National Resources Defense Council v. Fri

C.A. No. 849-73 (D.D.C. June 6, 1973)

Plaintiff and defendant Acting Administrator of EPA agree on revised timetable for EPA compliance with mandate of Federal Water Pollution Control Act Amendments of 1972. EPA adopts policy of thirty days' public notice of proposed agency actions. See Comment, Settlement Fixes Deadlines for EPA Compliance with Water Act, New Notice Requirements for Agency Actions, 3 ELR 10108 (July, 1973).

Counsel for Plaintiff
Ronald J. Wilson
810 18th Street, N.W.
Washington, D.C. 20006

Counsel for Defendant
Wallace H. Johnson Assistant Attorney General
Walter Kiechel, Jr. Deputy Assistant Attorney General
Department of Justice
Washington, D.C. 20530

[3 ELR 20587]

DECREE

WHEREAS, the Complaint was filed herein on May 2, 1973;

WHEREAS, the parties to the above-captioned case have agreed to the attached Stipulation which they consider a fair and adequate resolution of the issues involved;

WHEREAS, this Court finds and determines that the attached Stipulation represents a just, fair and equitable resolution of the issues raised by the parties in the above-captioned case;

AND WHEREAS, the attached Stipulation is made a part of this Decree by reference;

NOW, WHEREFORE, it is Ordered, Adjudged and Decreed that:

1. The attached Stipulation is approved;

2. Compliance with its terms and provisions is directed; and

3. Jurisdiction is retained to effectuate compliance with its terms and conditions.

STIPULATION

WHEREAS, plaintiff contends that the Federal Water Pollution Control Act Amendments of 1972 (hereinafter the "Act"), 33 U.S.C. § 1251 et seq., require that the Administrator of the Environmental Protection Agency publish or promulgate certain guidelines, regulations, information and reports within the time limits specified in the Act, as set forth in detail in Counts I through XIV of the Complaint herein, and that the Administrator's failure to publish or promulgate said guidelines, regulations, information, and reports constitutes a violation of the Act;

WHEREAS, the plaintiff and the defendants mutually desire that certain regulations, guidelines and reports required to be promulgated or issued pursuant to the Act be issued as empeditiously as possible;

NOW, THEREFORE, it is hereby stipulated between the parties as follows:

[3 ELR 20588]

On or before August 31, 1973, the Administrator of the Environmental Protection Agency shall publish the list required by Section 307(a)(1) of the Act, 33 U.S.C. § 1317(a)(1). On or before December 3, 1973, the Administrator shall publish the proposed effluent standards required by Section 307(a) (2) of the Act, 33 U.S.C. § 1317(a)(2).

On or before September 4, 1973, the Administrator shall publish the guidelines required by Section 208(a)(1) of the Act, 33 U.S.C. § 1288(a)(1).

III

On or before October 15, 1973, the Administrator shall publish the guidelines required by Section 304(f)(1) of the Act, 33 U.S.C. § 1314(f)(1).

On or before October 15, 1973, the Administrator shall promulgate the standards required by Section 307(b) (1) of the Act, 33 U.S.C. § 1317(b)(1).

On or before Agust 15, 1973, the Administrator shall issue the guidelines required by Section 204(b) (2) of the Act, 33 U.S.C. § 1284(b)(2).

On or before September 4, 1973, the Administrator shall publish the guidelines required by Section 212(2)(C) of the Act, 33 U.S.C. § 1292(2)(C).

VII

On or before October 1, 1973, the Administrator shall promulgate the guidelines required by Section 403(c) (1) of the Act, 33 U.S.C. § 1343(c)(1).

VIII

On or before October 1, 1973, the Administrator shall promulgate the guidelines required by Section 304(g) of the Act, 33 U.S.C. § 1314(g).

On or before August 30, 1973, the Administrator shall enter into the agreements required by Section 304(j) of the Act, 33 U.S.C. § 1314(j).

On or before October 30, 1973, the Administrator shall transmit to Congress and make available to the public a detailed estimate of the cost of construction of all needed publicly owned treatment works in all of the States and of the cost of construction of all needed publicly owned treatment works in each of the States, as required by Section 516(b)(2) of the Act, 33 U.S.C. § 1375(b)(2). On or before January 1, 1974, the Administrator shall transmit to Congress and make available to the public the additional information required by Section 516(b)(1), (3) and (4) of the Act, 33 U.S.C. § 1375(b)(1), (3), (4).

On or before July 2, 1973 the Administrator shall transmit to Congress the report required by Section 104(m) of the Act, 33 U.S.C. § 1254(m).

XII

On or before July 2, 1973, the Administrator shall submit to Congress the Report required by Section 516(a) of the Act, 33 U.S.C. § 1375(a).

XIII

On or before August 13, 1973, the Administrator shall publish the information required by Section 304(d)(1) of the Act, 33 U.S.C. § 1314(d)(1).

XIV

On or before July 2, 1973, the Administrator shall promulgate the guidelines required by Section 304(h)(1) of the Act, 33 U.S.C. § 1314(h)(1).

The Administrator's agreement herein to promulgate or publish guidelines, regulations, information and reports shall be deemed satisfied by his issuance thereof.

XVI

The actions which the Administrator is required to take pursuant to Paragraphs I through XIV, except as to the proposed toxic effluent standards required to be published pursuant to the second sentence of Paragraph I above, shall be the publication or promulgation of final guidelines, regulations, information, and reports. In addition, in advance of the date specified in the first sentence in Paragraph I and in advance of each date specified in Paragraphs II-IX, XIII and XIV above, the Administrator shall publish in the Federal Register a notice of proposed rulemaking or other action with respect to each action required by the first sentence of Paragraph I and Paragraphs II-IX, XIII and XIV above, and will allow at least thirty (30) days for public comment on each such action and twenty (20) days for agency review of such public comments.

XVII

On or before August 15, 1973, the Administrator shall publish and make available to the public a report analyzing the Environmental Protection Agency's internal procedures and decision making process for publishing or promulgating guidelines, regulations, information, and reports as required by the Act, and recommending any needed changes in the internal procedures and decision making process so that the objectives of the Act may be achieved within the time specified in the Act. The Administrator shall invite the public to submit comments thereon.

APPROVED AND STIPULATED TO

This June 6, 1973