Proposed Settlement Agreement, Clean Air Act Citizen Suit, 14853-14854 [2022-05486]

Download as PDF Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices Parties’’), owners of the real property located at 1213 253rd Street, Harbor City, Los Angeles County, California, known as the Former C-Brite Metal Finishing Facility Site (‘‘C-Brite Site’’ or ‘‘Site’’). C-Brite Metal Finishing, Inc. operated a plating business at the Site from 1966 to 2017 and abandoned the property thereafter. Under the Settlement Agreement, the Settling Parties’ CERCLA liability will be resolved in exchange for a lump sum payment of $100,000, which will be placed in a special account and used to fund response actions at the Site. DATES: The Agency will consider public comments relating to the Settlement Agreement until April 15, 2022. EPA will consider all comments received and may modify or withdraw its consent to the Settlement Agreement if comments received disclose facts or considerations that indicate it is inappropriate, improper, or inadequate. ADDRESSES: Please contact Harry Allen at Allen.HarryL@epa.gov or (415) 218– 7406 to request a copy of the Settlement Agreement. Comments on the Settlement Agreement should be submitted in writing to Mr. Allen at Allen.HarryL@epa.gov. Comments should reference the C-Brite Site and the EPA Docket Number for the Settlement Agreement, EPA R9–2021–07. If for any reason you are not able to submit a comment by email, please contact Mr. Allen at (415) 218–7406 to make alternative arrangements for submitting your comment. EPA’s response to comments received may be obtained by contacting Mr. Allen at Allen.HarryL@ epa.gov or (415) 218–7406. FOR FURTHER INFORMATION CONTACT: Harry Allen, On-Scene Coordinator (SFD–9–2), Superfund Division, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105; email: Allen.HarryL@epa.gov; phone: (415) 218–7406. Dated: March 9, 2022. Michael Montgomery, Director, Superfund and Emergency Management Division, EPA Region IX. [FR Doc. 2022–05489 Filed 3–15–22; 8:45 am] BILLING CODE 6560–50–P jspears on DSK121TN23PROD with NOTICES1 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2022–0293; FRL–9653–01– OGC] Proposed Settlement Agreement, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 17:16 Mar 15, 2022 Jkt 256001 Notice of proposed settlement agreement; request for public comment. ACTION: 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, SUMMARY: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 14853 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 stahle.susan@ epa.gov. 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 E:\FR\FM\16MRN1.SGM 16MRN1 14854 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Notices jspears on DSK121TN23PROD with NOTICES1 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:// VerDate Sep<11>2014 17:16 Mar 15, 2022 Jkt 256001 www.epa.gov/dockets/commenting-epadockets. 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] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2021–0125; FRL–9664–01– OMS] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Polyvinyl Chloride and Copolymers Production (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Polyvinyl Chloride and Copolymers Production (EPA ICR Number 2432.06, OMB Control Number 2020–0666), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through April 30, 2022. Public comments were previously requested, via the Federal Register, on April 13, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. DATES: Additional comments may be submitted on or before April 15, 2022. ADDRESSES: Submit your comments, referencing Docket ID Number EPA– HQ–OAR–2021–0125, online using www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 2821T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Submit written comments and recommendations to OMB for the proposed information collection within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. SUMMARY: FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and Program Division (D243–05), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina, 27711; telephone number: (919) 541– 0833; email address: ali.muntasir@ epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[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.

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

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]
BILLING CODE 6560-50-P
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