83_FR_42449 83 FR 42287 - Proposed Second Interim Settlement Agreement, Clean Water Act Claims

83 FR 42287 - Proposed Second Interim Settlement Agreement, Clean Water Act Claims

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 162 (August 21, 2018)

Page Range42287-42288
FR Document2018-17923

In accordance with the EPA Administrator's October 16, 2017, Directive Promoting Transparency and Public Participation in Consent Decrees and Settlement Agreements, notice is hereby given of a proposed Second Interim Settlement Agreement in a lawsuit filed by the West Goshen Sewer Authority (``WGSA'' or ``Plaintiff'') in the United States District Court for the Eastern District of Pennsylvania: West Goshen Sewer Authority v. EPA, et al. On September 19, 2012, Plaintiff filed a complaint alleging, inter alia, that the United States Environmental Protection Agency (``EPA'') exceeded its statutory authority and acted arbitrarily and capriciously when it established a ``total maximum daily load'' for Goose Creek in southeastern Pennsylvania. The proposed Second Interim Settlement Agreement would memorialize commitments by WGSA, among other things, to install a ``CoMag'' ballasted flocculation system at its wastewater treatment plant and achieve certain specified discharge limits for phosphorus. After a period of time, EPA would reassess the water quality of Goose Creek and decide whether to withdraw, revise or retain the Goose Creek TMDL.

Federal Register, Volume 83 Issue 162 (Tuesday, August 21, 2018) 
[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42287-42288]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17923]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2018-0591; FRL-9982-56-OGC]


Proposed Second Interim Settlement Agreement, Clean Water Act 
Claims

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with the EPA Administrator's October 16, 2017, 
Directive Promoting Transparency and Public Participation in Consent 
Decrees and Settlement Agreements, notice is hereby given of a proposed 
Second Interim Settlement Agreement in a lawsuit filed by the West 
Goshen Sewer Authority (``WGSA'' or ``Plaintiff'') in the United States 
District Court for the Eastern District of Pennsylvania: West Goshen 
Sewer Authority v. EPA, et al. On September 19, 2012, Plaintiff filed a 
complaint alleging, inter alia, that the United States Environmental 
Protection Agency (``EPA'') exceeded its statutory authority and acted 
arbitrarily and capriciously when it established a ``total maximum 
daily load'' for Goose Creek in southeastern Pennsylvania. The proposed 
Second Interim Settlement Agreement would memorialize commitments by 
WGSA, among other things, to install a ``CoMag'' ballasted flocculation 
system at its wastewater treatment plant and achieve certain specified 
discharge limits for phosphorus. After a period of time, EPA would 
reassess the water quality of Goose Creek and decide whether to 
withdraw, revise or retain the Goose Creek TMDL.

DATES: Written comments on the proposed Second Interim Settlement 
Agreement must be received by September 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2018-0591, online at www.regulations.gov (EPA's preferred method). 
For comments submitted at www.regulations.gov, follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically 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. The EPA 
generally will 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, please contact 
the person identified in the For Further Information Contact section. 
For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jim Curtin, Water Law Office (7451), 
Office of General Counsel, U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564-5482; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Second Interim Settlement 
Agreement

    On June 30, 2008, EPA established a nutrient total maximum daily 
load (``TMDL'') for the Goose Creek Watershed in Chester and Delaware 
Counties, Pennsylvania. EPA established that TMDL pursuant to the April 
9, 1997 Consent Decree entered in American Littoral Society, et al., v. 
EPA, No. 96-489 (E.D. Pa.). Among other things, the TMDL assigned 
wasteload allocations (``WLAs'') for phosphorus to Goose Creek's point 
source dischargers, WGSA's wastewater treatment plant being the 
largest.
    WGSA filed a complaint against EPA on September 19, 2012, alleging 
that in establishing the Goose Creek TMDL EPA failed to comply with 
requirements of the Clean Water Act (CWA) and Administrative Procedure 
Act (APA). In July 2013, the Court granted intervener status to the 
Delaware Riverkeeper Network (``DRN'').
    The Court placed the case in ``civil suspense'' following the 
parties' execution in January 2014 of a first ``Interim Settlement 
Agreement'' (``the 2014 Agreement'') under which EPA reassessed the 
water quality of Goose Creek and WGSA made voluntary improvements in 
its operations to achieve phosphorus reductions. The parties have now 
reached agreement on the terms of a ``Second Interim Settlement 
Agreement'' in which (1) WGSA commits, among other things, to install a 
``CoMag'' ballasted flocculation system at its wastewater treatment 
plant and achieve certain specified discharge limits for phosphorus and 
(2) EPA commits to reassess the water quality of Goose Creek and decide 
whether to withdraw, revise or retain the Goose Creek TMDL.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed Second Interim Settlement Agreement from persons who are not 
named as parties or intervenors to the litigation in question. If so 
requested, EPA will also consider holding a public hearing on whether 
to enter into the proposed Second Interim Settlement Agreement. EPA or 
the Department of Justice may withdraw or withhold consent to the 
proposed Second Interim Settlement Agreement if the comments disclose 
facts or considerations that indicate that such consent is 
inappropriate, improper, inadequate, or inconsistent with the 
requirements of the Act. Unless EPA or the Department of Justice 
determines that consent to this proposed Second Interim Settlement 
Agreement should be withdrawn, the parties intend to sign the Agreement 
and inform the Court.

