Notice2023-19431
Proposed Interim Consent Decree and Proposed Interim 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
September 8, 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 interim consent decree and proposed interim settlement agreement in Northwest Environmental Advocates v. EPA, No. 19-01537 (W.D. Wash.). On September 26, 2019, Plaintiff Northwest Environmental Advocates filed a complaint alleging that EPA failed to perform duties mandated by the Clean Water Act (CWA) regarding Washington's obligation to develop Total Maximum Daily Loads (TMDLs) to address waters identified on the state's impaired waters list and that EPA's inaction was arbitrary and capricious under the Administrative Procedure Act (APA), among other claims. EPA seeks public input on a proposed interim consent decree and proposed interim settlement agreement prior to its final decision-making regarding entering into the proposed documents.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62079-62080]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19431]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0452; FRL-11385-01-OGC]
Proposed Interim Consent Decree and Proposed Interim Settlement
Agreement, Clean Water Act and Administrative Procedure Act Claims
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed interim consent decree and proposed interim
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 interim consent decree
and proposed interim settlement agreement in Northwest Environmental
Advocates v. EPA, No. 19-01537 (W.D. Wash.). On September 26, 2019,
Plaintiff Northwest Environmental Advocates filed a complaint alleging
that EPA failed to perform duties mandated by the Clean Water Act (CWA)
regarding Washington's obligation to develop Total Maximum Daily Loads
(TMDLs) to address waters identified on the state's impaired waters
list and that EPA's inaction was arbitrary and capricious under the
Administrative Procedure Act (APA), among other claims. EPA seeks
public input on a proposed interim consent decree and proposed interim
settlement agreement prior to its final decision-making regarding
entering into the proposed documents.
DATES: Written comments on the proposed interim consent decree and
proposed interim settlement agreement must be received by October 10,
2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0452 online at <a href="http://www.regulations.gov">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="http://www.regulations.gov">www.regulations.gov</a>, including any personal information provided.
For detailed instructions on sending comments, see the ``Additional
Information About Commenting on the Proposed Interim Consent Decree and
Proposed Interim Settlement Agreement'' heading under the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Elise O'Dea, Water Law Office, Office
of General Counsel, U.S. Environmental Protection Agency; telephone:
(202) 564-4201; email address: <a href="/cdn-cgi/l/email-protection#e28d868783cc878e8b9187a2879283cc858d94"><span class="__cf_email__" data-cfemail="1d7279787c337871746e785d786d7c337a726b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Interim Consent Decree and
Proposed Interim Settlement Agreement
On September 26, 2019, Plaintiff filed a complaint \1\ in the
federal district court for the Western District of Washington alleging
that EPA actions and inactions concerning the state of Washington's
water quality assessment and listing program and TMDL program violated
the APA and section 303(d) of the CWA. Among other claims, Plaintiff
asserted that EPA violated the CWA by failing to disapprove
Washington's alleged constructive submission of no TMDLs for waters on
the state's 1996 list of impaired waters needing TMDLs and to establish
TMDLs for such waters. In August 2020, the district court granted
Washington's motion to intervene as a defendant in the litigation. The
parties initiated settlement negotiations shortly thereafter, which led
to the development of the proposed interim consent decree and proposed
interim settlement agreement that are the subject of this notice.
---------------------------------------------------------------------------
\1\ Plaintiff filed an amended complaint on January 24, 2020.
---------------------------------------------------------------------------
The proposed interim consent decree and proposed interim settlement
agreement would constitute the first part of a potential two-phase
settlement framework and thus completion of the commitments set forth
in each document would not result in dismissal of the litigation.
Specifically, the proposed interim consent decree would require
Washington to submit three TMDLs to EPA by December 2025 (Soos Creek
fine sediment, Drayton Harbor bacteria, and Whatcom Creek bacteria) and
would prohibit the Plaintiff from filing any new TMDL constructive
submission lawsuits in Washington for a period of 34 months. Under the
proposed interim settlement agreement, while the litigation was held in
abeyance, an EPA-funded contractor would review and evaluate
Washington's TMDL program to inform an EPA report providing
recommendations for improving the program, particularly with respect to
the timely development of TMDLs. Upon completion and consideration of
the report, the parties would reengage in settlement discussions in an
effort to reach a final agreement that would resolve the litigation.
For a period of thirty (30) days following the date of publication
of this notice, EPA will accept written comments relating to the
proposed interim consent decree and proposed interim settlement
agreement from persons who are not parties to the litigation. EPA also
may hold a public hearing on whether to enter into the proposed interim
consent decree and proposed interim settlement agreement. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
interim consent decree and proposed interim 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 Interim
Consent Decree and Proposed Interim Settlement Agreement
A. How can I get a copy of the proposed interim consent decree and
proposed interim settlement agreement?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2023-0452) contains a copy of the proposed interim
consent decree and proposed interim 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 interim consent decree and proposed
interim 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
[[Page 62080]]
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-
0452 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. 2023-19431 Filed 9-7-23; 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 September 8, 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.