Notice2023-08510
Proposed Settlement Agreement, Clean Water Act and Administrative Procedure Act Claims
Primary source
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Published
April 21, 2023
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the EPA Administrator's March 18, 2022, memorandum regarding "Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency," notice is hereby given of a proposed settlement agreement that would resolve Chesapeake Bay Foundation, Inc. et al. v. U.S. EPA et al., No. 1:20-cv-2529 (D.D.C.). On September 10, 2020, four states--Maryland, Virginia, Delaware, and the District of Columbia--and a number of non-state plaintiffs including the Chesapeake Bay Foundation ("CBF") and Anne Arundel County ("Plaintiffs") filed complaints in the U.S. District Court for the District of Columbia. The Plaintiffs asserted that EPA has a mandatory duty under the Clean Water Act ("CWA") to ensure that the goals of the Chesapeake Bay Agreement are met, and that EPA failed to perform that duty. Plaintiffs also asserted that EPA's evaluation of Pennsylvania's 2019 plan for implementing the Chesapeake Bay TMDL was arbitrary and capricious in violation of the Administrative Procedure Act ("APA"). EPA seeks public input on a proposed settlement agreement prior to its final decision-making with regard to potential settlement of the litigation.
Full Text
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<title>Federal Register, Volume 88 Issue 77 (Friday, April 21, 2023)</title>
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[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24613-24614]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08510]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0243; FRL-10914-01-OGC]
Proposed Settlement Agreement, Clean Water Act and Administrative
Procedure Act Claims
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; request for public
comment.
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SUMMARY: In accordance with the EPA Administrator's March 18, 2022,
memorandum regarding ``Consent Decrees and Settlement Agreements to
resolve Environmental Claims Against the Agency,'' notice is hereby
given of a proposed settlement agreement that would resolve Chesapeake
Bay Foundation, Inc. et al. v. U.S. EPA et al., No. 1:20-cv-2529
(D.D.C.). On September 10, 2020, four states--Maryland, Virginia,
Delaware, and the District of Columbia--and a number of non-state
plaintiffs including the Chesapeake Bay Foundation (``CBF'') and Anne
Arundel County (``Plaintiffs'') filed complaints in the U.S. District
Court for the District of Columbia. The Plaintiffs asserted that EPA
has a mandatory duty under the Clean Water Act (``CWA'') to ensure that
the goals of the Chesapeake Bay Agreement are met, and that EPA failed
to perform that duty. Plaintiffs also asserted that EPA's evaluation of
Pennsylvania's 2019 plan for implementing the Chesapeake Bay TMDL was
arbitrary and capricious in violation of the Administrative Procedure
Act (``APA''). EPA seeks public input on a proposed settlement
agreement prior to its final decision-making with regard to potential
settlement of the litigation.
DATES: Written comments on the proposed settlement agreement must be
received by May 22, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0243 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 Settlement
Agreement'' heading under the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Alec Mullee, Water Law Office, Office
of General Counsel, U.S. Environmental Protection Agency telephone:
(202) 564-9616; email address: <a href="/cdn-cgi/l/email-protection#cda0b8a1a1a8a8e3aca1a8ae8da8bdace3aaa2bb"><span class="__cf_email__" data-cfemail="ff928a93939a9ad19e939a9cbf9a8f9ed1989089">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement Agreement
The Chesapeake Bay Program (CBP) partnership collaborates to
restore the water quality of the Chesapeake Bay, primarily through a
series of Chesapeake Bay Agreements. The CBP partnership includes the
states in the Chesapeake Bay watershed--Delaware, Maryland,
Pennsylvania, New York, Virginia, West Virginia, and the District of
Columbia--the Federal government led by EPA, and numerous other
stakeholders. The CBP partnership agreed upon a goal of having all
practices and controls installed by 2025 to achieve the Bay's dissolved
oxygen, water clarity/submerged aquatic vegetation and chlorophyll-a
water quality standards (2025 Goal). The 2025 Goal is reflected in the
latest Chesapeake Bay Agreement. In 2010, in collaboration with the Bay
states, EPA established a Total Maximum Daily Load (TMDL) for the
entire Chesapeake Bay watershed for nitrogen, phosphorus and sediment
to address the aquatic life use impairments of tidal Bay waters and
tidal tributaries. In 2019, the Bay states submitted their latest plans
for implementing the Bay TMDL to EPA for evaluation. EPA's evaluation
of Pennsylvania's plan concluded that, while the state plan would meet
its numeric planning target for phosphorus, it would not meet its
target for nitrogen by 2025. In 2022, Pennsylvania submitted an amended
plan to EPA for evaluation, which EPA found still did not meet the
state's nutrient goals.
On September 10, 2020, the Plaintiffs filed complaints, later
consolidated, against EPA in the U.S. District Court for the District
of Columbia. The parties have negotiated this proposed settlement
agreement. EPA would agree in the proposed settlement agreement to take
a number of steps regarding EPA oversight and funding of Pennsylvania's
efforts under its CWA programs to reduce nutrient and sediment
discharges within Pennsylvania's portion of the Bay watershed. EPA
would also agree to evaluate by the end of 2026 how each Bay state
fared in meeting the 2025 Goal.
For a period of thirty (30) days following the date of publication
of this notice, EPA will accept written comments relating to the
proposed settlement agreement from persons who are not parties to the
litigation. EPA or the Department of Justice may withdraw or withhold
consent to the proposed settlement agreement if the comments received
disclose facts or considerations that indicate that such consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of the Clean Water Act or Administrative Procedure Act.
II. Additional Information About Commenting on the Proposed Settlement
Agreement
A. How can I get a copy of the proposed settlement agreement?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2023-0243) 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.
[[Page 24614]]
The electronic version of the public docket for this action
contains a copy of the proposed settlement agreement 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.''
B. How and to whom do I submit comments?
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-
0243 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.
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.
We strongly encourage you to send your comments electronically to
ensure that they are received prior to the close of the comment period.
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 Neugeboren,
Associate General Counsel.
[FR Doc. 2023-08510 Filed 4-20-23; 8:45 am]
BILLING CODE 6560-50-P
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