[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18408-18409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05287]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2024-0112; FRL-11804-01-OGC]
Proposed Settlement Agreement, Petition for Writ of Mandamus
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; request for public
comment.
-----------------------------------------------------------------------
SUMMARY: Notice is given of a proposed settlement agreement to address
a petition for writ of mandamus filed by the Ecology Center, the Center
for Environmental Health, United Parents Against Lead & Other
Environmental Hazards, and the Sierra Club (collectively,
``Petitioners'') in the United States Court of Appeals for the Ninth
Circuit: Ecology Center, et al. v. U.S. EPA, No. 23-70158 (9th Cir.).
Petitioners filed a petition for writ of mandamus on August 22, 2023,
requesting that the Ninth Circuit direct the Environmental Protection
Agency (EPA) to ``conclude a rulemaking under [TSCA] regulating lead
wheel weights within six months.'' The mandamus petition alleges that
EPA's 14-year delay violated the APA's requirement that a Federal
agency ``conclude a matter presented to it . . . within a reasonable
time,'' and that the court has the authority to ``compel agency action
unlawfully withheld or unreasonably delayed.'' EPA is providing notice
of this proposed settlement agreement, which would resolve all claims
in the case by establishing deadlines for EPA to take final action.
DATES: Written comments on the proposed settlement agreement must be
received by April 12, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2024-0112, 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 Settlement Agreement'' heading under
the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Alyssa Gsell, Pesticides and Toxic
Substances Law Office, Office of General Counsel, U.S. Environmental
Protection Agency; telephone (202) 564-7413; email address
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Settlement Agreement
The official public docket for this action (Docket ID No. EPA-HQ-
OGC-2024-0112) 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 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 Settlement Agreement
In 2009, Petitioners petitioned EPA under the Toxic Substances
Control Act (``TSCA'') section 21, requesting that EPA regulate lead
wheel weights. EPA granted the 2009 Petition but did not issue either
an Advanced Notice of Proposed Rulemaking or a Proposed Rule.
On August 22, 2023, Petitioners filed a petition for writ of
mandamus requesting that the Ninth Circuit direct EPA to ``conclude a
rulemaking under [TSCA] regulating lead wheel weights within six
months.'' The mandamus petition alleged that EPA's 14-year delay
violated the APA's requirement that a
[[Page 18409]]
Federal agency ``conclude a matter presented to it . . . within a
reasonable time,'' 5 U.S.C. 555(b), and that the court had authority to
``compel agency action unlawfully withheld or unreasonably delayed.''
Id. sec. 706.
In accordance with the EPA's ``Consent Decrees and Settlement
Agreements to Resolve Environmental Claims Against the Agency'' (March
18, 2022), for a period of thirty (30) days following the date of
publication of this document, the Agency will accept written comments
relating to a proposed settlement agreement for these claims. 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, or inadequate.
III. Additional Information About Commenting on the Proposed Settlement
Agreement
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2024-
0112, 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 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.
Randolph L. Hill,
Associate General Counsel.
[FR Doc. 2024-05287 Filed 3-12-24; 8:45 am]
BILLING CODE 6560-50-P