects determinations. Additionally, the proposed agreement sets deadlines for EPA to issue certain ESA ‘‘strategies’’ that were contemplated in its work plan issued on April 12, 2022, entitled Balancing Wildlife Protection and Responsible Pesticide Use: How EPA’s Pesticide Program Will Meet its Endangered Species Act Obligations. These strategies aim to identify mitigation measures to address the effects of pesticides to ESA-listed species based on certain criteria that EPA has or expects to develop based on what it has learned from its ESA section 7 consultations to date. The proposed agreement also includes, as well as other related commitments, a commitment by the VerDate Sep<11>2014 17:10 Jul 14, 2023 Jkt 259001 agricultural industry DefendantIntervenors to organize and fund a workshop for interested stakeholders to explore how offsets may be used to address the effects of pesticide registrations on ESA-listed species and how such offsets could be incorporated into the pesticide registration process. 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 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 enter the proposed agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the ESA or the Federal Insecticide, Fungicide, and Rodenticide Act. Unless EPA or the Department of Justice determines that consent should be withdrawn, the terms of the proposed agreement will be affirmed. III. Additional Information About Commenting on the Proposed Stipulated Settlement Agreement Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2019– 0478 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 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 45419 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. Dated: July 11, 2023. Randolph L. Hill, Associate General Counsel. [FR Doc. 2023–15084 Filed 7–14–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL 11154–01–OAR] Announcing Upcoming Meeting of Mobile Sources Technical Review Subcommittee Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: Pursuant to the Federal Advisory Committee Act, the Environmental Protection Agency (EPA) announces an upcoming meeting of the Mobile Sources Technical Review Subcommittee (MSTRS), which is a subcommittee under the Clean Air Act Advisory Committee (CAAAC). This is a virtual meeting and open to the public. The meeting will include discussion of current topics and presentations about activities being conducted by EPA’s Office of Transportation and Air Quality related to developing a workgroup charge around locomotives. MSTRS listserv subscribers will receive SUMMARY: E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45418-45419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15084]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2019-0478; FRL-11160-01-OGC]


Proposed Stipulated Partial Settlement Agreement, Endangered 
Species Act Claims

AGENCY: Environmental Protection Agency (EPA).

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

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

SUMMARY: In accordance with the Environmental Protection Agency (EPA) 
Administrator's March 18, 2022 Memorandum, Consent Decrees and 
Settlement Agreements to Resolve Environmental Claims Against the 
Agency, notice is hereby given of a proposed stipulated settlement 
agreement in the United States District Court for the Northern District 
of California in the case of Center for Biological Diversity, et. al., 
v. United States Environmental Protection Agency, et al., No. 3:11-cv-
0293 (N.D. Cal.). Plaintiffs alleged that EPA failed to comply with 
certain duties under the Endangered Species Act (ESA). Defendant-
Intervenors join this proposed stipulated settlement agreement.

DATES: Written comments on the proposed stipulated settlement agreement 
must be received by August 16, 2023.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2019-0478 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 Stipulation 
and Stipulated Dismissal'' heading under the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: Michele Knorr, Pesticides and Toxic 
Substances Law Office, Office of General Counsel, U.S. Environmental 
Protection Agency; telephone: (202) 564-5631; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Stipulated Settlement Agreement

    The official public docket for this action (identified by EPA-HQ-
OGC-2019-0478) contains a copy of the proposed stipulated 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 stipulated 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.''

II. Additional Information About the Proposed Stipulated Settlement 
Agreement

    On January 20, 2011, Plaintiffs (non-governmental environmental 
organizations) filed a complaint in the United States District Court in 
the Northern District of California asserting

[[Page 45419]]

a single claim against EPA for allegedly violating section 7(a)(2) of 
the ESA by failing to initiate and reinitiate consultation with the 
U.S. Fish and Wildlife Service (``FWS'') and National Marine Fisheries 
Service (``NMFS'') with respect to 382 pesticide active ingredients. 
After motions practice and an appeal to the Ninth Circuit Court of 
Appeals, the plaintiffs filed their fourth amended complaint on June 
29, 2018 for failure to initiate consultation under ESA section 7(a)(2) 
for certain pesticide products containing 35 pesticide active 
ingredients. In October 2019, the parties entered a partial settlement 
agreement, in which EPA committed to a schedule to complete effects 
determinations for eight active ingredients and request initiation of 
any necessary ESA Section 7(a)(2) consultations with NMFS and/or FWS. 
This proposed stipulated settlement agreement incorporates all still 
outstanding obligations from the prior partial settlement agreement and 
resolves the remaining claims.
    Among other provisions, the proposed agreement sets a deadline of 
no later than September 30, 2027 for EPA to complete final Biological 
Evaluations on the potential effects of the following eight active 
ingredients on ESA-listed species and designated critical habitat: 
acephate, bensulide, dimethoate, ethoprop, naled, phorate, phosmet, and 
s,s,s-tributyl phosphorotrithioate (tribufos); and to request 
initiation of any necessary ESA section 7(a)(2) consultations with NMFS 
and/or FWS. The proposed agreement also includes statements of EPA's 
intent to take preceding actions, including: to complete draft 
biological evaluations no later than one year prior to the deadline for 
the final biological evaluations; to provide notice and a 60-day 
opportunity for public comment on any such draft; and, consistent with 
current practice, to conduct nationwide-scale effects determinations.
    Additionally, the proposed agreement sets deadlines for EPA to 
issue certain ESA ``strategies'' that were contemplated in its work 
plan issued on April 12, 2022, entitled Balancing Wildlife Protection 
and Responsible Pesticide Use: How EPA's Pesticide Program Will Meet 
its Endangered Species Act Obligations. These strategies aim to 
identify mitigation measures to address the effects of pesticides to 
ESA-listed species based on certain criteria that EPA has or expects to 
develop based on what it has learned from its ESA section 7 
consultations to date.
    The proposed agreement also includes, as well as other related 
commitments, a commitment by the agricultural industry Defendant-
Intervenors to organize and fund a workshop for interested stakeholders 
to explore how offsets may be used to address the effects of pesticide 
registrations on ESA-listed species and how such offsets could be 
incorporated into the pesticide registration process.
    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 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 enter the proposed agreement if the comments 
disclose facts or considerations that indicate that such consent is 
inappropriate, improper, inadequate, or inconsistent with the 
requirements of the ESA or the Federal Insecticide, Fungicide, and 
Rodenticide Act. Unless EPA or the Department of Justice determines 
that consent should be withdrawn, the terms of the proposed agreement 
will be affirmed.

III. Additional Information About Commenting on the Proposed Stipulated 
Settlement Agreement

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2019-
0478 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. 
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.

    Dated: July 11, 2023.
Randolph L. Hill,
Associate General Counsel.
[FR Doc. 2023-15084 Filed 7-14-23; 8:45 am]
BILLING CODE 6560-50-P
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