Notice2024-27604
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
November 26, 2024
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the 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 Ecological Rights Foundation v. EPA, et.al., Docket No. 3:24-cv-03665 (N.D. Cal.). Environmental Advocates, on behalf of the Ecological Rights Foundation, filed a complaint on June 18, 2024 and an amended complaint on September 18, 2024, in the United States District Court for the Northern District of California alleging the EPA failed to perform a non-discretionary duty under Clean Water Act (CWA) to either approve or disapprove revised water quality standards in California's amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ("Bay-Delta Plan amendments") within the statutory timeframes. The 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 89 Issue 228 (Tuesday, November 26, 2024)</title>
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[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Notices]
[Pages 93287-93289]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27604]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2024-0531; FRL-12402-01-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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[[Page 93288]]
SUMMARY: In accordance with the 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 Ecological Rights Foundation v.
EPA, et.al., Docket No. 3:24-cv-03665 (N.D. Cal.). Environmental
Advocates, on behalf of the Ecological Rights Foundation, filed a
complaint on June 18, 2024 and an amended complaint on September 18,
2024, in the United States District Court for the Northern District of
California alleging the EPA failed to perform a non-discretionary duty
under Clean Water Act (CWA) to either approve or disapprove revised
water quality standards in California's amendments to the Water Quality
Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary (``Bay-Delta Plan amendments'') within the statutory
timeframes. The 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 December 26, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0531 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: Eleanor Garretson, Water Law Office,
Office of General Counsel, U.S. Environmental Protection Agency;
telephone: (202) 495-8997; email address: <a href="/cdn-cgi/l/email-protection#edaa8c9f9f88999e8283c3a881888c83829fad889d8cc38a829b"><span class="__cf_email__" data-cfemail="7730160505120304181959321b12161918053712071659101801">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
On August 26, 2019, California submitted the Bay-Delta Plan
amendments to the EPA for review and approval of those portions of the
submission that constitute new or revised water quality standards. On
September 1, 2023, the EPA initiated consultation with the U.S. Fish
and Wildlife Service and National Marine Fisheries Service and is
presently engaged in consultation on the EPA's potential action on new
and revised water quality standards that EPA identifies in the Bay-
Delta Plan amendments.
On April 16, 2024, Plaintiffs sent the EPA a notice of intent to
sue (NOI) alleging that the EPA had failed to satisfy its mandatory
duty under CWA section 303(c)(3) to either approve or disapprove
revised water quality standards in California's amendments to the Bay-
Delta Plan within the statutory timeframes. The Plaintiffs filed a
complaint on June 18, 2024 and an amended complaint on September 18,
2024, seeking a declaratory judgment that the EPA violated the
statutory deadlines and an order from the court requiring the Agency to
take action to either approve or disapprove the new or revised water
quality standards proposed as part of the Bay-Delta Plan amendments by
a date certain.
The parties initiated settlement discussions, which produced the
proposed consent decree. Under the consent decree, if the EPA approves
all of the new or revised water quality standards that the EPA
identifies in the Bay-Delta Plan amendments, the EPA's action must be
completed no later than 182 days from the date ESA consultation
concludes. If the EPA disapproves in whole or any part of the new or
revised water quality standards the EPA identifies in the Bay-Delta
Plan amendments, the EPA's action shall be completed no later than 365
days from the date ESA consultation concludes.
For a period of thirty (30) days following the date of publication
of this notice, the EPA will accept written comments relating to the
proposed consent decree from persons who are not parties to the
litigation. The EPA or the U.S. 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-2024-0531) 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-
0531 via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from this docket. The 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. The 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, the 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
[[Page 93289]]
comment and allows the EPA to contact you in case the 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 the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the 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 the EPA electronically is EPA's preferred method for receiving
comments. The electronic public docket system is an ``anonymous
access'' system, which means the 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.'' The EPA does not plan to consider these late
comments.
Dawn Messier,
Acting Associate General Counsel.
[FR Doc. 2024-27604 Filed 11-25-24; 8:45 am]
BILLING CODE 6560-50-P
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