80 FR 21718 - Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 75 (April 20, 2015)

In accordance with section 113(g) of the Clean Air Act, as amended, (``CAA'' or the ``Act''), notice is hereby given of a proposed consent decree to address a lawsuit filed by American Fuel & Petrochemical Manufacturers and American Petroleum Institute (collectively ``Plaintiffs''): American Fuel & Petrochemical Manufacturers, et al. v. EPA, No. 1:15-cv-394 (D. DC). In this lawsuit, Plaintiffs allege that EPA has failed to meet the CAA requirement that the Agency establish renewable fuel obligations applicable to calendar years 2014 and 2015. They also allege that EPA failed to timely approve or disapprove Plaintiffs' petition requesting that EPA waive in part the CAA applicable volumes of renewable fuel for calendar year 2014. The proposed consent decree establishes deadlines for EPA to take proposed and final action regarding renewable fuel obligations for 2015, a deadline for EPA to take final action regarding renewable fuel obligations for 2014 and a deadline for EPA to approve or disapprove Plaintiffs' petition seeking a partial waiver of CAA renewable fuel applicable volumes for 2014.

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21718-21719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09012]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9926-42-OGC]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended, (``CAA'' or the ``Act''), notice is hereby given of a proposed 
consent decree to address a lawsuit filed by American Fuel & 
Petrochemical Manufacturers and American Petroleum Institute 
(collectively ``Plaintiffs''): American Fuel & Petrochemical 
Manufacturers, et al. v. EPA, No. 1:15-cv-394 (D. DC). In this lawsuit, 
Plaintiffs allege that EPA has failed to meet the CAA requirement that 
the Agency establish renewable fuel obligations applicable to calendar 
years 2014 and 2015. They also allege that EPA failed to timely approve 
or disapprove Plaintiffs' petition requesting that EPA waive in part 
the CAA applicable volumes of renewable fuel for calendar year 2014. 
The proposed consent decree establishes deadlines for EPA to take 
proposed and final action regarding renewable fuel obligations for 
2015, a deadline for EPA to take final action regarding renewable fuel 
obligations for 2014 and a deadline for EPA to approve or disapprove 
Plaintiffs' petition seeking a partial waiver of CAA renewable fuel 
applicable volumes for 2014.

DATES: Written comments on the proposed consent decree must be received 
by May 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0261, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Roland Dubois, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5626; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve the lawsuit filed by 
Plaintiffs by establishing that EPA must take proposed action by June 
1, 2015 and final action by November 30, 2015 to address renewable fuel 
obligations under CAA 211(o) for calendar year 2015. In addition, the 
proposed decree would establish that EPA must take final action by 
November 30, 2015 to address renewable fuel obligations for calendar 
year 2014 and to approve or disapprove Plaintiffs' petition seeking a 
partial waiver of renewable fuel applicable volumes set forth in CAA 
211(o)(2) for calendar year 2014. See the proposed consent decree for 
the specific details.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed consent decree from persons who were not named as parties or 
interveners to the litigation in question. 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. Unless EPA or the Department of 
Justice determines that consent to this consent decree should be 
withdrawn, the terms of the decree will be affirmed.

 II. Additional Information About Commenting on the Proposed Consent 
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2015-0261) contains a

[[Page 21719]]

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. 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.
    An electronic version of the public docket is available through 
www.regulations.gov. You may use www.regulations.gov to submit or view 
public comments, access the index listing of the contents of the 
official public docket, and to 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''.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing online at www.regulations.gov without change, unless 
the comment contains copyrighted material, information that is claimed 
as confidential business information (CBI), or other information whose 
disclosure is restricted by statute. Information claimed as CBI and 
other information whose disclosure is restricted by statute is not 
included in the official public docket or in the electronic public 
docket. EPA's policy is that copyrighted material, including 
copyrighted material contained in a public comment, will not be placed 
in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 
Center.

B. How and to whom do i submit comments?

    You may submit comments as provided in the ADDRESSES section. 
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.
    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 and with any disk or CD 
ROM you submit. 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 www.regulations.gov Web site 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. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

    Dated: April 9, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-09012 Filed 4-17-15; 8:45 am]
 BILLING CODE 6560-50-P