Notice2022-05486
Proposed Settlement Agreement, Clean Air Act Citizen Suit
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 16, 2022
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed settlement agreement in Genscape, Inc. v. EPA, No. 19-3705 (6th Cir.). On July 26, 2019, Petitioner Genscape, Inc. (Genscape) filed a petition for review in the United States Court of Appeals for the Sixth Circuit. Genscape challenged the final action of the Environmental Protection Agency (EPA or the Agency) entitled "EPA Final Determination in the Matter of Genscape, Inc., Option A Quality Assurance Plan Auditor Under the Renewable Fuel Standard Program" ("Final Determination"), which was issued on May 31, 2019. The proposed settlement agreement would require dismissal of the litigation once EPA issues a revision to the Final Determination as specified in Attachment A.
Full Text
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<title>Federal Register, Volume 87 Issue 51 (Wednesday, March 16, 2022)</title>
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[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 14853-14854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05486]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0293; FRL-9653-01-OGC]
Proposed Settlement Agreement, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; request for public
comment.
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SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the
Act), notice is given of a proposed settlement agreement in Genscape,
Inc. v. EPA, No. 19-3705 (6th Cir.). On July 26, 2019, Petitioner
Genscape, Inc. (Genscape) filed a petition for review in the United
States Court of Appeals for the Sixth Circuit. Genscape challenged the
final action of the Environmental Protection Agency (EPA or the Agency)
entitled ``EPA Final Determination in the Matter of Genscape, Inc.,
Option A Quality Assurance Plan Auditor Under the Renewable Fuel
Standard Program'' (``Final Determination''), which was issued on May
31, 2019. The proposed settlement agreement would require dismissal of
the litigation once EPA issues a revision to the Final Determination as
specified in Attachment A.
DATES: Written comments on the proposed settlement agreement must be
received by April 15, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0293, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (EPA's preferred
method). Follow the online instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Additional Information
about Commenting on the Proposed Settlement Agreement'' heading under
the SUPPLEMENTARY INFORMATION section of this document. Out of an
abundance of caution for members of the public and our staff, the EPA
Docket Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as there may be a delay in processing
mail and faxes. Hand-deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
FOR FURTHER INFORMATION CONTACT: Susan Stahle, Air and Radiation Law
Office (mail code), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone (202) 564-1272; email address <a href="/cdn-cgi/l/email-protection#f0838491989c95de838583919eb0958091de979f86"><span class="__cf_email__" data-cfemail="324146535a5e571c414741535c725742531c555d44">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Settlement Agreement
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2022-0293) contains a copy of the proposed settlement
agreement.
The electronic version of the public docket for this action
contains a copy of the proposed settlement agreement and is available
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You may use <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.''
II. Additional Information About the Proposed Settlement Agreement
On May 31, 2019, EPA issued the Final Determination in which it (1)
revoked Genscape's registration as a Quality Assurance Plan (QAP)
auditor pursuant to 40 CFR 80.1450(g)(11); (2) revoked Genscape's QAP A
Plan under 40 CFR 80.1469(e)(4); and (3) required Genscape to replace
the remaining invalid A-RINs it had verified and that were used for
compliance purposes pursuant to 40 CFR 80.1470(d) and 80.1474(b)(5)(i).
On July 26, 2019, Genscape filed a petition for review in the Sixth
Circuit Court of Appeals challenging only the portion of the Final
Determination requiring Genscape to replace the invalid RINs. The
proposed settlement would require dismissal of this litigation once EPA
issues a revision to the Final Determination as specified in Attachment
A within 30 days of a fully executed settlement agreement. The revision
to the Final Determination would be limited to revisions addressing the
number of RINs Genscape must replace, the time in which they much be
replaced and other requirements regarding that RIN replacement.
Genscape would file an appropriate pleading to dismiss its petition for
review with prejudice
[[Page 14854]]
within 15 days of EPA issuing the revision to the Final Determination.
If Genscape fully complies with the revised Final Determination, it
would fulfill Genscape's RIN replacement obligations under and bring
Genscape into compliance with 40 CFR 80.1470 and 80.1474 regarding the
auditing activities described in the Final Determination and would
fully resolve all RIN retirement obligations of Genscape and its parent
companies identified in the proposed settlement agreement arising from
the Final Determination. If Genscape fails to comply with any
requirement in the revised Final Determination, EPA would reserve the
right to initiate proceedings to enforce that action. If EPA fails to
issue the revisions to the Final Determination, Genscape would be able
to pursue its challenge to the original Final Determination.
In accordance with section 113(g) of the CAA, for a period of
thirty (30) days following the date of publication of this document,
the Agency will accept written comments relating to the proposed
settlement agreement. EPA or the Department of Justice may withdraw or
withhold consent to the proposed 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.
III. Additional Information About Commenting on the Proposed Settlement
Agreement
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-
0293, via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from this docket. EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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. EPA will generally 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, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
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. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2022-05486 Filed 3-15-22; 8:45 am]
BILLING CODE 6560-50-P
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