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Notice2023-023512023-02-03

Proposed Consent Decree, Resource Conservation and Recovery Act Citizen Suit

Environmental Protection Agency

Abstract

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, 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.

Action & Dates

Action
Notice of proposed consent decree; request for public comment.
Dates
Written comments on the proposed consent decree must be received by March 6, 2023.

Public Comment

Comments Close
2023-03-06

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Environmental Protection Agency [EPA-HQ-OGC-2023-0055; FRL-10631-01-OGC] AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. 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, ( printed page 7444) 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

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Full Document

Citation: 88 FR 7443