[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Notices]
[Page 52424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22051]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 6857-8]


Proposed Settlement Agreement, Clean Air Act Petitions for Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement providing for 
rulemaking to amend regulation issued pursuant to Clean Air Act Title 
IV.

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SUMMARY: EPA hereby gives notice of a proposed settlement agreement in 
the case entitled Zinc Corporation of America v. EPA, No. 97-1734 
(consolidated with 98-1562) (D.C. Cir.). EPA issues this notice in 
accordance with section 113(g) of the Clean Air Act, as amended (the 
``Act''), 42 U.S.C. 7413(g), which requires EPA to give notice and 
provide an opportunity for public comment on proposed settlement 
agreements.
    The litigation challenges EPA's promulgation of two final rules 
under Title IV of the Act pertaining to control of acid rain. See 62 FR 
55460 (Oct. 24, 1997); 63 FR 51705 (Sept. 28, 1998). Zinc Corporation 
of America (``Zinc'') filed two separate petitions for review of these 
EPA rules under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1). The 
litigation concerns, among other things, EPA's creation of an exemption 
from certain requirements under Title IV for ``industrial utility-
units.'' The proposed Settlement Agreement provides that EPA will 
undertake a rulemaking to eliminate the ``industrial utility-units'' 
exemption under 40 CFR 72.14. That exemption provides that certain 
units that are not cogeneration units and that generate only small 
amounts of electricity for sale could seek an exemption from many acid 
rain program requirements. In the absence of the exception, the status 
of such units will be determined by whether they meet the definition of 
``utility unit'' or industrial source'' under Title IV.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will accept written comments relating to the 
proposed Settlement Agreement from persons who are not named as parties 
or interveners to this litigation. EPA or the Department of Justice may 
withhold or withdraw consent to the proposed Settlement Agreement if 
the comments disclose facts or circumstances that indicate that the 
agreement is inappropriate, improper, inadequate, or inconsistent with 
the requirements of the Act. Unless EPA or the Department of Justice 
makes such a determination following the comment period, EPA will take 
the actions set forth in the Settlement Agreement.
    A copy of the proposed Settlement Agreement is available from 
Phyllis Cochran, Air and radiation Law Office (2344A), Office of 
General Counsel, U.S. Environmental Protection Agency, Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 
546+5566. Written comments should be sent to Geoffrey L. Wilcox, Esq., 
at the above address and must be submitted on or before September 28, 
2000.

    Dated: August 23, 2000.
Anna Wolgast,
General Counsel.
[FR Doc. 00-22051 Filed 8-28-00; 8:45 am]
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