Notice2021-23427
Proposed Consent Decree, Safe Drinking Water Act Claims
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 27, 2021
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Environmental Protection Agency (EPA) Administrator's October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, EPA is giving notice of a proposed consent decree to address a complaint filed by the Natural Resources Defense Council in the United States District Court for the Southern District of New York alleging that EPA failed to perform a mandatory duty under the Safe Drinking Water Act (SDWA). On January 19, 2021, the Plaintiffs filed a complaint pursuant to the SDWA alleging failure of the Administrator to issue revisions to EPA's consumer confidence report regulations by October 23, 2020. Under the proposed Consent Decree, the EPA would agree to a deadline for issuing the revisions.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 205 (Wednesday, October 27, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59383-59385]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23427]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2021-0753; FRL-9178-01-OGC]
Proposed Consent Decree, Safe Drinking Water Act Claims
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's October 16, 2017, Directive Promoting Transparency and
Public Participation in Consent Decrees and Settlement Agreements, EPA
is giving notice of a proposed consent decree to address a complaint
filed by the Natural Resources Defense Council in the United States
District Court for the Southern District of New York alleging that EPA
failed to perform a mandatory duty under the Safe Drinking Water Act
(SDWA). On January 19, 2021, the Plaintiffs filed a complaint pursuant
to the SDWA alleging failure of the Administrator to issue revisions to
EPA's consumer confidence report regulations by October 23, 2020. Under
the proposed Consent Decree, the EPA would agree to a deadline for
issuing the revisions.
[[Page 59384]]
DATES: Written comments on the proposed consent decree must be received
by November 26, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0753, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 Consent Decree'' heading under the
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance
of caution for members of the public and our staff, the EPA Docket
Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as there may be a delay in processing
mail and faxes. Hand-deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
FOR FURTHER INFORMATION CONTACT: Leslie Darman, Water Law Office,
Office of General Counsel, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564-5452;
email address: <a href="/cdn-cgi/l/email-protection#d094b1a2bdb1befe9cb5a3bcb9b590b5a0b1feb7bfa6"><span class="__cf_email__" data-cfemail="0f4b6e7d626e6121436a7c63666a4f6a7f6e21686079">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Consent Decree
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2021-0753) contains a copy of the proposed consent
decree.
The electronic version of the public docket for this action
contains a copy of the proposed consent decree and is available through
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may use <a href="https://www.regulations.gov">https://www.regulations.gov</a> to
submit or view public comments, access the index listing of the
contents of the official public docket, and access those documents in
the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search.''
II. Additional Information About the Proposed Consent Decree
On January 19, 2021, the Natural Resources Defense Council filed a
complaint pursuant to SDWA alleging failure of the Administrator to
issue revisions to the consumer confidence report regulations by
October 23, 2020. (Natural Resources Defense Council v. Michael Regan,
Administrator of the United States Environmental Protection Agency, et
al., No. 21-cv-461 (S.D.N.Y.)) Pursuant to Section 1414(c)(4) of the
Safe Drinking Water Act (SDWA), EPA promulgated consumer confidence
report regulations in 1998 to require ``each community water system to
mail to each customer of the system at least once annually a report on
the level of contaminants in the drinking water purveyed by that system
(referred to in this paragraph as a ``consumer confidence report'').''
42 U.S.C. 300g-3(c)(4)(A). In 2018, the America's Water Infrastructure
Act (``the Act'') amended Section 1414(c)(4) to require EPA to issue
revisions to its consumer confidence report regulations ``[n]ot later
than 24 months after October 23, 2018,'' or October 23, 2020, 42 U.S.C.
300g-3(c)(4)(F)(i), to increase ``the readability, clarity, and
understandability of the information presented in consumer confidence
reports'' and to increase ``the accuracy of information presented, and
risk communication, in consumer confidence reports.'' 42 U.S.C. 300g-
3(c)(4)(F)(i)(I)(aa)-(bb). The Act also provides that the CCR
regulations (1) require community water systems serving more than
10,000 persons to provide a consumer confidence report to each customer
``at least biannually'' and (2) allow electronic delivery of the
consumer confidence reports. 42 U.S.C. 300g-3(c)(4)(F)(i)(II) and 300g-
3(c)(4)(F)(ii). The Act requires EPA to issue the revisions to the CCR
regulations ``in consultation with'' ``public water systems,
environmental groups, public interest groups, risk communication
experts, and the States, and other interested parties,'' 42 U.S.C.
300g-3(c)(4)(F) and 300g-3(c)(4)(A). EPA has not issued revisions to
the consumer confidence report regulations as described in 42 U.S.C.
300g-3(c)(4)(F), 42 U.S.C. 300g-3(c)(4)(F)(i). Under the proposed
Consent Decree, the EPA would agree to a deadline for issuing the
revisions.
For a period of thirty (30) days following the date of publication
of this document, the Agency will accept written comments relating to
the proposed consent decree. EPA or the Department of Justice may
withdraw or withhold consent to the proposed consent decree if the
comments disclose facts or considerations that indicate that such
consent is inappropriate, improper, inadequate, or inconsistent with
the requirements of the Act.
III. Additional Information About Commenting on the Proposed Consent
Decree
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2021-
0753, via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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
[[Page 59385]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
Steven M. Neugeboren,
Associate General Counsel.
[FR Doc. 2021-23427 Filed 10-26-21; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 27, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.