[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]
BILLING CODE 6560-50-P


