[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7443-7445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02351]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0055; FRL-10631-01-OGC]


Proposed Consent Decree, Resource Conservation and Recovery Act 
Citizen Suit

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 entitled Consent Decrees and 
Settlement Agreements to Resolve Environmental Claims Against the 
Agency, this will provide notice and opportunity for public comment on 
a proposed Consent Decree in the matter of Statewide Organizing for 
Community eMpowerment v. U.S. Environmental Protection Agency, No. 
1:22-cv-2562-JDB (D.D.C.).
    On August 25, 2022, a coalition of environmental organizations 
filed a complaint in the United States District Court for the District 
of Columbia. In the complaint, Plaintiffs allege that EPA has violated 
section 2002(b) of the Resource Conservation and Recovery Act (RCRA), 
by failing to perform its non-discretionary duty under to review and,

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if necessary, revise a regulation that exempts inactive coal combustion 
residuals (CCR) landfills from the CCR disposal regulations. The 
proposed consent decree would establish deadlines for EPA to sign 
proposed and final actions.

DATES: Written comments on the proposed consent decree must be received 
by March 6, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0055, 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 and additional 
information on the rulemaking process, see the ``Additional Information 
about Commenting on the Proposed Consent Decree'' heading under the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Laurel Celeste, Solid Waste and 
Emergency Response Law Office, Office of General Counsel, U.S. 
Environmental Protection Agency; telephone (202) 564-1751; email 
address [email protected].

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-2023-0055) 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 
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.''

II. Additional Information About the Proposed Consent Decree

    On August 25, 2022, a coalition of environmental organizations 
(collectively ``Plaintiffs'') filed a complaint in the United States 
District Court for the District of Columbia alleging that EPA had 
failed to perform its non-discretionary duty under RCRA section 2002(b) 
of RCRA, 42 U.S.C. to review and, if necessary, revise a regulation 
that exempts inactive CCR landfills from the CCR disposal regulations 
at 40 CFR part 257. 40 CFR 257.50(d). ``Inactive'' CCR landfills are 
those that stopped receiving waste before October 17, 2016.
    RCRA provides that ``Each regulation promulgated under this chapter 
shall be reviewed and, where necessary, revised not less frequently 
than every three years.'' 42 U.S.C. 6912(b). Citizens may file a claim 
against EPA for failure to comply with a mandatory duty. Any person may 
commence a civil action against the Administrator ``where there is 
alleged a failure of the Administrator to perform any act or duty under 
this chapter which is not discretionary with the Administrator.'' 42 
U.S.C. 6972(a)(2).
    The proposed consent decree, if finalized, would establish 
deadlines for EPA to take certain actions under RCRA. Specifically, the 
proposed consent decree would require that EPA: (1) on or before May 5, 
2023, either complete a review of 40 CFR 257.50(d), and determine that 
no revision is necessary or sign a proposed rule to revise 40 CFR 
257.50(d); and (2) if a proposal has been issued, take final action 
regarding EPA's proposed revision of 40 CFR 257.50(d), no later than 
May 6, 2024.
    In accordance with the EPA Administrator's March 18, 2022, 
Memorandum entitled Consent Decrees and Settlement Agreements to 
Resolve Environmental Claims Against the Agency, 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 consent 
decree. EPA or the Department of Justice may withdraw or withhold 
consent to the proposed consent decree if the comments disclose facts 
or considerations that indicate that such consent is inappropriate, 
improper, inadequate, or inconsistent with the requirements of the Act.

III. Additional Information About Commenting on the Proposed Consent 
Decree

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-
0055, 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. 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 https://www.regulations.gov website to submit comments 
to EPA electronically is EPA's preferred method for receiving comments. 
The electronic public docket

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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.

Jennifer Lewis,
Acting Associate General Counsel.
[FR Doc. 2023-02351 Filed 2-2-23; 8:45 am]
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