[Federal Register: July 20, 2010 (Volume 75, Number 138)]
[Notices]
[Page 42085-42087]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy10-47]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9176-9]
Proposed Settlement Agreements, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Settlement Agreements; Request for Public
Comment
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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby
given of six proposed settlement agreements to address lawsuits filed
by the American Chemistry Council, the American Public Gas Association,
the American Petroleum Institute, et al., the Energy Recovery Council,
the Fertilizer Institute, and the Utility Air Regulatory Group
(collectively ``Petitioners'') in the United States Court of Appeals
for the District of Columbia: American Chemistry Council v. EPA, No.
09-1325 (D.C. Cir.) and consolidated cases. Petitioners filed petitions
for review of EPA's final rule entitled ``Mandatory Reporting of
Greenhouse Gases'', published at 75 FR 56,260 (October 30, 2009). Under
the terms of the proposed settlement agreements, Petitioners would
dismiss their claims if EPA proposes and, after notice and comment,
takes final action on certain revisions to the final rule.
DATES: Written comments on the proposed settlement agreements must be
received by August 19, 2010.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0575, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to oei.docket@epa.gov; by mail 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: Carol Holmes, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-8709; fax number (202) 564-5603; email
address:holmes.carol@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement Agreements
On September 22, 2009, EPA finalized the first comprehensive
reporting
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program for greenhouse gases (``GHGs'') under the Clean Air Act
(``CAA'' or ``the Act''). 75 FR 56,260 (October 30, 2009) (``2009 Final
GHG Reporting Rule''). The 2009 Final GHG Reporting Rule requires
reporting of greenhouse gas emissions from large sources and suppliers
in the United States, and is intended to collect accurate and timely
emissions data to inform future policy decisions. Under the rule,
suppliers of fossil fuels or industrial greenhouse gases, manufacturers
of vehicles and engines, and facilities that emit 25,000 metric tons or
more per year of GHG emissions are required to submit annual reports to
EPA. The rule became effective December 29, 2009.
Eight petitions for review were filed in the DC Circuit challenging
the 2009 Final GHG Reporting Rule: American Chemistry Council (09-
1325); Energy Recovery Council (09-1326); American Petroleum Institute
and National Petroleum Refiners Association (09-1328); The Fertilizer
Institute (09-1329); American Public Gas Association (09-1331); Kinder
Morgan CO2 Co., LP (09-1332); Utility Air Regulatory Group (09-1333);
and Environmental Defense Fund (09-1334). Five petitioners or groups of
petitioners also filed petitions for reconsideration of the 2009 Final
GHG Reporting Rule (American Public Gas Association; American Petroleum
Institute, et al.; the Energy Recovery Council; the Utility Air
Regulatory Group; and the Environmental Defense Fund). Both the
petitions for review in the DC Circuit, and the petitions for
reconsideration, raise issues with the final requirements of the 2009
Final GHG Reporting Rule. Upon EPA's motion, on February 22, 2010, the
court issued an order holding the consolidated cases in abeyance
pending EPA's consideration of the petitions for reconsideration and
the parties' settlement discussions.
Under the proposed settlement agreements being noticed today, five
petitions for review would be dismissed in their entirety, and one
dismissed in part, if EPA proposes and finalizes certain revisions to
the 2009 Final GHG Reporting Rule. The administrative petitions filed
by the settling parties also would be deemed withdrawn under the terms
of the proposed settlement agreements. Two petitions for review--that
of the Environmental Defense Fund and that of Kinder Morgan CO2 Co.,
LP--would not be settled at this time. Rather, these petitions would
continue to be held in abeyance, pending further settlement discussions
or action by EPA that renders the petition(s) moot.
Pursuant to the proposed settlement agreements, EPA would be
proposing and taking final action on four primary categories of changes
to the 2009 Final GHG Reporting Rule: (1) Revising the applicability
threshold for one source category; (2) revising the threshold for more
stringent monitoring for one type of combustion source; (3) providing
an option to request the continued use of best available monitoring
methods until 2015 if, at a complex facility, a shutdown or hot tap is
required to install measurement equipment; and (4) generally revising
monitoring, recordkeeping and reporting requirements in various
subparts.
For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed settlement agreements 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 agreements 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 submitted, that
consent to these settlement agreements should be withdrawn, the terms
of the agreements will be affirmed.
II. Additional Information About Commenting on the Proposed Settlement
Agreements
A. How can I get a copy of the settlement agreements?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2010-0575) contains copies of the proposed settlement
agreements. 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
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, key in the appropriate docket identification number then select
``search''.
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 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,
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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: July 14, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-17700 Filed 7-19-10; 8:45 am]
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