Proposed Interim Consent Decree and Proposed Interim Settlement Agreement, Clean Water Act and Administrative Procedure Act Claims, 62079-62080 [2023-19431]
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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
Dated: September 5, 2023.
Cindy S. Barger,
Director, NEPA Compliance Division, Office
of Federal Activities.
[FR Doc. 2023–19397 Filed 9–7–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OGC–2023–0452; FRL–11385–01–
OGC]
Proposed Interim Consent Decree and
Proposed Interim Settlement
Agreement, Clean Water Act and
Administrative Procedure Act Claims
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed interim
consent decree and proposed interim
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 interim consent decree and
proposed interim settlement agreement
in Northwest Environmental Advocates
v. EPA, No. 19–01537 (W.D. Wash.). On
September 26, 2019, Plaintiff Northwest
Environmental Advocates filed a
complaint alleging that EPA failed to
perform duties mandated by the Clean
Water Act (CWA) regarding
Washington’s obligation to develop
Total Maximum Daily Loads (TMDLs) to
address waters identified on the state’s
impaired waters list and that EPA’s
inaction was arbitrary and capricious
under the Administrative Procedure Act
(APA), among other claims. EPA seeks
public input on a proposed interim
consent decree and proposed interim
settlement agreement prior to its final
decision-making regarding entering into
the proposed documents.
DATES: Written comments on the
proposed interim consent decree and
proposed interim settlement agreement
must be received by October 10, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OGC–2023–0452 online at
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
www.regulations.gov, including any
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:30 Sep 07, 2023
Jkt 259001
personal information provided. For
detailed instructions on sending
comments, see the ‘‘Additional
Information About Commenting on the
Proposed Interim Consent Decree and
Proposed Interim Settlement
Agreement’’ heading under the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Elise O’Dea, Water Law Office, Office of
General Counsel, U.S. Environmental
Protection Agency; telephone: (202)
564–4201; email address: odea.elise@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Interim Consent Decree and
Proposed Interim Settlement Agreement
On September 26, 2019, Plaintiff filed
a complaint 1 in the federal district court
for the Western District of Washington
alleging that EPA actions and inactions
concerning the state of Washington’s
water quality assessment and listing
program and TMDL program violated
the APA and section 303(d) of the CWA.
Among other claims, Plaintiff asserted
that EPA violated the CWA by failing to
disapprove Washington’s alleged
constructive submission of no TMDLs
for waters on the state’s 1996 list of
impaired waters needing TMDLs and to
establish TMDLs for such waters. In
August 2020, the district court granted
Washington’s motion to intervene as a
defendant in the litigation. The parties
initiated settlement negotiations shortly
thereafter, which led to the
development of the proposed interim
consent decree and proposed interim
settlement agreement that are the
subject of this notice.
The proposed interim consent decree
and proposed interim settlement
agreement would constitute the first
part of a potential two-phase settlement
framework and thus completion of the
commitments set forth in each
document would not result in dismissal
of the litigation. Specifically, the
proposed interim consent decree would
require Washington to submit three
TMDLs to EPA by December 2025 (Soos
Creek fine sediment, Drayton Harbor
bacteria, and Whatcom Creek bacteria)
and would prohibit the Plaintiff from
filing any new TMDL constructive
submission lawsuits in Washington for
a period of 34 months. Under the
proposed interim settlement agreement,
while the litigation was held in
abeyance, an EPA-funded contractor
would review and evaluate
1 Plaintiff filed an amended complaint on January
24, 2020.
PO 00000
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62079
Washington’s TMDL program to inform
an EPA report providing
recommendations for improving the
program, particularly with respect to the
timely development of TMDLs. Upon
completion and consideration of the
report, the parties would reengage in
settlement discussions in an effort to
reach a final agreement that would
resolve the litigation.
For a period of thirty (30) days
following the date of publication of this
notice, EPA will accept written
comments relating to the proposed
interim consent decree and proposed
interim settlement agreement from
persons who are not parties to the
litigation. EPA also may hold a public
hearing on whether to enter into the
proposed interim consent decree and
proposed interim settlement agreement.
