Notice2023-23239
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
October 20, 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 Arizona Mining Reform Coalition et al. v. Guzman et al. (D. Ariz. 2023). On September 27, 2023, the Arizona Mining Reform Coalition, the Center for Biological Diversity, Earthworks, the Concerned Citizens and Retired Miners Coalition, and the Grand Canyon Chapter of the Sierra Club (collectively, "Plaintiffs") filed a complaint against EPA in the United States District Court for the District of Arizona alleging that the Agency failed to perform a mandatory duty under the Clean Water Act (CWA) to establish Total Maximum Daily Loads (TMDLs) for copper and lead impairments for Queen Creek, Arizona. This complaint followed submission of a Notice of Intent to Sue on August 9, 2022. EPA seeks public input on a proposed consent decree 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 202 (Friday, October 20, 2023)</title>
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[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72476-72477]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23239]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0510; FRL-11458-01-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
Arizona Mining Reform Coalition et al. v. Guzman et al. (D. Ariz.
2023). On September 27, 2023, the Arizona Mining Reform Coalition, the
Center for Biological Diversity, Earthworks, the Concerned Citizens and
Retired Miners Coalition, and the Grand Canyon Chapter of the Sierra
Club (collectively, ``Plaintiffs'') filed a complaint against EPA in
the United States District Court for the District of Arizona alleging
that the Agency failed to perform a mandatory duty under the Clean
Water Act (CWA) to establish Total Maximum Daily Loads (TMDLs) for
copper and lead impairments for Queen Creek, Arizona. This complaint
followed submission of a Notice of Intent to Sue on August 9, 2022. EPA
seeks public input on a proposed consent decree prior to its final
decision-making with regard to potential settlement of the litigation.
DATES: Written comments on the proposed consent decree must be received
by November 20, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0510 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
[[Page 72477]]
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: 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#fa978f96969f9fd49b969f99ba9f8a9bd49d958c"><span class="__cf_email__" data-cfemail="e08d958c8c8585ce818c8583a0859081ce878f96">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
On September 27, 2023, Plaintiffs filed a complaint in Federal
district court asserting that the Arizona Department of Environmental
Quality (ADEQ) constructively submitted to EPA no TMDLs for copper and
lead impairments in Queen Creek. Plaintiffs allege that for this reason
EPA has a mandatory duty under the CWA to approve or disapprove the
constructive submission and, upon disapproval, establish these TMDLs.
Plaintiffs further allege that EPA has failed to meet this duty.
Following submission of a Notice of Intent to Sue containing these
assertions on August 9, 2022, the parties initiated settlement
discussions, which produced the proposed consent decree. Under the
consent decree, EPA would be obligated to establish copper and lead
TMDLs for Queen Creek by July 31, 2028, unless ADEQ first establishes
and submits them to EPA by January 31, 2027. If ADEQ submits the TMDLs
to EPA, the proposed consent decree provides that Plaintiffs would not
object to EPA taking up to an additional 60 days beyond the 30-day
statutory deadline to act on the submittal. If EPA disapproves the
TMDLs submitted by ADEQ, Plaintiffs would not object to EPA taking up
to 12 additional months beyond the 30-day statutory deadline to
establish replacement TMDLs.
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 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-2023-0510) 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-
0510 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. 2023-23239 Filed 10-19-23; 8:45 am]
BILLING CODE 6560-50-P
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