II. Additional Information About Commenting on the Proposed Second 
Interim Settlement Agreement

A. How can I get a copy of the proposed Second Interim Settlement 
Agreement?

    The official public docket for this action (identified by EPA-HQ-
OGC-2018-0591) contains a copy of the proposed Second Interim 
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

[[Page 42288]]

for the Public Reading Room is (202) 566-1744, and the telephone number 
for the OEI Docket is (202) 566-1752.
    An electronic version of the public docket is available on EPA's 
website at www.epa.gov/dockets and also through www.regulations.gov. 
You may use 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.'' It is important to note 
that EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
online at www.regulations.gov without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. Information claimed as CBI and 
other information whose disclosure is restricted by statute is not 
included in the official public docket or in the electronic public 
docket.
    EPA's policy is that copyrighted material, including copyrighted 
material contained in a public comment, will not be placed in EPA's 
electronic public docket but will be available only in printed, paper 
form in the official public docket. Although not all docket materials 
may be available electronically, you may still access any of the 
publicly available docket materials through the EPA Docket Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period.
    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 and with any disk or CD 
ROM you submit. 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 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. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

    Dated: August 10, 2018.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2018-17923 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices 42287 80202–1129, and should reference the ADDRESSES: Submit your comments, status to the Delaware Riverkeeper Eagle Mine Superfund Site. identified by Docket ID number EPA– Network (‘‘DRN’’). FOR FURTHER INFORMATION CONTACT: HQ–OGC–2018–0591, online at The Court placed the case in ‘‘civil Kayleen Castelli, Enforcement Attorney, www.regulations.gov (EPA’s preferred suspense’’ following the parties’ Legal Enforcement Program, method). For comments submitted at execution in January 2014 of a first Environmental Protection Agency— www.regulations.gov, follow the online ‘‘Interim Settlement Agreement’’ (‘‘the Region 8, Mail Code 8ENF–L, 1595 instructions for submitting comments. 2014 Agreement’’) under which EPA Wynkoop Street, Denver, Colorado Once submitted, comments cannot be reassessed the water quality of Goose 80202, (303) 312–6174. edited or removed from Creek and WGSA made voluntary www.regulations.gov. The EPA may improvements in its operations to Dated: August 1, 2018. publish any comment received to its achieve phosphorus reductions. The Suzanne Bohan, parties have now reached agreement on public docket. Do not submit Assistant Regional Administrator, Office of electronically any information you the terms of a ‘‘Second Interim Enforcement, Compliance and Environmental Settlement Agreement’’ in which (1) consider to be Confidential Business Justice, U.S. Environmental Protection Information (CBI) or other information WGSA commits, among other things, to Agency, Region VIII. whose disclosure is restricted by statute. install a ‘‘CoMag’’ ballasted flocculation [FR Doc. 2018–18033 Filed 8–20–18; 8:45 am] Multimedia submissions (audio, video, system at its wastewater treatment plant BILLING CODE 6560–50–P etc.) must be accompanied by a written and achieve certain specified discharge comment. The written comment is limits for phosphorus and (2) EPA considered the official comment and commits to reassess the water quality of ENVIRONMENTAL PROTECTION should include discussion of all points Goose Creek and decide whether to AGENCY you wish to make. The EPA generally withdraw, revise or retain the Goose [EPA–HQ–OGC–2018–0591; FRL–9982–56– will not consider comments or comment Creek TMDL. OGC] contents located outside of the primary For a period of thirty (30) days submission (i.e. on the web, cloud, or following the date of publication of this Proposed Second Interim Settlement other file sharing system). For notice, the Agency will