US EPA Notice of New Proposed Settlement Agreement

The U.S. Environmental Protection Agency (EPA) has recently published a notice in the Federal Register (86 FR 49530, Sept. 3, 2021) regarding a proposed settlement agreement between the State of New Jersey and EPA.  On September 3, 2021, EPA opened docket number EPA-OGC-2021-0583, available at https://www.regulations.gov/document/EPA-HQ-OGC-2021-0583-0001 to receive public comments on this proposal.  The Federal Register notice and the text of the proposed settlement agreement are available in the docket.  The comment period is open until October 4, 2021.

In November 2019, New Jersey conducted an inspection of EPA’s Edison facility and found several state law violations related to its boilers and emergency generators. EPA worked with New Jersey to bring the boilers and generators back into full compliance by the end of 2020. 

Under the terms of the proposed settlement agreement, EPA and New Jersey have tentatively agreed on a proposed settlement agreement that would fully resolve the identified state law violations through payment of a $8,600 penalty, a penalty which would rise to a full penalty of $17,200 if EPA failed to pay that penalty on time.

EPA encourages your participation in the public comment process on the proposed settlement agreement mentioned above.  Please submit any comments to EPA docket number EPA-OGC-2021-0583 by October 4, 2021, pursuant to the process outlined in the Federal Register notice.  We welcome all comments that you may have, including comments indicating concurrence.  Any comments received by EPA via email or other means outside of the regulations.gov platform will be directed to the docket where they will be available for public viewing.  You are under no obligation to submit comments, and this notice does not require you to take any action.

A copy of the proposed settlement agreement can be found here: https://www.regulations.gov/document/EPA-HQ-OGC-2021-0583-0002.

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To view all complaints, petitions for review, and notices of intent to sue filed with the EPA, as well as proposed consent decrees and proposed settlement agreements, please visit  https://www.epa.gov/ogc.

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Disclaimer: Posting does not mean that the notice was properly filed and/or served upon EPA or the United States, and EPA does not waive any defenses related to improper filing or service as it relates to the notices posted.