Proposed Consent Decree, Clean Water Act Claim; Reopening of the Comment Period, 35090-35091 [2024-09435]

Download as PDF 35090 Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION AGENCY Federal Energy Regulatory Commission [EPA–HQ–OGC–2024–0145; FRL–11854–02– OGC] Combined Notice of Filings Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: ddrumheller on DSK120RN23PROD with NOTICES1 Filings Instituting Proceedings Docket Numbers: RP24–691–000. Applicants: El Paso Natural Gas Company, L.L.C. Description: Compliance filing: Penalty Crediting Report for 2023 to be effective N/A. Filed Date: 4/25/24. Accession Number: 20240425–5129. Comment Date: 5 p.m. ET 5/7/24. Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission’s Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. The filings are accessible in the Commission’s eLibrary system (https:// elibrary.ferc.gov/idmws/search/fercgen search.asp) by querying the docket number. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Dated: April 25, 2024. Debbie-Anne A. Reese, Acting Secretary. [FR Doc. 2024–09442 Filed 4–30–24; 8:45 am] BILLING CODE 6717–01–P VerDate Sep<11>2014 16:59 Apr 30, 2024 Jkt 262001 Proposed Consent Decree, Clean Water Act Claim; Reopening of the Comment Period Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; reopening of public comment period. AGENCY: The Environmental Protection Agency (EPA) provided notice of a proposed consent decree in Sierra Club, et al. v. EPA, et al., No. 3:24–cv–00130 (S.D.W. Va. 2024) on March 29, 2024. The EPA is reopening the public comment period for this proposed consent decree. DATES: The comment period for the proposed consent decree published on March 29, 2024, at 89 FR 22140, is reopened. Written comments on the proposed consent decree must be received by May 31, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2024–0145 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: 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. SUMMARY: SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree On March 18, 2024, Sierra Club, the West Virginia Highlands Conservancy, Inc., and the West Virginia Rivers Coalition, Inc. (collectively, ‘‘Plaintiffs’’) filed a complaint in Federal district court asserting that EPA failed to perform a mandatory duty under the Clean Water Act (CWA) to establish total maximum daily loads (TMDLs) for certain waters located in the Lower Guyandotte River Watershed in West PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Virginia that are biologically impaired due to ionic toxicity (Ionic Toxicity TMDLs). This complaint followed Plaintiffs’ submission to EPA of a Notice of Intent to Sue (NOI) on March 21, 2023. Following submission of the NOI, Plaintiffs and EPA initiated settlement discussions, which resulted in the proposed consent decree. Under the consent decree, EPA would be obligated to establish Ionic Toxicity TMDLs for 11 waterbody segments in the Lower Guyandotte River Watershed by January 15, 2025. In exchange, Plaintiffs would permanently release any and all claims against EPA that the Agency must establish ionic toxicity TMDLs for any other waterbody segments within the Lower Guyandotte River Watershed except for six identified waterbody segments and any waterbody segments that are listed as biologically impaired for the first time after June 1, 2023. For those six waterbody segments and any waterbody segments listed as biologically impaired for the first time after June 1, 2023, Plaintiffs would refrain from bringing any such claims against EPA until January 15, 2039. Further, Plaintiffs would not bring such claims against EPA for any West Virginia waterbody segment outside the Lower Guyandotte River Watershed until after January 15, 2025. In accordance with the EPA Administrator’s March 18, 2022, memorandum regarding ‘‘Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency,’’ the EPA provided notice of the proposed consent decree in Sierra Club, et al. v. EPA, et al., No. 3:24–cv– 00130 (S.D.W. Va. 2024) on March 29, 2024. 89 FR 22140–41. The EPA is reopening the public comment period. Written comments on the proposed consent decree must now be received by May 31, 2024. EPA seeks public input prior to its final decision-making with regard to potential settlement of the litigation. 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 indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the CWA. E:\FR\FM\01MYN1.SGM 01MYN1 Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices II. Additional Information About Commenting on the Proposed Consent Decree ddrumheller on DSK120RN23PROD with NOTICES1 A. How can I get a copy of the proposed consent decree? The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2024–0145) 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.’’ B. How and to whom do I submit comments? Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2024– 0145 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- VerDate Sep<11>2014 16:59 Apr 30, 2024 Jkt 262001 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 M. Neugeboren, Associate General Counsel. [FR Doc. 2024–09435 Filed 4–30–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2024–0204; FRL–11940–01– OGC] Proposed Settlement Agreement, Clean Air Act Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. AGENCY: In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed settlement agreement in Nevada Cement Co., LLC v. EPA et al. On April 14, 2023, Plaintiff Nevada Cement Company, LLC filed a petition for review in the United States SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 35091 Court of Appeals for the Ninth Circuit in Case No. 23–682. On June 5, 2023, Plaintiff filed a petition for review in the same court in Case No. 23–1098. Plaintiff disputes the Environmental Protection Agency’s (EPA) disapproval of a state implementation plan submitted by the State of Nevada and promulgation of the final rule entitled ‘‘Federal ‘Good Neighbor Plan’ for the 2015 Ozone National Ambient Air Quality Standards.’’ The proposed settlement agreement would establish a process and deadlines by which Plaintiff would apply to EPA for a Caseby-Case Emissions Limit Request for its Fernley, Nevada, facility, in exchange for agreeing to lift a judicial stay entered by the U.S. Court of Appeals for the Ninth Circuit. DATES: Written comments on the proposed settlement agreement must be received by May 31, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2024–0204, 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: Kyle Durch, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone (202) 564–1809; email address durch.kyle@epa.gov. SUPPLEMENTARY INFORMATION: I. Obtaining a Copy of the Proposed Settlement Agreement The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2024–0204) 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) E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35090-35091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09435]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2024-0145; FRL-11854-02-OGC]


