[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 14853-14854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 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. 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 https://www.regulations.gov, 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 
https://www.epa.gov/dockets.
    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 [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-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 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

    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 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. 2022-05486 Filed 3-15-22; 8:45 am]
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