[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Notices]
[Pages 23419-23420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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 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 
[email protected].

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 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 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 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. 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 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. 2023-08070 Filed 4-14-23; 8:45 am]
BILLING CODE 6560-50-P


