Proposed Settlement Agreement
Primary source
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Issuing agencies
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."
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