Notice2023-08606
Proposed Settlement Agreement, Clean Water Act and Administrative Procedure 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
April 24, 2023
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Environmental Protection Agency (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 in Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th Cir.). In October 2021, Center for Biological Diversity (Plaintiff) filed a petition in the U.S. Court of Appeals for the Ninth Circuit challenging EPA's issuance of the 2021 Pesticide General Permit (PGP), a permit issued by EPA pursuant to the Clean Water Act (CWA). The petition alleged that EPA failed to comply with the CWA in issuing the 2021 PGP, and that EPA and the U.S. Fish and Wildlife Service (FWS) failed to comply with the Endangered Species Act (ESA) in issuing the 2021 PGP. 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 78 (Monday, April 24, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24792-24793]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08606]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0247; FRL-10917-01-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.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Environmental Protection Agency (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 in
Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th
Cir.). In October 2021, Center for Biological Diversity (Plaintiff)
filed a petition in the U.S. Court of Appeals for the Ninth Circuit
challenging EPA's issuance of the 2021 Pesticide General Permit (PGP),
a permit issued by EPA pursuant to the Clean Water Act (CWA). The
petition alleged that EPA failed to comply with the CWA in issuing the
2021 PGP, and that EPA and the U.S. Fish and Wildlife Service (FWS)
failed to comply with the Endangered Species Act (ESA) in issuing the
2021 PGP. 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 24, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0247 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#771a021b1b121259161b12143712071659101801"><span class="__cf_email__" data-cfemail="c2afb7aeaea7a7eca3aea7a182a7b2a3eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement Agreement
The PGP covers discharges to waters of the United States from the
following pesticide use patterns: mosquito and other flying insect pest
control; weed and algae pest control; animal pest control; and forest
canopy pest control. Shortly after EPA issued the 2021 PGP, Plaintiff
filed a petition for review in the Ninth Circuit. The parties requested
a stay before briefing commenced, which the court granted. During the
stay, the Parties negotiated this proposed settlement agreement. Under
the proposed agreement, EPA would take specified steps with respect to
implementation of the 2021 PGP. EPA and FWS would complete ESA
consultation on EPA's next issuance of the PGP (the 2026 PGP) by
October 31, 2024. When EPA proposes the 2026 PGP, EPA would propose for
public comment certain changes to its monitoring and recordkeeping
provisions. EPA would issue the 2026 PGP by December 17, 2024, to be
effective in October 2026.
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 CWA, ESA or APA.
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-2023-0247 contains a
[[Page 24793]]
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.
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-
0247 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 M. Neugeboren,
Associate General Counsel.
[FR Doc. 2023-08606 Filed 4-21-23; 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 April 24, 2023.
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.