[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]
[Page 38205-38207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy08-52]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8687-7]
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 a lawsuit filed by the
National Environmental Development Association's Clean Air Project in
the United States Court of Appeals for the District of Columbia:
National Environmental Development Association's Clean Air Project v.
EPA, No. 06-1428 (D.C. Cir.). Petitioner filed a petition for review
challenging EPA's notice entitled ``Recent Posting to the Applicability
Determination Index (ADI) of Agency Applicability Determinations,
Alternative Monitoring Decisions, and Regulatory Interpretations
Pertaining to Standards of Performance for New Stationary Sources and
National Emission Standards for Hazardous Air Pollutants, and the
Stratospheric Protection Program,'' 71 FR 70383 (December 4, 2006).
Under the terms of the proposed settlement agreement, EPA agrees that
in the first ADI Posting Notice signed after the settlement agreement
becomes final, EPA will use specific language as set forth in the
settlement agreement. In addition, no later than 30 days after the
settlement agreement becomes final, EPA will provide a new search
capability for users of the ADI.
DATES: Written comments on the proposed settlement agreement must be
received by August 4, 2008.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2008-0471, 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.,
[[Page 38206]]
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: Diane McConkey, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-5588; fax number (202) 564-5603; e-mail address:
mcconkey.diane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement
Petitioner raised issues concerning the December 4, 2006, Federal
Register notice entitled ``Recent Posting to the Applicability
Determination Index (ADI) of Agency Applicability Determinations,
Alternative Monitoring Decisions, and Regulatory Interpretations
Pertaining to Standards of Performance for New Stationary Sources and
National Emission Standards for Hazardous Air Pollutants, and the
Stratospheric Protection Program,'' 71 FR 70383 (December 4, 2006). EPA
maintains a computerized database, known as the Applicability
Determination Index (``ADI''), which is a compilation of applicability
determinations, alternative monitoring decisions, and regulatory
interpretations pertaining to standards of performance for new
stationary sources, national emission standards for hazardous air
pollutants, and the stratospheric protection program. From time to
time, EPA publishes in the Federal Register notices of recent postings
to the ADI (``ADI Posting Notices''), similar to the notice at issue in
this petition for review.
The settlement agreement provides that in the first ADI Posting
Notice signed after this settlement agreement is final and effective,
EPA will not use the expressions ``broadly termed applicability
determinations,'' ``broadly termed alternative monitoring decisions,''
or ``broadly termed regulatory interpretations,'' but will instead use
the following expressions, as needed: ``commonly referred to as
applicability determinations,'' ``commonly referred to as alternative
monitoring decisions,'' and ``commonly referred to as regulatory
interpretations.'' In addition, EPA will include the following
language: ``This notice does not change the status of any document with
respect to whether it is `of nationwide scope and effect' for purposes
of section 307(b)(1) of the Clean Air Act. For example, this notice
does not make an applicability determination for a particular source
into a nationwide rule. Neither does it purport to make any document
that was previously non-binding into a binding document.'' The
settlement agreement further states that no later than 30 days after
the date the agreement becomes final, EPA will provide a new search
capability for users of the ADI, such that users have the option of
performing a search limited to the documents contained in a single ADI
Posting Notice. If EPA complies with the terms of the settlement
agreement, Petitioner shall file for dismissal of the petition for
review with prejudice in accordance with Rule 42(b) of the Federal
Rules of Appellate Procedures.
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 Act. Unless EPA or the
Department of Justice determines, based on any comment which may be
submitted, that consent to the settlement agreement should be
withdrawn, the terms of the agreement will be affirmed.
II. Additional Information About Commenting on the Proposed Settlement
Agreement
A. How Can I Get A Copy of the Settlement Agreement?
Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2008-0471 which 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 http://www.regulations.gov to
view the settlement agreement, 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, 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 on 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 are 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?
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,
[[Page 38207]]
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: June 26, 2008.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E8-15157 Filed 7-2-08; 8:45 am]
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