Proposed Settlement Agreement, Petition for Writ of Mandamus, 18408-18409 [2024-05287]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 18408 Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices the public, and submit to the Administrator of EPA, an annual report of violations of national primary drinking water regulations in the state. These Annual State Public Water System Compliance Reports are to include violations of maximum contaminant levels, treatment requirements, variances and exemptions, and monitoring requirements determined to be significant by the Administrator after consultation with the states. To minimize a state’s burden in preparing its annual statutorily required report, the EPA issued guidance that explains what section 1414(c)(3)(A) requires and provides model language and reporting templates. The EPA also annually makes available to the states a computer query that generates for each state (from information states are already separately required to submit to EPA’s national database on a quarterly basis) the required violations information in a table consistent with the reporting template in the EPA’s guidance. Form Numbers: None. Respondents/affected entities: Entities that are potentially affected by this action are states that have primacy enforcement authority and meet the definition of ‘‘state’’ under the SDWA. Respondent’s obligation to respond: Mandatory under section 1414 (c)(3)(A) of SDWA. Estimated number of respondents: 55 (total). Frequency of response: Annually. Total estimated burden: 4,400 hours (per year). Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $730,000 (per year), includes $0 annualized capital or operation & maintenance costs. Changes in Estimates: There is no change in burden from the most recently approved ICR as currently identified in the OMB Inventory of Approved Burdens. This is due to two considerations. First, the regulations have not changed over the past three years and are not anticipated to change over the next three years. Second, the growth rate for this industry is very low or non-existent, so there is no significant change in the overall burden. Since there are no changes in the regulatory requirements and there is no significant industry growth, there are also no changes in the capital/startup or operation and maintenance (O&M) costs. There is a slight increase in costs, which is wholly due to the use of updated labor rates. This ICR uses labor rates from the most recent Bureau of VerDate Sep<11>2014 17:33 Mar 12, 2024 Jkt 262001 Labor Statistics report (December 2023) to calculate respondent burden costs. Loren Denton, Director, Monitoring Assistance and Media Programs Division, Office of Compliance. [FR Doc. 2024–05285 Filed 3–12–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2024–0112; FRL–11804–01– OGC] Proposed Settlement Agreement, Petition for Writ of Mandamus Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. AGENCY: Notice is given of a proposed settlement agreement to address a petition for writ of mandamus filed by the Ecology Center, the Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and the Sierra Club (collectively, ‘‘Petitioners’’) in the United States Court of Appeals for the Ninth Circuit: Ecology Center, et al. v. U.S. EPA, No. 23–70158 (9th Cir.). Petitioners filed a petition for writ of mandamus on August 22, 2023, requesting that the Ninth Circuit direct the Environmental Protection Agency (EPA) to ‘‘conclude a rulemaking under [TSCA] regulating lead wheel weights within six months.’’ The mandamus petition alleges that EPA’s 14-year delay violated the APA’s requirement that a Federal agency ‘‘conclude a matter presented to it . . . within a reasonable time,’’ and that the court has the authority to ‘‘compel agency action unlawfully withheld or unreasonably delayed.’’ EPA is providing notice of this proposed settlement agreement, which would resolve all claims in the case by establishing deadlines for EPA to take final action. DATES: Written comments on the proposed settlement agreement must be received by April 12, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2024–0112, 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 SUMMARY: PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 comments and additional information on the rulemaking process, see the ‘‘Additional Information about Commenting on the Proposed Settlement Agreement’’ heading under the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Alyssa Gsell, Pesticides and Toxic Substances Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone (202) 564– 7413; email address Gsell.Alyssa@ epa.gov. SUPPLEMENTARY INFORMATION: I. Obtaining a Copy of the Proposed Settlement Agreement The official public docket for this action (Docket ID No. EPA–HQ–OGC– 2024–0112) contains a 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.’’ II. Additional Information About the Proposed Settlement Agreement In 2009, Petitioners petitioned EPA under the Toxic Substances Control Act (‘‘TSCA’’) section 21, requesting that EPA regulate lead wheel weights. EPA granted the 2009 Petition but did not issue either an Advanced Notice of Proposed Rulemaking or a Proposed Rule. On August 22, 2023, Petitioners filed a petition for writ of mandamus requesting that the Ninth Circuit direct EPA to ‘‘conclude a rulemaking under [TSCA] regulating lead wheel weights within six months.’’ The mandamus petition alleged that EPA’s 14-year delay violated the APA’s requirement that a E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices Federal agency ‘‘conclude a matter presented to it . . . within a reasonable time,’’ 5 U.S.C. 555(b), and that the court had authority to ‘‘compel agency action unlawfully withheld or unreasonably delayed.’’ Id. sec. 706. In accordance with the EPA’s ‘‘Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency’’ (March 18, 2022), for a period of thirty (30) days following the date of publication of this document, the Agency will accept written comments relating to a proposed settlement agreement for these claims. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, or inadequate. III. Additional Information About Commenting on the Proposed Settlement Agreement lotter on DSK11XQN23PROD with NOTICES1 Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2024– 0112, 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. Note that written comments containing CBI and submitted by mail may be delayed and deliveries or couriers will be received by scheduled appointment only. 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’’ 18409 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. 2024–05287 Filed 3–12–24; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [FR ID 207973] Open Commission Meeting Thursday, March 14, 2024 March 7, 2024. The Federal Communications Commission will hold an Open Meeting on the subjects listed below on Thursday, March 14, 2024, which is scheduled to commence at 10:30 a.m. in the Commission Meeting Room of the Federal Communications Commission, 45 L Street NE, Washington, DC. While attendance at the Open Meeting is available to the public, the FCC headquarters building is not open access and all guests must check in with and be screened by FCC security at the main entrance on L Street. Attendees at the Open Meeting will not be required to have an appointment but must otherwise comply with protocols outlined at: www.fcc.gov/visit. Open Meetings are streamed live at: www.fcc.gov/live and on the FCC’s YouTube channel. Item No. Bureau Subject 1 .............. Public Safety & Homeland Security ............ 2 .............. Wireline Competition ................................... 3 .............. Wireless Telecommunications and Space .. 4 .............. Media .......................................................... Title: Cybersecurity Labeling for Internet of Things (PS Docket No. 23–239). Summary: The Commission will consider a Report and Order to create a voluntary cybersecurity labeling program for wireless consumer Internet of Things (IoT) products, which would help consumers make informed purchasing decisions, differentiate trustworthy products in the marketplace, and create incentives for manufacturers to meet higher cybersecurity standards. Title: Inquiry Concerning Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion (GN Docket No. 22–270). Summary: The Commission will consider the draft 2024 Section 706 Report, which, if adopted, would fulfill the Commission’s statutory responsibility under section 706 of the Telecommunications Act of 1996 and raise the fixed speed benchmark for advanced telecommunications capability to 100/20 Mbps. Title: Single Network Future: Supplemental Coverage from Space (GN Docket No. 23–65); Space Innovation (IB Docket No. 22–271). Summary: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that would advance the Commission’s vision for a single network future in which satellite and terrestrial networks work seamlessly together to provide coverage for consumer handsets that neither network can achieve on its own. Title: All-In Cable and Satellite TV Pricing (MB Docket No. 23–203). VerDate Sep<11>2014 17:33 Mar 12, 2024 Jkt 262001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18408-18409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05287]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2024-0112; FRL-11804-01-OGC]


