Notice2023-15110
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
July 18, 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 that would resolve Gunpowder Riverkeeper v. Regan, et al., No. 1:20-cv- 02063 (D.D.C.). On July 29, 2020, Gunpowder Riverkeeper (Plaintiff) filed a complaint in the United States District Court for the District of Columbia alleging that EPA's approval of Maryland's submission of Total Maximum Daily Loads of Polychlorinated Biphenyls (PCB TMDLs) for the Gunpowder and Bird Rivers 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 136 (Tuesday, July 18, 2023)</title>
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[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45900-45901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15110]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0367; FRL-11167-01-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 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
that would resolve Gunpowder Riverkeeper v. Regan, et al., No. 1:20-cv-
02063 (D.D.C.). On July 29, 2020, Gunpowder Riverkeeper (Plaintiff)
filed a complaint in the United States District Court for the District
of Columbia alleging that EPA's approval of Maryland's submission of
Total Maximum Daily Loads of Polychlorinated Biphenyls (PCB TMDLs) for
the Gunpowder and Bird Rivers 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 August 17, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0367 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
[[Page 45901]]
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#412c342d2d24246f202d2422012431206f262e37"><span class="__cf_email__" data-cfemail="7c110910101919521d10191f3c190c1d521b130a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement Agreement
A TMDL is the maximum amount of a pollutant that could enter a
waterbody without causing a violation of water quality standards. The
Clean Water Act (CWA) requires states to submit TMDLs for impaired
waters to EPA for approval or disapproval. The Maryland Department of
the Environment (MDE) listed the Gunpowder River and the Bird River as
impaired for PCBs in fish tissue in 2006 and 2008, respectively. In
2015, MDE established PCB TMDLs concerning those impairments. In 2016,
EPA approved the PCB TMDLs.
In July 2020, Plaintiff filed a lawsuit challenging EPA's approval.
In October 2021, EPA and Plaintiff jointly requested the court to hold
the case in abeyance so that they could engage in settlement
negotiations. In the proposed settlement, EPA would agree to begin fish
tissue sampling in specified areas by December 1, 2023; to make the
results of the sampling available on its website and submit them to
MDE; and to hold a public meeting on PCB TMDL implementation by March
30, 2026 if neither MDE nor Baltimore County does so by September 30,
2025.
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 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-2023-0367) 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.
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-
0367 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.
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. 2023-15110 Filed 7-17-23; 8:45 am]
BILLING CODE 6560-50-P
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