[Federal Register: April 11, 2008 (Volume 73, Number 71)]
[Notices]
[Page 19838-19839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap08-55]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8552-8]
Proposed Settlement Agreement, Clean Air Act
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 Coke Oven
Environmental Task Force: Coke Oven Environmental Task Force v. EPA,
Nos. 06-1131, 07-1321 (consolidated) (D.C. Cir.). On or about April 7,
2006, and August 13, 2007 respectively, Petitioner filed petitions for
review challenging EPA's final rules entitled: (1) ``Standards of
Performance for Electric Utility Steam Generating Units for Which
Construction Is Commenced After September 18, 1978; Standards of
Performance for Industrial-Commercial-Institutional Steam Generating
Units; and Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units,'' 71 FR 9866 (February 27, 2006),
and (2) ``Standards of Performance for Fossil-Fuel-Fired Steam
Generators for Which Construction Is Commenced After August 17, 1971;
Standards of Performance for Electric Utility Steam Generating Units
for Which Construction Is Commenced After September 18, 1978; Standards
of Performance for Industrial-Commercial-Institutional Steam Generating
Units; and Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units,'' 72 FR 32710 (June 13, 2007),
(collectively, the ``Steam Generating Unit NSPS''). Under the terms of
the proposed settlement agreement, EPA shall sign a notice of proposed
rulemaking or direct final rulemaking that contains amendments to the
rules that are the same in substance as set forth in Attachment A to
this settlement agreement by May 31, 2008, and take any necessary final
action by November 30, 2008.
DATES: Written comments on the proposed settlement agreement must be
received by May 12, 2008.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2008-0266, 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: Richard H. Vetter, c/o Cheryl Graham
Air and Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone: (919) 541-2127; fax number (919) 541-
4991; e-mail address: vetter.rick@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement
Petitioner raised issues concerning the final rules entitled
``Standards of Performance for Electric Utility Steam Generating Units
for Which Construction Is Commenced After September 18, 1978; Standards
of Performance for Industrial-Commercial-
[[Page 19839]]
Institutional Steam Generating Units; and Standards of Performance for
Small Industrial-Commercial-Institutional Steam Generating Units,'' 71
FR 9866 (February 27, 2006), and ``Standards of Performance for Fossil-
Fuel-Fired Steam Generators for Which Construction Is Commenced After
August 17, 1971; Standards of Performance for Electric Utility Steam
Generating Units for Which Construction Is Commenced After September
18, 1978; Standards of Performance for Industrial-Commercial-
Institutional Steam Generating Units; and Standards of Performance for
Small Industrial-Commercial-Institutional Steam Generating Units,'' 72
FR 32710 (June 13, 2007).
The settlement agreement provides that by May 31, 2008, EPA shall
sign a notice of proposed rulemaking or direct final rulemaking that
contains amendments to the rules that are the same in substance as set
forth in Attachment A to this settlement agreement and by November 30,
2008, EPA shall take any necessary final action on the rules. If EPA
signs a final rule that contains amendments to the rules that are
substantially the same in substance as set for in Attachment A, then
publishes that final rule in the Federal Register, Petitioner and EPA
shall file for dismissal of the consolidated Petitions 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-2008-0226 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 the 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 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?
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: April 4, 2008.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E8-7814 Filed 4-10-08; 8:45 am]
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