[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Page 43124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20593]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8949-9]
National Emission Standards for Hazardous Air Pollutants;
Announcement of EPA Letter Addressing Recent Court Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: On December 19, 2008, the United States Court of Appeals for
the District of Columbia Circuit (DC Circuit) vacated two provisions in
EPA's General Provisions Rule promulgated under section 112 of the
Clean Air Act that exempt sources from the requirement to comply with
otherwise applicable section 112(d) emission standards during periods
of startup, shutdown and malfunction. We are announcing the public
availability of a letter that EPA has issued addressing concerns that
have been raised regarding the impact of that decision if the mandate
effectuating the vacatur issues.
DATES: August 26, 2009, EPA announces the availability of EPA's letter
related to a recent court decision regarding 40 CFR 63.6(f)(1) and
(h)(1).
FOR FURTHER INFORMATION CONTACT: Mr. Charlie Garlow, U.S. EPA Office of
Enforcement and Compliance Assurance, Office of Civil Enforcement, Air
Enforcement Division (MAIL CODE 2242A), 1200 Pennsylvania Avenue,
Washington, DC 20460, telephone number (202) 564-1088, fax number (202)
564-0068, e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: EPA recently issued a letter, dated July 22,
2009, from Adam Kushner, Director, Office of Civil Enforcement, to
various parties that addresses concerns that have been raised regarding
the impact of the decision in Sierra Club v. EPA, 551 F.3d 1019 (DC
Cir. 2008). In that decision, the United States Court of Appeals for
the District of Columbia Circuit (DC Circuit) vacated 40 CFR 63.6(f)(1)
and (h)(1), which are two provisions in EPA's General Provisions Rule
promulgated under section 112 of the Clean Air Act that exempt sources
from the requirement to comply with otherwise applicable section 112(d)
emission standards during periods of startup, shutdown and malfunction.
Industry Intervenors appealed the December 2008 Sierra Club decision by
filing petitions for rehearing. On July 30, 2009, the DC Circuit denied
these petitions. On August 5, 2009, EPA filed a motion seeking a 60-day
stay of the mandate. On August 6, 2009, Industry Intervenors filed a
motion to stay the mandate pending their appeal of the decision to the
United States Supreme Court. Until the D.C. Circuit issues a mandate
effectuating the vacatur, 40 CFR 63.6(f)(1) and (h)(1) remain in
effect. EPA has posted a copy of the July 22, 2009 letter and a copy of
the Sierra Club decision on the EPA Office of Enforcement and
Compliance Assurance Web site at http://www.epa.gov/compliance/civil/caa/ssm.html. EPA has also included on the Web site a copy of relevant
pleadings in the Sierra Club litigation. EPA intends to update this Web
site as appropriate with additional information relating to the Sierra
Club decision.
Dated: August 14, 2009.
Cynthia Giles,
Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. E9-20593 Filed 8-25-09; 8:45 am]
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