Notice2022-07595
Proposed Consent Decree, Unreasonable Delay Claim Regarding Toxics Release Inventory Listing
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
April 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is hereby given of a proposed consent decree that resolves Breast Cancer Prevention Partners, et al. v. U.S. Environmental Protection Agency, et al., a case in the United States District Court for the Northern District of California (4:21-cv-07360- HSG) that alleges EPA unreasonably delayed taking final action on its proposed rulemaking to list diisononyl phthalate (DINP) on the Toxics Release Inventory (TRI) pursuant to the Emergency Planning and Community Right-to-Know-Act (EPCRA).
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20853-20854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07595]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0343; FRL-9709-01-OGC]
Proposed Consent Decree, Unreasonable Delay Claim Regarding
Toxics Release Inventory Listing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
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SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's March 18, 2022, Memorandum entitled Consent Decrees and
Settlement Agreements to Resolve Environmental Claims Against the
Agency, notice is hereby given of a proposed consent decree that
resolves Breast Cancer Prevention Partners, et al. v. U.S.
Environmental Protection Agency, et al., a case in the United States
District Court for the Northern District of California (4:21-cv-07360-
HSG) that alleges EPA unreasonably delayed taking final action on its
proposed rulemaking to list diisononyl phthalate (DINP) on the Toxics
Release Inventory (TRI) pursuant to the Emergency Planning and
Community Right-to-Know-Act (EPCRA).
DATES: Written comments on the proposed consent decree must be received
by May 9, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0343 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, 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 is open to visitors
by appointment only. Our Docket Center staff continues 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
[[Page 20854]]
Docket Center services and the latest status information, please visit
us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Benjamin Wakefield, Pesticides and
Toxic Substances Law Office MC-2333A, Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone (202) 564-3186; email address
<a href="/cdn-cgi/l/email-protection#3047515b555659555c541e52555e5a515d595e705540511e575f46"><span class="__cf_email__" data-cfemail="daadbbb1bfbcb3bfb6bef4b8bfb4b0bbb7b3b49abfaabbf4bdb5ac">[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-2022-0343) 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
Prior to this lawsuit being filed, EPA received a petition in
February 2000 to add a plastic additive called diisononyl phthalate
(DINP) to the Emergency Planning and Community Right-to-Know Act
(EPCRA) section 313 toxic chemical list (i.e., the Toxics Release
Inventory (TRI)). EPA issued a proposed regulation to list DINP on the
TRI on September 5, 2000. EPA published a Notice of Data Availability
(NODA) with a revised hazard assessment for DINP in the Federal
Register on June 14, 2005 (70 FR 34437) and invited public comment on
the revised assessment.
Plaintiffs filed a Complaint on September 22, 2021, alleging that
EPA's failure to conclude the rulemaking it initiated in 2000
constitutes an unreasonable delay under Section 706(1) of the
Administrative Procedure Act, 5 U.S.C. 706(1).
This proposed consent decree states that no later than January 31,
2023, EPA shall either sign a final rule that lists DINP on the TRI or
sign a notice for publication in the Federal Register to withdraw the
proposed rulemaking to list DINP on the TRI. The proposed consent
decree further states that if the Office of Management and Budget (OMB)
determines that a rule to list DINP warrants review under Executive
Order 12866 at the supplemental proposal and/or final rule stage, the
deadline shall be extended by 90 days for each stage of review that OMB
initiates, for a total extension of 180 days if OMB initiates review at
both the supplemental proposal and the final rule stages. Court
approval of this proposed consent decree would resolve all claims in
this case except for any claim for the costs of litigation, including
attorneys' fees.
For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree 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 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 APA or EPCRA. Unless EPA or the Department of
Justice determines that consent should be withdrawn, the terms of the
proposed consent decree will be affirmed.
III. Additional Information About Commenting on the Proposed Consent
Decree
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-
0343 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 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.
Christopher E. Kaczmarek,
Acting Associate General Counsel.
[FR Doc. 2022-07595 Filed 4-7-22; 8:45 am]
BILLING CODE 6560-50-P
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