[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Notices]
[Page 53769-53770]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-42]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8471-1]
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 section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed settlement agreement, to address three lawsuits filed by the
American Iron and Steel Institute, the Specialty Steel Industry of
North America and the Steel Manufacturers Association. [American Iron
and Steel Institute et. al v. U.S. Environmental Protection Agency, No.
00-1434 consolidated with Nos. 00-1435 and 05-1135 (D.C. Cir.)]. In
these cases, petitioners asked the Court to review final rules
promulgated by the Environmental Protection Agency (EPA) relating to
the New Source Performance Standards for Electric Arc Furnaces, 40 CFR
Part 60, Subparts AA and AAa, and the Amendments to Standards of
Performance for New Stationary Sources: Monitoring Requirements (PS-1)
65 FR 48914 (August 10, 2000). Under the terms of the proposed
settlement agreement, the EPA would execute a letter explaining its
position regarding the proper use of continuous opacity monitoring
system (COMS) data with respect to the 40 CFR Part 60, Subparts AAa and
AAa NSPS for electric arc furnace (EAF) steel facilities.
DATES: Written comments on the proposed settlement agreement must be
received by October 22, 2007.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0961, online at http://www.regulations.gov (EPA's preferred method); by e-mail to oei.docket@epa.gov; mailed 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: Sonja Rodman, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-4079; fax number (202) 564-5603; e-mail address:
rodman.sonja@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement
Through this action, EPA is providing notice of a proposed
settlement agreement to address three petitions for review of EPA
actions filed by American Iron and Steel Institute (AISI), the
Specialty Steel Industry of North America (SSINA) and the Steel
Manufacturers Association (SMA). Two of the petitions for review were
filed in October 2000. On or about October 10, 2000, Petitioners SSINA
and SMA petitioned the Court for review of the ``Amendments to
Standards of Performance for New Stationary Sources: Monitoring
Requirements'' 65
[[Page 53770]]
FR 48914 (August 10, 2000) (``PS-1 Rule'') [Specialty Steel Industry of
North America & Steel Manufacturers Association v. U.S. Environmental
Protection Agency, No. 00-1434 (D.C. Cir)]. Also on or about October
10, 2000, Petitioners AISI, SSINA and SMA asked the Court to review the
New Source Performance Standards Subparts AA and AAa, 40 CFR Part 60,
Subparts AA and AAa, which they asserted had been modified by the
aforementioned PS-1 Rule [American Iron and Steel Institute, Specialty
Steel Industry of North American, Steel Manufacturers Association v.
U.S. Environmental Protection Agency, No. 00-1435 (D.C. Cir.)]. The
litigation on these two petitions was stayed pending EPA's action on a
related administrative petition. Subsequently, on or about April 22,
2005, Petitioners SMA and AISI petitioned the Court for review of a
final rule promulgated by EPA entitled ``Standards of Performance for
Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974,
and before August 17, 1983; and Standards of Performance for Steel
Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels
Constructed After August 17, 1983.'' 70 FR 8523 (February 22, 2005)
[Steel Manufacturers Association & American Iron and Steel Institute v.
U.S. Environmental Protection Agency, No. 05-1135 (D.C. Cir.)]. These
three lawsuits were consolidated into a single action by the United
States Court of Appeals for the District of Columbia Circuit. The
proposed settlement agreement would resolve all three lawsuits. Under
the terms of the proposed settlement agreement, the EPA would execute a
letter explaining its position regarding the proper use of continuous
opacity monitoring system (COMS) data with respect to the 40 CFR Part
60, Subparts AAa and AAa NSPS for electric arc furnace (EAF) steel
facilities. The text of this letter is included in the docket for this
rulemaking.
For a period of thirty (30) days following the date of publication
of this notice, the Agency will receive written comments relating to
the proposed settlement agreement from persons who were not named as
parties or intervenors to the litigation in question. 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 Clean Air Act. Unless EPA
or the Department of Justice determines, based on any comment which may
be submitted, that consent to the settlement should be withdrawn, the
terms of the agreement will be affirmed.
II. Additional Information About Commenting on the Proposed Settlement
A. How Can I Get a Copy of the Settlement?
The official public docket for this action--Docket ID No. EPA-HQ-
OGC-2007-0961--contains a copy of the 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.
An electronic version of the public docket is available through
http://www.regulations.gov You may use the http://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, select ``search,'' then key in the appropriate docket
identification number.
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 http://www.regulations.gov without change,
unless the comment contains copyrighted material, 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?
Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2007-0961. 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 e-mail 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 http://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, e-mail 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
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://www.regulations.gov
, your e-mail 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: September 14, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-18577 Filed 9-19-07; 8:45 am]
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