Notice2023-19433
Proposed Consent Decree, Clean Water Act Claim
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 consent decree in Center for Biological Diversity, et al., v. Regan, et al., No. 3:23-cv-535 (N.D. Cal. 2023). On February 6, 2023, the Center for Biological Diversity, the Friends of the Earth, and Marcelin Keever (collectively, "Plaintiffs") filed a complaint in the United States District Court for the Northern District of California against the EPA alleging that the Agency had failed to perform its non-discretionary duty to promulgate national standards of performance for discharges incidental to the normal operation of large commercial vessels (and ballast water from certain other types of vessels) pursuant to the Clean Water Act (CWA) as amended by the Vessel Incidental Discharge Act of 2018 (VIDA). EPA seeks public input on a proposed consent decree setting a date for final action on the national standards of performance prior to its final decision-making regarding potential settlement of the litigation.
Full Text
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<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62080-62081]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19433]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0453; FRL-11386-01-OGC]
Proposed Consent Decree, Clean Water Act Claim
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 regarding ``Consent Decrees
and Settlement Agreements to resolve Environmental Claims Against the
Agency,'' notice is hereby given of a proposed consent decree in Center
for Biological Diversity, et al., v. Regan, et al., No. 3:23-cv-535
(N.D. Cal. 2023). On February 6, 2023, the Center for Biological
Diversity, the Friends of the Earth, and Marcelin Keever (collectively,
``Plaintiffs'') filed a complaint in the United States District Court
for the Northern District of California against the EPA alleging that
the Agency had failed to perform its non-discretionary duty to
promulgate national standards of performance for discharges incidental
to the normal operation of large commercial vessels (and ballast water
from certain other types of vessels) pursuant to the Clean Water Act
(CWA) as amended by the Vessel Incidental Discharge Act of 2018 (VIDA).
EPA seeks public input on a proposed consent decree setting a date for
final action on the national standards of performance prior to its
final decision-making regarding potential settlement of the litigation.
DATES: Written comments on the proposed consent decree must be received
by October 10, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0453 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 Consent
Decree'' heading under the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Thomas Glazer, Water Law Office,
Office of General Counsel, U.S. Environmental Protection Agency;
telephone: (202) 564-0908; email address: <a href="/cdn-cgi/l/email-protection#63040f021906114d170b0c0e0210230613024d040c15"><span class="__cf_email__" data-cfemail="2c4b404d56495e02584443414d5f6c495c4d024b435a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
The president signed VIDA into law on December 4, 2018. Among other
things, VIDA directed EPA to ``promulgate Federal standards of
performance for marine pollution control devices for each type of
discharge incidental to the normal operation of a vessel'' by December
4, 2020. 33 U.S.C. 1322(p)(4)(A)(i). EPA published a proposed
rulemaking on October 26, 2020, 85 FR. 67818, but did not take final
action in time to meet the statutory deadline.
On September 13, 2022, Plaintiffs sent EPA a notice of intent (NOI)
to sue alleging that EPA had failed to satisfy its mandatory duty under
VIDA to promulgate Federal standards of performance. The Plaintiffs
filed a complaint on February 6, 2023, seeking a declaratory judgment
that EPA violated the statutory deadline and ordering the Agency to
promulgate expeditiously.
The parties initiated settlement discussions, which produced the
proposed consent decree. Under the consent decree, EPA would be
obligated to sign a decision taking final action by September 23, 2024.
The consent decree's schedule is based on EPA's projected timeline for
completing the rulemaking. This deadline may be extended by written
agreement of the parties or by the court pursuant to Federal Rule
60(b).
For a period of thirty (30) days following the date of publication
of this notice, EPA will accept written comments relating to the
proposed consent decree from persons who are not parties to the
litigation. EPA or the Department of Justice may withdraw or withhold
consent to the proposed consent decree if the comments received
disclose facts or considerations that
[[Page 62081]]
indicate that such consent is inappropriate, improper, inadequate, or
inconsistent with the requirements of the CWA.
II. Additional Information About Commenting on the Proposed Consent
Decree
A. How can I get a copy of the proposed consent decree?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2023-0453) 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.''
B. How and to whom do I submit comments?
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-
0453 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 M. Neugeboren,
Associate General Counsel.
[FR Doc. 2023-19433 Filed 9-7-23; 8:45 am]
BILLING CODE 6560-50-P
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