Notice2023-02351
Proposed Consent Decree, Resource Conservation and Recovery Act Citizen Suit
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
February 3, 2023
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, this will provide notice and opportunity for public comment on a proposed Consent Decree in the matter of Statewide Organizing for Community eMpowerment v. U.S. Environmental Protection Agency, No. 1:22-cv-2562-JDB (D.D.C.). On August 25, 2022, a coalition of environmental organizations filed a complaint in the United States District Court for the District of Columbia. In the complaint, Plaintiffs allege that EPA has violated section 2002(b) of the Resource Conservation and Recovery Act (RCRA), by failing to perform its non-discretionary duty under to review and, if necessary, revise a regulation that exempts inactive coal combustion residuals (CCR) landfills from the CCR disposal regulations. The proposed consent decree would establish deadlines for EPA to sign proposed and final actions.
Full Text
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<title>Federal Register, Volume 88 Issue 23 (Friday, February 3, 2023)</title>
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[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7443-7445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02351]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0055; FRL-10631-01-OGC]
Proposed Consent Decree, Resource Conservation and Recovery Act
Citizen Suit
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, this will provide notice and opportunity for public comment on
a proposed Consent Decree in the matter of Statewide Organizing for
Community eMpowerment v. U.S. Environmental Protection Agency, No.
1:22-cv-2562-JDB (D.D.C.).
On August 25, 2022, a coalition of environmental organizations
filed a complaint in the United States District Court for the District
of Columbia. In the complaint, Plaintiffs allege that EPA has violated
section 2002(b) of the Resource Conservation and Recovery Act (RCRA),
by failing to perform its non-discretionary duty under to review and,
[[Page 7444]]
if necessary, revise a regulation that exempts inactive coal combustion
residuals (CCR) landfills from the CCR disposal regulations. The
proposed consent decree would establish deadlines for EPA to sign
proposed and final actions.
DATES: Written comments on the proposed consent decree must be received
by March 6, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0055, 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.
FOR FURTHER INFORMATION CONTACT: Laurel Celeste, Solid Waste and
Emergency Response Law Office, Office of General Counsel, U.S.
Environmental Protection Agency; telephone (202) 564-1751; email
address <a href="/cdn-cgi/l/email-protection#bcdfd9d0d9cfc8d992d0ddc9ced9d0fcd9ccdd92dbd3ca"><span class="__cf_email__" data-cfemail="fa999f969f898e9fd4969b8f889f96ba9f8a9bd49d958c">[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-2023-0055) 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
<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 August 25, 2022, a coalition of environmental organizations
(collectively ``Plaintiffs'') filed a complaint in the United States
District Court for the District of Columbia alleging that EPA had
failed to perform its non-discretionary duty under RCRA section 2002(b)
of RCRA, 42 U.S.C. to review and, if necessary, revise a regulation
that exempts inactive CCR landfills from the CCR disposal regulations
at 40 CFR part 257. 40 CFR 257.50(d). ``Inactive'' CCR landfills are
those that stopped receiving waste before October 17, 2016.
RCRA provides that ``Each regulation promulgated under this chapter
shall be reviewed and, where necessary, revised not less frequently
than every three years.'' 42 U.S.C. 6912(b). Citizens may file a claim
against EPA for failure to comply with a mandatory duty. Any person may
commence a civil action against the Administrator ``where there is
alleged a failure of the Administrator to perform any act or duty under
this chapter which is not discretionary with the Administrator.'' 42
U.S.C. 6972(a)(2).
The proposed consent decree, if finalized, would establish
deadlines for EPA to take certain actions under RCRA. Specifically, the
proposed consent decree would require that EPA: (1) on or before May 5,
2023, either complete a review of 40 CFR 257.50(d), and determine that
no revision is necessary or sign a proposed rule to revise 40 CFR
257.50(d); and (2) if a proposal has been issued, take final action
regarding EPA's proposed revision of 40 CFR 257.50(d), no later than
May 6, 2024.
In accordance with the EPA Administrator's March 18, 2022,
Memorandum entitled Consent Decrees and Settlement Agreements to
Resolve Environmental Claims Against the Agency, 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-2023-
0055, 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
[[Page 7445]]
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.
Jennifer Lewis,
Acting Associate General Counsel.
[FR Doc. 2023-02351 Filed 2-2-23; 8:45 am]
BILLING CODE 6560-50-P
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