[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12930-12931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04163]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0140; FRL-10756-01-OGC]
Proposed Consent Decree, Clean Water Act and Administrative
Procedure Act Claims
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 Cape
Fear River Watch et al., v. United States Environmental Protection
Agency, No. 1:22-cv-03809 (D. D.C). On December 23, 2022, Plaintiffs
Cape Fear River Watch, Rural Empowerment Association for Community
Help, Waterkeepers Chesapeake, Waterkeeper Alliance, Humane Society of
the United States, Food & Water Watch, Environment America, Comite
Civico del Valle, Center for Biological Diversity, and Animal Legal
Defense Fund (collectively, ``Plaintiffs'') filed a complaint against
the EPA alleging that the Agency had failed to perform duties mandated
by the Clean Water Act (``CWA'') to revise the effluent limitations
guidelines (``ELGs'') and promulgate pretreatment standards for the
Meat and Poultry Products (``MPP'') industrial category, after EPA had
determined that such revised ELGs and standards were appropriate. 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 March 31, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0140 online at https://www.regulations.gov (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 https://www.regulations.gov, 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: Pooja Parikh, Water Law Office, Office
of General Counsel, U.S. Environmental Protection Agency; telephone:
(202) 564-0839; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Consent Decree
In September 2021 (86 FR 51155, September 14, 2021), EPA published
its preliminary effluent guidelines plan 15 and solicited comment on
it, pursuant to CWA section 304(m). For the Meat and Poultry Products
industrial category, the preliminary plan indicated that revision of
the ELG and promulgation of pretreatment standards may be appropriate,
and that EPA was initiating a rulemaking for this category.
In December 2022, Plaintiffs filed a complaint alleging that EPA's
failure to
[[Page 12931]]
revise ELGs and to promulgate pretreatment standards for the MPP
category constituted failures to act by statutory deadlines in
violation of the CWA and Administrative Procedures Act (``APA'').
Although EPA was in the process of conducting the MPP rulemaking,
EPA had not publicly announced any specific timeline for completion.
The parties initiated settlement discussions, which ultimately produced
the proposed consent decree. Under the consent decree, EPA would have
obligations to sign a notice of proposed rulemaking by December 13,
2023, and to sign a decision taking final action by August 31, 2025.
The consent decree's schedule is based on EPA's projected timeline for
completing the rulemaking. These deadlines may be extended by the court
only upon written finding of good cause.
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 also may hold a public hearing on whether to enter into
the proposed consent decree. 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 or APA.
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-2023-0140) contains a copy of the Proposed Order. 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 Order and is available through https://www.regulations.gov. You may use https://www.regulations.gov 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-
0140 via https://www.regulations.gov. 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 https://www.regulations.gov 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 https://www.epa.gov/dockets/commenting-epa-dockets. 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 https://www.regulations.gov 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.
Steven M. Neugeboren,
Associate General Counsel.
[FR Doc. 2023-04163 Filed 2-28-23; 8:45 am]
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