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Proposed Consent Decree, Clean Air Act Citizen Suit Publication: Federal Register Agency: Environmental Protection Agency Byline: Gautam Srinivasan Date: 23 May 2022 Subjects: American Government  , The Environment, Petroleum
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[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31233-31234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10988]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OGC-2022-0437; FRL-9869-01-OGC]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; 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 consent decree in Growth Energy v.
Regan, No. 1:22-cv-01191 (D. DC). On April 29, 2022, Plaintiff Growth
Energy filed a complaint in the United States District Court for the
District of Columbia alleging that the Environmental Protection Agency
(EPA or the Agency) failed to perform a non-discretionary duty in
accordance with the Act to establish volumes under the renewable fuel
program for 2023. The proposed consent decree would establish deadlines
for EPA to establish the 2023 renewable fuel program volumes: Signature
of a proposed rule by September 16, 2022, and signature of a final rule
by April 28, 2023.
DATES: Written comments on the proposed consent decree must be received
by June 22, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0437, online at https://www.regulations.gov (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 https://www.regulations.gov, including any personal information
provided. For
[[Page 31234]]
detailed instructions on sending comments and additional information on
the rulemaking process, see the ``Additional Information about
Commenting on the Proposed Consent Decree'' heading under the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Rosemary Hambright Kaban, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone (202) 564-8829; email address
Kaban.Rosemary@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining a Copy of the Proposed Consent Decree
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2022-0437) contains a copy of the proposed consent
decree. 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
20460. 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 consent decree and is available through
https://www.regulations.gov. You may use https://www.regulations.gov 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 Consent Decree
The proposed consent decree would establish deadlines for EPA to
establish volumes for the renewable fuel program for 2023: September
16, 2022, for EPA to sign a proposed rule, and April 28, 2023, for EPA
to sign a final rule. EPA is obligated to establish the 2023 renewable
fuel program volumes under 42 U.S.C. 7545(o)(2)(B)(ii). For years after
the statutory volumes in 42 U.S.C. 7545(o)(2)(B)(i) cease, the Agency
is statutorily obligated to establish the renewable fuel program
volumes ``no later than 14 months before the first year for which such
applicable volume will apply.'' Under this provision, EPA was required
to establish the volumes for 2023 by October 31, 2021. EPA intends to
establish applicable percentage standards for obligated parties for
2023 in the same rulemaking that establishes volumes for 2023.
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
consent decree. EPA or the Department of Justice may withdraw or
withhold consent to the proposed consent decree 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 Consent
Decree
Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-
0437, via https://www.regulations.gov. 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 https://www.regulations.gov 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 https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
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 https://www.regulations.gov 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. 2022-10988 Filed 5-20-22; 8:45 am]
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