Proposed Settlement Agreement, Petition for Writ of Mandamus

AGENCY: Environmental Protection Agency (EPA).

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

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

SUMMARY: Notice is given of a proposed settlement agreement to address 
a petition for writ of mandamus filed by the Ecology Center, the Center 
for Environmental Health, United Parents Against Lead & Other 
Environmental Hazards, and the Sierra Club (collectively, 
``Petitioners'') in the United States Court of Appeals for the Ninth 
Circuit: Ecology Center, et al. v. U.S. EPA, No. 23-70158 (9th Cir.). 
Petitioners filed a petition for writ of mandamus on August 22, 2023, 
requesting that the Ninth Circuit direct the Environmental Protection 
Agency (EPA) to ``conclude a rulemaking under [TSCA] regulating lead 
wheel weights within six months.'' The mandamus petition alleges that 
EPA's 14-year delay violated the APA's requirement that a Federal 
agency ``conclude a matter presented to it . . . within a reasonable 
time,'' and that the court has the authority to ``compel agency action 
unlawfully withheld or unreasonably delayed.'' EPA is providing notice 
of this proposed settlement agreement, which would resolve all claims 
in the case by establishing deadlines for EPA to take final action.

DATES: Written comments on the proposed settlement agreement must be 
received by April 12, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0112, 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 and additional 
information on the rulemaking process, see the ``Additional Information 
about Commenting on the Proposed Settlement Agreement'' heading under 
the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Alyssa Gsell, Pesticides and Toxic 
Substances Law Office, Office of General Counsel, U.S. Environmental 
Protection Agency; telephone (202) 564-7413; email address 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Settlement Agreement

    The official public docket for this action (Docket ID No. EPA-HQ-
OGC-2024-0112) contains a 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.''

II. Additional Information About the Proposed Settlement Agreement

    In 2009, Petitioners petitioned EPA under the Toxic Substances 
Control Act (``TSCA'') section 21, requesting that EPA regulate lead 
wheel weights. EPA granted the 2009 Petition but did not issue either 
an Advanced Notice of Proposed Rulemaking or a Proposed Rule.
    On August 22, 2023, Petitioners filed a petition for writ of 
mandamus requesting that the Ninth Circuit direct EPA to ``conclude a 
rulemaking under [TSCA] regulating lead wheel weights within six 
months.'' The mandamus petition alleged that EPA's 14-year delay 
violated the APA's requirement that a

[[Page 18409]]

Federal agency ``conclude a matter presented to it . . . within a 
reasonable time,'' 5 U.S.C. 555(b), and that the court had authority to 
``compel agency action unlawfully withheld or unreasonably delayed.'' 
Id. sec. 706.
    In accordance with the EPA's ``Consent Decrees and Settlement 
Agreements to Resolve Environmental Claims Against the Agency'' (March 
18, 2022), for a period of thirty (30) days following the date of 
publication of this document, the Agency will accept written comments 
relating to a proposed settlement agreement for these claims. EPA or 
the Department of Justice may withdraw or withhold consent to the 
proposed settlement agreement if the comments disclose facts or 
considerations that indicate that such consent is inappropriate, 
improper, or inadequate.

III. Additional Information About Commenting on the Proposed Settlement 
Agreement

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2024-
0112, 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. Note that written 
comments containing CBI and submitted by mail may be delayed and 
deliveries or couriers will be received by scheduled appointment only.
    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. 2024-05287 Filed 3-12-24; 8:45 am]
BILLING CODE 6560-50-P
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