FR 2021-01929

The Department of Justice has announced a proposed Third Amendment to a Consent Decree with the City of Kansas City, Missouri, concerning violations of the Clean Water Act. This legal agreement is part of a broader effort to address the city's sanitary and storm sewer overflows, which have resulted in regulatory action under national environmental laws.

Summary of the Document

This notice pertains to an amendment in an existing agreement between the United States and the City of Kansas City. Originally established in 2010, the Consent Decree required Kansas City to pay penalties and reduce sewer overflow issues. The new amendment outlines targets for reducing these overflows progressively, with a goal of achieving an 85% reduction in overflow volume by the year 2040. Important milestones have been set for the years 2024, 2030, and 2035, requiring specific percentages of the overflow to be captured through various control measures.

Significant Issues and Concerns

There are several potential issues within the document that warrant attention:

1. Lack of Detailed Plans: The document does not elaborate on the specific projects or methods Kansas City will use to achieve the required sewer overflow reductions. This absence of detail might leave the public and stakeholders wondering about the practicality and feasibility of the proposed measures.

2. Understanding Adaptive Management: The term "adaptive management concepts" is used without explanation. While this term may be familiar to those in environmental regulation circles, it could be ambiguous or confusing to the general public. Providing more context about what adaptive management entails could alleviate misunderstanding.

3. Cost of Obtaining Documents: For individuals interested in a physical copy of the Consent Decree, the cost is set at $26.00 due to reproduction charges. However, there is no clear explanation of how these charges are determined, which might deter or perplex those wishing to obtain the document.

4. Complex Comment Submission Process: The instructions for public comment are somewhat dispersed across different sections of the document, potentially complicating the process for those unfamiliar with such proceedings. A more unified approach to outlining the submission process might be beneficial.

Public Impact

The proposed amendment could have wide-reaching implications. By addressing long-standing environmental challenges associated with sewer overflows, it aims to improve water quality and public health in Kansas City, positively impacting local residents and ecosystems. However, without clear guidance and understanding, public support may wane, and effective engagement could be compromised.

Impact on Stakeholders

Positive Impact:
Kansas City residents stand to benefit from improved water quality and reduced environmental hazards associated with untreated sewer overflows. This outcome aligns with both environmental responsibilities and public health interests.

Negative Impact:
City officials and policymakers will face pressures to meet the agreed timelines and benchmarks. The need to adjust plans through adaptive management could lead to project prioritization challenges, resource allocation issues, and potential financial strain on local government budgets. Additionally, individuals or organizations seeking to engage with or obtain documentation of the amendment process might encounter difficulties due to the unclear aspects mentioned above.

In summary, while the Third Amendment to the Consent Decree seeks to mitigate environmental issues in Kansas City by setting progressive targets for reducing sewer overflows, the document might benefit from greater transparency and clarity in its outlined processes and terms. Such improvements would facilitate better public interaction and understanding, ultimately supporting the successful realization of its environmental objectives.

The Federal Register document references a specific financial aspect linked to obtaining a physical copy of the Consent Decree. It notes that to receive a paper copy, individuals must enclose a check or money order for $26.00, which covers 25 cents per page for reproduction costs. This fee is payable to the United States Treasury.

Financial Implications of Document Access

The charge of $26.00 reflects the cost of reproducing a copy of the Consent Decree, calculated at 25 cents per page. This fee structure suggests the document consists of 104 pages, a size that reflects its comprehensive nature, likely inclusive of detailed legal agreements, amendments, and supporting materials necessary for understanding the full scope of the Third Amendment to the Consent Decree.

Relation to Identified Issues

One issue identified in the document is the lack of detailed clarification on the reproduction cost structure. While the cost per page is provided, individuals unfamiliar with such procurement processes might find it unclear why the total amounts to $26.00, highlighting a potential communication gap. It would be beneficial for publications like this to explain the determination of the total pages or any included materials that contribute to the completion cost, ensuring transparency for those requesting a paper copy.

Overall, while financial details in the document are minimal and primarily focus on reproduction costs, improving the explanation of these costs could enhance understanding and clarify the financial commitment involved in accessing official documents like the Consent Decree.