Notice2026-03905
Proposed Settlement Agreement
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
February 26, 2026
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Environmental Protection Agency (EPA) Administrator's March 18, 2022, Memorandum entitled Consent Decrees and Settlement Agreements to Resolve Environmental Claims Against the Agency, notice is hereby given of a proposed settlement agreement that resolves In Re Center for Biological Diversity, et al., a case in the United States Court of Appeals for the District of Columbia Circuit (No. 25-1087) that alleges EPA failed to "take action" on petitioner's rulemaking petition within a "reasonable time", despite obligations to do so pursuant to the Resource Conservation and Recovery Act (RCRA) and Administrative Procedure Act (APA). Petitioner's 2021 rulemaking petition sought the "promulgation of rules that reverse the Environmental Protection Agency's (EPA) 1991 Bevill regulatory determination excluding phosphogypsum and phosphoric acid production process wastewater ("process wastewater") from the Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste regulations,", and "govern the safe treatment, storage and disposal of phosphogypsum and process wastewater as hazardous wastes under RCRA Subtitle C."
Full Text
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<title>Federal Register, Volume 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Notices]
[Pages 9614-9615]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03905]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2025-3259; FRL-13104-01-OGC]
Proposed Settlement Agreement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; request for public
comment.
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SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's March 18, 2022, Memorandum entitled Consent Decrees and
Settlement Agreements to Resolve Environmental Claims Against the
Agency, notice is hereby given of a proposed settlement agreement that
resolves In Re Center for Biological Diversity, et al., a case in the
United States Court of Appeals for the District of Columbia Circuit
(No. 25-1087) that alleges EPA failed to ``take action'' on
petitioner's rulemaking petition within a ``reasonable time'', despite
obligations to do so pursuant to the Resource Conservation and Recovery
Act (RCRA) and Administrative Procedure Act (APA). Petitioner's 2021
rulemaking petition sought the ``promulgation of rules that reverse the
Environmental Protection Agency's (EPA) 1991 Bevill regulatory
determination excluding phosphogypsum and phosphoric acid production
process wastewater (``process wastewater'') from the Resource
Conservation and Recovery Act (RCRA) Subtitle C hazardous waste
regulations,'', and ``govern the safe treatment, storage and disposal
of phosphogypsum and process wastewater as hazardous wastes under RCRA
Subtitle C.''
DATES: Written comments on the proposed settlement agreement must be
received by March 30, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2025-3259 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 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 Settlement Agreement''
heading under the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Erin Wever, Solid Waste and Emergency
Response Law Office, Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number: (202)564-4464; email address: <a href="/cdn-cgi/l/email-protection#3d4a584b584f13584f54537d584d5c135a524b"><span class="__cf_email__" data-cfemail="6611031003144803140f082603160748010910">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Consent Decree
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2025-3259) contains a copy of the proposed 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 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 to 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''.
II. Additional Information About the Proposed Settlement Agreement
On February 8, 2021, Petitioners submitted a rulemaking petition
``seeking the promulgation of rules that: (1) reverse the Environmental
Protection Agency's (EPA) 1991 Bevill regulatory determination
excluding phosphogypsum and phosphoric acid production process
wastewater (``process wastewater'') from the Resource Conservation and
Recovery Act (RCRA) Subtitle C hazardous waste
[[Page 9615]]
regulations,'' and ``(2) govern the safe treatment, storage and
disposal of phosphogypsum and process wastewater as hazardous wastes
under RCRA Subtitle C.'' In their mandamus suit, Petitioners allege EPA
has failed to take action on the 2021 rulemaking petition within a
reasonable time, as required by the RCRA and APA.
The proposed settlement agreement states that no later than
February 1, 2027, EPA shall issue a final decision on the petition.
Further, the proposed settlement agreement states that within 15 days
of the execution of the proposed settlement agreement, the parties will
file a joint motion to continue holding the litigation in abeyance
pending EPA's issuance of a final decision on the rulemaking petition.
Finally, the proposed settlement agreement provides that within five
days of receipt of EPA's decision, the Petitioners in the case shall
file a stipulation of voluntary dismissal with prejudice.
For a period of thirty (30) days following the date of publication
of this document, the Agency will accept written comments relating to
the proposed settlement agreement from persons who are not named as
parties to the litigation in question. EPA or the Department of Justice
may withdraw or withhold consent to the proposed settlement agreement
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the APA or RCRA. Unless EPA or the Department
of Justice determines that consent should be withdrawn, the terms of
the proposed settlement agreement will be affirmed.
III. Additional Information About Commenting on the Proposed Settlement
Agreement
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2025-
3259 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 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. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
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 is not required to consider these late
comments.
Sean M. Donahue,
General Counsel.
[FR Doc. 2026-03905 Filed 2-25-26; 8:45 am]
BILLING CODE 6560-50-P
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