Notice2024-09435
Proposed Consent Decree, Clean Water Act Claim; Reopening of the Comment Period
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
May 1, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) provided notice of a proposed consent decree in Sierra Club, et al. v. EPA, et al., No. 3:24-cv-00130 (S.D.W. Va. 2024) on March 29, 2024. The EPA is reopening the public comment period for this proposed consent decree.
Full Text
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<title>Federal Register, Volume 89 Issue 85 (Wednesday, May 1, 2024)</title>
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[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35090-35091]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09435]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2024-0145; FRL-11854-02-OGC]
Proposed Consent Decree, Clean Water Act Claim; Reopening of the
Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; reopening of public comment
period.
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SUMMARY: The Environmental Protection Agency (EPA) provided notice of a
proposed consent decree in Sierra Club, et al. v. EPA, et al., No.
3:24-cv-00130 (S.D.W. Va. 2024) on March 29, 2024. The EPA is reopening
the public comment period for this proposed consent decree.
DATES: The comment period for the proposed consent decree published on
March 29, 2024, at 89 FR 22140, is re-opened. Written comments on the
proposed consent decree must be received by May 31, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0145 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: 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#533c3736327d363f3a2036133623327d343c25"><span class="__cf_email__" data-cfemail="e48b808185ca81888d9781a4819485ca838b92">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
On March 18, 2024, Sierra Club, the West Virginia Highlands
Conservancy, Inc., and the West Virginia Rivers Coalition, Inc.
(collectively, ``Plaintiffs'') filed a complaint in Federal district
court asserting that EPA failed to perform a mandatory duty under the
Clean Water Act (CWA) to establish total maximum daily loads (TMDLs)
for certain waters located in the Lower Guyandotte River Watershed in
West Virginia that are biologically impaired due to ionic toxicity
(Ionic Toxicity TMDLs). This complaint followed Plaintiffs' submission
to EPA of a Notice of Intent to Sue (NOI) on March 21, 2023. Following
submission of the NOI, Plaintiffs and EPA initiated settlement
discussions, which resulted in the proposed consent decree. Under the
consent decree, EPA would be obligated to establish Ionic Toxicity
TMDLs for 11 waterbody segments in the Lower Guyandotte River Watershed
by January 15, 2025. In exchange, Plaintiffs would permanently release
any and all claims against EPA that the Agency must establish ionic
toxicity TMDLs for any other waterbody segments within the Lower
Guyandotte River Watershed except for six identified waterbody segments
and any waterbody segments that are listed as biologically impaired for
the first time after June 1, 2023. For those six waterbody segments and
any waterbody segments listed as biologically impaired for the first
time after June 1, 2023, Plaintiffs would refrain from bringing any
such claims against EPA until January 15, 2039. Further, Plaintiffs
would not bring such claims against EPA for any West Virginia waterbody
segment outside the Lower Guyandotte River Watershed until after
January 15, 2025.
In accordance with the EPA Administrator's March 18, 2022,
memorandum regarding ``Consent Decrees and Settlement Agreements to
resolve Environmental Claims Against the Agency,'' the EPA provided
notice of the proposed consent decree in Sierra Club, et al. v. EPA, et
al., No. 3:24-cv-00130 (S.D.W. Va. 2024) on March 29, 2024. 89 FR
22140-41. The EPA is reopening the public comment period. Written
comments on the proposed consent decree must now be received by May 31,
2024. EPA seeks public input prior to its final decision-making with
regard to potential settlement of the litigation. 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.
[[Page 35091]]
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-2024-0145) 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-2024-
0145 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. 2024-09435 Filed 4-30-24; 8:45 am]
BILLING CODE 6560-50-P
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