Overview
Title
Proposed Consent Decree, Clean Air Act Citizen Suit
Agencies
ELI5 AI
The EPA has a proposal where they promise to make a decision by February 19, 2021, on a special request from a company that asked for help because their refinery was too small to meet certain rules. People can tell the EPA what they think about this plan until February 3, 2021.
Summary AI
The Environmental Protection Agency (EPA) has announced a proposed consent decree related to a lawsuit where United Refining Co. claimed that the EPA did not act on its 2019 small refinery hardship exemption request under the Renewable Fuel Standards (RFS) program. This proposed consent decree would require the EPA to make a decision on United's petition by February 19, 2021. Public comments on this proposal are encouraged and must be submitted by February 3, 2021. The proposed actions and comments can be viewed and submitted online through the official EPA website.
Abstract
In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in United Refining Co. v. Wheeler, No. 20-cv-1956 (D.D.C.). On July 7, 2020, United Refining Co. (United) 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 certain non- discretionary duty. United alleges that EPA failed to take final action on its petition for a small refinery hardship exemption from its 2019 obligations under the Renewable Fuel Standards (RFS) program established by the Clean Air Act. The proposed consent decree would establish a deadline for EPA to act on the petition.
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Sources
AnalysisAI
The Environmental Protection Agency (EPA) has released a document regarding a proposed consent decree tied to a legal case involving United Refining Co. (United). The company alleged that the EPA failed to take necessary action on its request for a small refinery hardship exemption for 2019 under the Renewable Fuel Standards (RFS) program. This document, part of the Federal Register notice, outlines that the proposed decree will set a specific deadline—February 19, 2021—for EPA to decide on the petition. Public comments on this proposal are actively being sought and must be submitted by February 3, 2021.
General Summary
The document lays out the context for a legal dispute between United Refining Co. and the EPA. It mentions that United Refining Co. filed a lawsuit because the EPA had not decided on their 2019 petition for a small refinery hardship exemption. The proposed consent decree seeks to resolve this delay by mandating that the EPA make a decision by a specified deadline. Additionally, it invites public comments on the proposed consent decree before finalizing the decision, emphasizing the public's role in the decision-making process.
Significant Issues and Concerns
The document is heavily laden with legal terminology, which may not be easily understandable to the general public. This complexity could hinder effective public participation, as people may find it difficult to comprehend the core issues or the implications of the decree. While the deadline for submitting comments is mentioned, it could have been highlighted more prominently to catch readers' attention. Furthermore, though the document does provide instructions for submitting comments, these instructions might seem overly complex, potentially deterring individuals from participating.
Impact on the Public
The overall impact on the public hinges largely on transparency and clarity in how the EPA handles small refinery exemptions. This issue is part of a broader debate on environmental regulations and renewable fuel mandates, which can affect fuel prices, environmental quality, and energy independence. The public at large might be interested in how the EPA's decision on United’s petition reflects its commitment to enforcing or adapting environmental standards amid industry pressures.
Impact on Specific Stakeholders
For specific stakeholders, notably those within the oil refining sector, the outcomes of this proposed consent decree could be significant. United Refining Co., for example, stands to benefit if the EPA grants the hardship exemption, potentially alleviating some regulatory burdens. On the other hand, environmental advocacy groups might view this as a potential weakening of Renewable Fuel Standards, concerned that exemptions could undermine efforts to reduce carbon emissions. Ultimately, the decision may influence the balance between economic concerns for refineries and environmental protection goals.
Overall, the document underscores the importance of timely governmental action on industrial petitions and aims to facilitate a balanced approach by involving public feedback before finalizing the consent decree.
Issues
• The document is presented in legal language that may be overly complex for the general public to easily understand, potentially leading to a lack of clarity for non-experts.
• The deadline for submitting written comments is clearly stated, but it could be emphasized more prominently to ensure readers are aware of this important date.
• Instructions for submitting comments are detailed, but the multiple steps and considerations involved may be confusing for some individuals, making it appear overly complex.
• The document does not clarify what criteria will be used by EPA to make a decision on the United Refinery Co.'s petition, which might be important for stakeholders to understand the decision-making process.