EPA or the Department of Justice may
withdraw or withhold consent to the
proposed interim consent decree and
proposed interim 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 or APA.
II. Additional Information About
Commenting on the Proposed Interim
Consent Decree and Proposed Interim
Settlement Agreement
A. How can I get a copy of the proposed
interim consent decree and proposed
interim settlement agreement?
The official public docket for this
action (identified by Docket ID No.
EPA–HQ–OGC–2023–0452) contains a
copy of the proposed interim consent
decree and proposed interim 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 interim consent decree
and proposed interim 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
E:\FR\FM\08SEN1.SGM
08SEN1
62080
Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
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–
0452 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
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
VerDate Sep<11>2014
17:30 Sep 07, 2023
Jkt 259001
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 Neugeboren,
Associate General Counsel.
[FR Doc. 2023–19431 Filed 9–7–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OGC–2023–0453; FRL–11386–01–
OGC]
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:
Thomas Glazer, Water Law Office,
Office of General Counsel, U.S.
Environmental Protection Agency;
telephone: (202) 564–0908; email
address: glazer.thomas@epa.gov.
SUPPLEMENTARY INFORMATION:
Proposed Consent Decree, Clean
Water Act Claim
I. Additional Information About the
Proposed Consent Decree
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed consent
decree; request for public comment.
The president signed VIDA into law
on December 4, 2018. Among other
things, VIDA directed EPA to
‘‘promulgate Federal standards of
performance for marine pollution
control devices for each type of
discharge incidental to the normal
operation of a vessel’’ by December 4,
2020. 33 U.S.C. 1322(p)(4)(A)(i). EPA
published a proposed rulemaking on
October 26, 2020, 85 FR. 67818, but did
not take final action in time to meet the
statutory deadline.
On September 13, 2022, Plaintiffs sent
EPA a notice of intent (NOI) to sue
alleging that EPA had failed to satisfy its
mandatory duty under VIDA to
promulgate Federal standards of
performance. The Plaintiffs filed a
complaint on February 6, 2023, seeking
a declaratory judgment that EPA
violated the statutory deadline and
ordering the Agency to promulgate
expeditiously.
The parties initiated settlement
discussions, which produced the
proposed consent decree. Under the
consent decree, EPA would be obligated
to sign a decision taking final action by
September 23, 2024. The consent
decree’s schedule is based on EPA’s
projected timeline for completing the
rulemaking. This deadline may be
extended by written agreement of the
parties or by the court pursuant to
Federal Rule 60(b).
For a period of thirty (30) days
following the date of publication of this
notice, EPA will accept written
comments relating to the proposed
consent decree from persons who are
not parties to the litigation. EPA or the
Department of Justice may withdraw or
withhold consent to the proposed
consent decree if the comments received
disclose facts or considerations that
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 consent decree in Center for
Biological Diversity, et al., v. Regan, et
al., No. 3:23–cv–535 (N.D. Cal. 2023).
On February 6, 2023, the Center for
Biological Diversity, the Friends of the
Earth, and Marcelin Keever
(collectively, ‘‘Plaintiffs’’) filed a
complaint in the United States District
Court for the Northern District of
California against the EPA alleging that
the Agency had failed to perform its
non-discretionary duty to promulgate
national standards of performance for
discharges incidental to the normal
operation of large commercial vessels
(and ballast water from certain other
types of vessels) pursuant to the Clean
Water Act (CWA) as amended by the
Vessel Incidental Discharge Act of 2018
(VIDA). EPA seeks public input on a
proposed consent decree setting a date
for final action on the national
standards of performance prior to its
final decision-making regarding
potential settlement of the litigation.