accept written Agreement, Clean Water Act Claims additional submission methods, please comments relating to the proposed AGENCY: Environmental Protection contact the person identified in the FOR Second Interim Settlement Agreement Agency (EPA). FURTHER INFORMATION CONTACT section. from persons who are not named as For the full EPA public comment policy, parties or intervenors to the litigation in ACTION: Notice; request for public information about CBI or multimedia question. If so requested, EPA will also comment. submissions, and general guidance on consider holding a public hearing on SUMMARY: In accordance with the EPA making effective comments, please visit whether to enter into the proposed Administrator’s October 16, 2017, http://www2.epa.gov/dockets/ Second Interim Settlement Agreement. Directive Promoting Transparency and commenting-epa-dockets. EPA or the Department of Justice may Public Participation in Consent Decrees FOR FURTHER INFORMATION CONTACT: Jim withdraw or withhold consent to the and Settlement Agreements, notice is Curtin, Water Law Office (7451), Office proposed Second Interim Settlement hereby given of a proposed Second of General Counsel, U.S. Environmental Agreement if the comments disclose Interim Settlement Agreement in a Protection Agency, 1200 Pennsylvania facts or considerations that indicate that lawsuit filed by the West Goshen Sewer Ave. NW, Washington, DC 20460; such consent is inappropriate, Authority (‘‘WGSA’’ or ‘‘Plaintiff’’) in telephone: (202) 564–5482; email improper, inadequate, or inconsistent the United States District Court for the address: Curtin.James@epa.gov. with the requirements of the Act. Unless Eastern District of Pennsylvania: West EPA or the Department of Justice SUPPLEMENTARY INFORMATION: Goshen Sewer Authority v. EPA, et al. determines that consent to this On September 19, 2012, Plaintiff filed a I. Additional Information About the proposed Second Interim Settlement complaint alleging, inter alia, that the Proposed Second Interim Settlement Agreement should be withdrawn, the United States Environmental Protection Agreement parties intend to sign the Agreement Agency (‘‘EPA’’) exceeded its statutory On June 30, 2008, EPA established a and inform the Court. authority and acted arbitrarily and nutrient total maximum daily load II. Additional Information About capriciously when it established a ‘‘total (‘‘TMDL’’) for the Goose Creek Commenting on the Proposed Second maximum daily load’’ for Goose Creek Watershed in Chester and Delaware Interim Settlement Agreement in southeastern Pennsylvania. The Counties, Pennsylvania. EPA proposed Second Interim Settlement established that TMDL pursuant to the A. How can I get a copy of the proposed Agreement would memorialize April 9, 1997 Consent Decree entered in Second Interim Settlement Agreement? commitments by WGSA, among other American Littoral Society, et al., v. EPA, The official public docket for this things, to install a ‘‘CoMag’’ ballasted No. 96–489 (E.D. Pa.). Among other action (identified by EPA–HQ–OGC– flocculation system at its wastewater things, the TMDL assigned wasteload 2018–0591) contains a copy of the treatment plant and achieve certain allocations (‘‘WLAs’’) for phosphorus to proposed Second Interim Settlement specified discharge limits for Goose Creek’s point source dischargers, Agreement. The official public docket is phosphorus. After a period of time, EPA WGSA’s wastewater treatment plant available for public viewing at the would reassess the water quality of being the largest. Office of Environmental Information sradovich on DSK3GMQ082PROD with NOTICES Goose Creek and decide whether to WGSA filed a complaint against EPA (OEI) Docket in the EPA Docket Center, withdraw, revise or retain the Goose on September 19, 2012, alleging that in EPA West, Room 3334, 1301 Creek TMDL. establishing the Goose Creek TMDL EPA Constitution Ave. NW, Washington, DC. DATES: Written comments on the failed to comply with requirements of The EPA Docket Center Public Reading proposed Second Interim Settlement the Clean Water Act (CWA) and Room is open from 8:30 a.m. to 4:30 Agreement must be received by Administrative Procedure Act (APA). In p.m., Monday through Friday, excluding September 20, 2018. July 2013, the Court granted intervener legal holidays. The telephone number VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