Proposed Consent Decree, Clean Water Act Claim; Reopening of the 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; reopening of public comment 
period.

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

SUMMARY: The Environmental Protection Agency (EPA) provided notice of a 
proposed consent decree in Sierra Club, et al. v. EPA, et al., No. 
3:24-cv-00130 (S.D.W. Va. 2024) on March 29, 2024. The EPA is reopening 
the public comment period for this proposed consent decree.

DATES: The comment period for the proposed consent decree published on 
March 29, 2024, at 89 FR 22140, is re-opened. Written comments on the 
proposed consent decree must be received by May 31, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0145 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: 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 Consent Decree

    On March 18, 2024, Sierra Club, the West Virginia Highlands 
Conservancy, Inc., and the West Virginia Rivers Coalition, Inc. 
(collectively, ``Plaintiffs'') filed a complaint in Federal district 
court asserting that EPA failed to perform a mandatory duty under the 
Clean Water Act (CWA) to establish total maximum daily loads (TMDLs) 
for certain waters located in the Lower Guyandotte River Watershed in 
West Virginia that are biologically impaired due to ionic toxicity 
(Ionic Toxicity TMDLs). This complaint followed Plaintiffs' submission 
to EPA of a Notice of Intent to Sue (NOI) on March 21, 2023. Following 
submission of the NOI, Plaintiffs and EPA initiated settlement 
discussions, which resulted in the proposed consent decree. Under the 
consent decree, EPA would be obligated to establish Ionic Toxicity 
TMDLs for 11 waterbody segments in the Lower Guyandotte River Watershed 
by January 15, 2025. In exchange, Plaintiffs would permanently release 
any and all claims against EPA that the Agency must establish ionic 
toxicity TMDLs for any other waterbody segments within the Lower 
Guyandotte River Watershed except for six identified waterbody segments 
and any waterbody segments that are listed as biologically impaired for 
the first time after June 1, 2023. For those six waterbody segments and 
any waterbody segments listed as biologically impaired for the first 
time after June 1, 2023, Plaintiffs would refrain from bringing any 
such claims against EPA until January 15, 2039. Further, Plaintiffs 
would not bring such claims against EPA for any West Virginia waterbody 
segment outside the Lower Guyandotte River Watershed until after 
January 15, 2025.
    In accordance with the EPA Administrator's March 18, 2022, 
memorandum regarding ``Consent Decrees and Settlement Agreements to 
resolve Environmental Claims Against the Agency,'' the EPA provided 
notice of the proposed consent decree in Sierra Club, et al. v. EPA, et 
al., No. 3:24-cv-00130 (S.D.W. Va. 2024) on March 29, 2024. 89 FR 
22140-41. The EPA is reopening the public comment period. Written 
comments on the proposed consent decree must now be received by May 31, 
2024. EPA seeks public input prior to its final decision-making with 
regard to potential settlement of the litigation. 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 indicate that 
such consent is inappropriate, improper, inadequate, or inconsistent 
with the requirements of the CWA.

[[Page 35091]]

II. Additional Information About Commenting on the Proposed Consent 
Decree

A. How can I get a copy of the proposed consent decree?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2024-0145) 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.''

B. How and to whom do I submit comments?

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2024-
0145 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 M. Neugeboren,
Associate General Counsel.
[FR Doc. 2024-09435 Filed 4-30-24; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.