DATES: Written comments on the
proposed consent decree must be
received by October 10, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OGC–2023–0453 online at https://
www.regulations.gov (EPA’s preferred
method). Follow the online instructions
for submitting comments.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62079-62080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19431]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0452; FRL-11385-01-OGC]
Proposed Interim Consent Decree and Proposed Interim Settlement
Agreement, Clean Water Act and Administrative Procedure Act Claims
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed interim consent decree and proposed interim
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 interim consent decree
and proposed interim settlement agreement in Northwest Environmental
Advocates v. EPA, No. 19-01537 (W.D. Wash.). On September 26, 2019,
Plaintiff Northwest Environmental Advocates filed a complaint alleging
that EPA failed to perform duties mandated by the Clean Water Act (CWA)
regarding Washington's obligation to develop Total Maximum Daily Loads
(TMDLs) to address waters identified on the state's impaired waters
list and that EPA's inaction was arbitrary and capricious under the
Administrative Procedure Act (APA), among other claims. EPA seeks
public input on a proposed interim consent decree and proposed interim
settlement agreement prior to its final decision-making regarding
entering into the proposed documents.
DATES: Written comments on the proposed interim consent decree and
proposed interim settlement agreement must be received by October 10,
2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0452 online at 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 www.regulations.gov, including any personal information provided.
For detailed instructions on sending comments, see the ``Additional
Information About Commenting on the Proposed Interim Consent Decree and
Proposed Interim Settlement Agreement'' heading under the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Elise O'Dea, Water Law Office, Office
of General Counsel, U.S. Environmental Protection Agency; telephone:
(202) 564-4201; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Interim Consent Decree and
Proposed Interim Settlement Agreement
On September 26, 2019, Plaintiff filed a complaint \1\ in the
federal district court for the Western District of Washington alleging
that EPA actions and inactions concerning the state of Washington's
water quality assessment and listing program and TMDL program violated
the APA and section 303(d) of the CWA. Among other claims, Plaintiff
asserted that EPA violated the CWA by failing to disapprove
Washington's alleged constructive submission of no TMDLs for waters on
the state's 1996 list of impaired waters needing TMDLs and to establish
TMDLs for such waters. In August 2020, the district court granted
Washington's motion to intervene as a defendant in the litigation. The
parties initiated settlement negotiations shortly thereafter, which led
to the development of the proposed interim consent decree and proposed
interim settlement agreement that are the subject of this notice.
---------------------------------------------------------------------------
\1\ Plaintiff filed an amended complaint on January 24, 2020.
---------------------------------------------------------------------------
The proposed interim consent decree and proposed interim settlement
agreement would constitute the first part of a potential two-phase
settlement framework and thus completion of the commitments set forth
in each document would not result in dismissal of the litigation.
Specifically, the proposed interim consent decree would require
Washington to submit three TMDLs to EPA by December 2025 (Soos Creek
fine sediment, Drayton Harbor bacteria, and Whatcom Creek bacteria) and
would prohibit the Plaintiff from filing any new TMDL constructive
submission lawsuits in Washington for a period of 34 months. Under the
proposed interim settlement agreement, while the litigation was held in
abeyance, an EPA-funded contractor would review and evaluate
Washington's TMDL program to inform an EPA report providing
recommendations for improving the program, particularly with respect to
the timely development of TMDLs. Upon completion and consideration of
the report, the parties would reengage in settlement discussions in an
effort to reach a final agreement that would resolve the litigation.
For a period of thirty (30) days following the date of publication
of this notice, EPA will accept written comments relating to the
proposed interim consent decree and proposed interim settlement
agreement from persons who are not parties to the litigation. EPA also
may hold a public hearing on whether to enter into the proposed interim
consent decree and proposed interim settlement agreement. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
interim consent decree and proposed interim 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 or APA.
II. Additional Information About Commenting on the Proposed Interim
Consent Decree and Proposed Interim Settlement Agreement
A. How can I get a copy of the proposed interim consent decree and
proposed interim settlement agreement?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2023-0452) contains a copy of the proposed interim
consent decree and proposed interim 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 interim consent decree and proposed
interim 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
[[Page 62080]]
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-
0452 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 does not plan to consider these late
comments.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2023-19431 Filed 9-7-23; 8:45 am]
BILLING CODE 6560-50-P