42288 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices for the Public Reading Room is (202) EPA may not be able to consider your DATES: Additional comments may be 566–1744, and the telephone number for comment. submitted on or before September 20, the OEI Docket is (202) 566–1752. Use of the www.regulations.gov 2018. An electronic version of the public website to submit comments to EPA ADDRESSES: Submit your comments, docket is available on EPA’s website at electronically is EPA’s preferred method referencing Docket ID Number EPA– www.epa.gov/dockets and also through for receiving comments. The electronic HQ–OEI–2006–0037, to (1) EPA online www.regulations.gov. You may use public docket system is an ‘‘anonymous using www.regulations.gov (our www.regulations.gov to submit or view access’’ system, which means EPA will preferred method), by email to oira_ public comments, access the index not know your identity, email address, submission@omb.eop.gov, or by mail to: listing of the contents of the official or other contact information unless you EPA Docket Center, Environmental public docket, and access those provide it in the body of your comment. Protection Agency, Mail Code 28221T, documents in the public docket that are In contrast to EPA’s electronic public 1200 Pennsylvania Ave. NW, available electronically. Once in the docket, EPA’s electronic mail (email) Washington, DC 20460, and (2) OMB via system, key in the appropriate docket system is not an ‘‘anonymous access’’ email to oira_submission@omb.eop.gov. identification number then select system. If you send an email comment Address comments to OMB Desk Officer ‘‘search.’’ It is important to note that directly to the Docket without going for EPA. EPA’s policy is that public comments, through www.regulations.gov, your EPA’s policy is that all comments whether submitted electronically or in email address is automatically captured received will be included in the public paper, will be made available for public and included as part of the comment docket without change including any viewing online at www.regulations.gov that is placed in the official public personal information provided, unless without change, unless the comment docket, and made available in EPA’s the comment includes profanity, threats, contains copyrighted material, CBI, or electronic public docket. information claimed to be Confidential other information whose disclosure is Business Information (CBI) or other restricted by statute. Information Dated: August 10, 2018. Steven Neugeboren, information whose disclosure is claimed as CBI and other information restricted by statute. whose disclosure is restricted by statute Associate General Counsel. FOR FURTHER INFORMATION CONTACT: is not included in the official public [FR Doc. 2018–17923 Filed 8–20–18; 8:45 am] Edward Mixon, Information Exchange docket or in the electronic public BILLING CODE 6560–50–P Services Division, Office of Information docket. EPA’s policy is that copyrighted Management (2823T), Environmental material, including copyrighted material ENVIRONMENTAL PROTECTION Protection Agency, 1200 Pennsylvania contained in a public comment, will not AGENCY Ave. NW, Washington, DC 20460; be placed in EPA’s electronic public telephone number: 202–566–2142; fax docket but will be available only in number: 202–566–1684; email address: [EPA–HQ–OEI–2006–0037; FRL–9982–33– mixon.edward@epa.gov. printed, paper form in the official public OEI] docket. Although not all docket SUPPLEMENTARY INFORMATION: materials may be available Information Collection Request Supporting documents, which explain electronically, you may still access any Submitted to OMB for Review and in detail the information that the EPA of the publicly available docket Approval; Comment Request; will be collecting, are available in the materials through the EPA Docket Exchange Network Grants Progress public docket for this ICR. The docket Center. Reports (Renewal) can be viewed online at www.regulations.gov or in person at the B. How and to whom do I submit AGENCY: Environmental Protection EPA Docket Center, WJC West, Room comments? Agency (EPA). 3334, 1301 Constitution Ave. NW, You may submit comments as ACTION: Notice. Washington, DC. The telephone number provided in the ADDRESSES section. for the Docket Center is 202–566–1744. Please ensure that your comments are SUMMARY: The Environmental Protection For additional information about EPA’s submitted within the specified comment Agency has submitted an information public docket, visit http://www.epa.gov/ period. collection request (ICR), Exchange dockets. If you submit an electronic comment, Network Grants Progress Reports (EPA Abstract: Under the U.S. EPA EPA recommends that you include your ICR No. 2207.07, OMB Control No. National Environmental Information name, mailing address, and an email 2025–0006) to the Office of Management Exchange Network (NEIEN) Grant address or other contact information in and Budget (OMB) for review and Program, EPA collects information from the body of your comment and with any approval in accordance with the the NEIEN grantees on assistance disk or CD ROM you submit. This Paperwork Reduction Act. This is a agreements that EPA has awarded. ensures that you can be identified as the proposed extension of the ICR, which is Specifically, for each project, EPA submitter of the comment and allows currently approved through August 31, proposes to have grantees submit semi- EPA to contact you in case EPA cannot 2018. Public comments were previously annual reports on the progress and read your comment due to technical requested via the Federal Register on current status of each goal and output, difficulties or needs further information March 5, 2018 during a 60-day comment completion dates for outputs, and any on the substance of your comment. Any period. This notice allows for an problems encountered. This information identifying or contact information additional 30 days for public comments. will help EPA ensure projects are on sradovich on DSK3GMQ082PROD with NOTICES provided in the body of a comment will A fuller description of the ICR is given schedule to meet their goals and be included as part of the comment that below, including its estimated burden produce high quality environmental is placed in the official public docket, and cost to the public. An Agency may results. New award recipients will and made available in EPA’s electronic not conduct or sponsor and a person is complete one Quality Assurance public docket. If EPA cannot read your not required to respond to a collection Reporting Form for each award. This comment due to technical difficulties of information unless it displays a form provides a simple means for grant and cannot contact you for clarification, currently valid OMB control number. recipients to describe how quality will VerDate Sep<11>2014 17:31 Aug 20, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1


Document Created: 2018-08-21 00:07:23
Document Modified: 2018-08-21 00:07:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for public comment.
DatesWritten comments on the proposed Second Interim Settlement Agreement must be received by September 20, 2018.
ContactJim Curtin, Water Law Office (7451), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone: (202) 564-5482;
FR Citation83 FR 42287 
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