Notice2023-08070
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
April 17, 2023
Issuing agencies
Environmental Protection Agency
Abstract
In accordance with the Clean Air Act, as amended (CAA), notice is given of a proposed settlement agreement in Center for Biological Diversity v. Environmental Protection Agency, Case No. 22-1164 (D.C. Cir.). On July 20, 2022, the Center for Biological Diversity (CBD) filed a petition for review in the United States District Court for the District of Columbia alleging that the Environmental Protection Agency (EPA or the Agency) failed to comply with the consultation requirements of the Endangered Species Act (ESA), the CAA, and the Administrative Procedures Act (APA) in promulgating the Renewable Fuel Standard (RFS) Program: RFS Annual Rules, (July 1, 2022) ("2020-2022 RFS Annual Rule"). With the proposed settlement agreement, EPA would commit to complete its ESA consultation for the subsequent RFS rule proposed on December 30, 2022, the Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes, (December 30, 2022) ("2023-2025 RFS Set Rule"), and CBD would agree to dismiss its challenge to the 2020- 2022 RFS Annual Rule.
Full Text
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<title>Federal Register, Volume 88 Issue 73 (Monday, April 17, 2023)</title>
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[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Notices]
[Pages 23419-23420]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08070]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2023-0212; FRL-10878-01-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), notice
is given of a proposed settlement agreement in Center for Biological
Diversity v. Environmental Protection Agency, Case No. 22-1164 (D.C.
Cir.). On July 20, 2022, the Center for Biological Diversity (CBD)
filed a petition for review in the United States District Court for the
District of Columbia alleging that the Environmental Protection Agency
(EPA or the Agency) failed to comply with the consultation requirements
of the Endangered Species Act (ESA), the CAA, and the Administrative
Procedures Act (APA) in promulgating the Renewable Fuel Standard (RFS)
Program: RFS Annual Rules, (July 1, 2022) (``2020-2022 RFS Annual
Rule''). With the proposed settlement agreement, EPA would commit to
complete its ESA consultation for the subsequent RFS rule proposed on
December 30, 2022, the Renewable Fuel Standard (RFS) Program: Standards
for 2023-2025 and Other Changes, (December 30, 2022) (``2023-2025 RFS
Set Rule''), and CBD would agree to dismiss its challenge to the 2020-
2022 RFS Annual Rule.
DATES: Written comments on the proposed settlement agreement must be
received by May 17, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0212, 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.
FOR FURTHER INFORMATION CONTACT: Meredith G. Miller, Air and Radiation
Law Office, Office of General Counsel, U.S. Environmental Protection
Agency; telephone (202) 564-8572; email address
<a href="/cdn-cgi/l/email-protection#523f3b3e3e37207c3f372037363b263a123722337c353d24"><span class="__cf_email__" data-cfemail="3a575356565f4814575f485f5e534e527a5f4a5b145d554c">[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-2023-0212) contains a copy of the proposed settlement
agreement. The official public docket is available for public viewing
at the Office of Environmental Information (OEI) Docket in the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
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
The RFS program began in 2006 pursuant to the requirements of the
Energy Policy Act of 2005 (EPAct) that were codified in CAA section
211(o). The statutory requirements were subsequently amended by the
Energy Independence and Security Act of 2007 (EISA). The RFS statute
sets forth annual, nationally applicable volume targets for biomass-
based diesel through 2012, and for the other three categories of
renewable fuel--total renewable fuel, advanced biofuel, and cellulosic
biofuel--through 2022. See 42 U.S.C 7545(o)(2)(B)(i). For calendar
years after which the statute provides volume targets, the statute
directs EPA to determine the applicable volume targets in coordination
with the Secretary of Energy and the Secretary of Agriculture, based on
a review of the implementation of the RFS program for prior years and
an analysis of specific factors enumerated by 42 U.S.C.
7545(o)(2)(B)(ii) (e.g., impacts on the environment and energy
security, costs to consumers, etc.).
[[Page 23420]]
On July 1, 2022, EPA published the RFS annual rules for 2020, 2021,
and 2022. Renewable Fuel Standard (RFS) Program: RFS Annual Rules, 87
FR 39600 (July 1, 2022) (``2020-2022 RFS Annual Rule''). On July 20,
2022, CBD filed a petition for review of the 2020-2022 RFS Annual Rule
challenging whether EPA complied with the consultation requirements of
ESA section 7(a)(2), 16 U.S.C. 1536(a)(2); the CAA, 42 U.S.C.
7545(o)(2)(B)(ii)(I); and the APA, 5 U.S.C. 706. On September 27, 2022,
CBD filed a motion for summary vacatur of the 2020-2022 RFS Annual
Rule. Center for Biological Diversity v. Environmental Protection
Agency, Case No. 22-1164 (D.C. Cir.), Doc. 1966328.
Under the proposed settlement agreement, EPA would commit to
complete its ESA section 7(a) consultation for the RFS rule subsequent
to the 2020-2022 RFS Annual Rule that EPA proposed on December 30,
2023. Renewable Fuel Standard (RFS) Program: Standards for 2023-2025
and Other Changes, 87 FR 80582 (December 30, 2022) (``2023-2025 RFS Set
Rule''). If either the Fish and Wildlife Service or the National Marine
Fisheries Service issues a biological opinion in connection with this
ESA consultation, EPA would also agree to issue a determination
addressing any conservation recommendations, terms and conditions of
any incidental take statement, and/or reasonable and prudent
alternatives within the time frames set forth in that biological
opinion. CBD would agree to dismiss with prejudice its challenge to the
2020-2022 RFS Annual Rule within five days of receiving notice from EPA
that it has terminated the ESA section 7(a) consultation for the 2023-
2025 RFS Set Rule.
The proposed Settlement Agreement also includes standard language
regarding resolution of costs and attorneys' fees, stipulation of
extensions, lapses in appropriations, disputes in implementation,
preservation of Agency discretion, and the CAA section 113(g) process.
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 CAA.
III. Additional Information About Commenting on the Proposed Settlement
Agreement
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-
0212, 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. 2023-08070 Filed 4-14-23; 8:45 am]
BILLING CODE 6560-50-P
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