[Federal Register Volume 67, Number 23 (Monday, February 4, 2002)]
[Notices]
[Pages 5116-5117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2609]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7137-5]


Proposed Settlement Agreement, Clean Air Act Petition for Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement providing for 
rulemaking to amend regulations issued pursuant to section 112(d) of 
the Clean Air Act.

-----------------------------------------------------------------------

SUMMARY: EPA hereby gives notice of a proposed settlement agreement in 
the cases entitled American Crop Prot. Ass'n v. EPA, No. 99-1332 and 
BASF Corp. v. EPA, No 99-1334 (D.C. Cir.). EPA issues this notice in 
accordance with section 113(g) of the Clean Air Act (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 the final rule 
entitled National Emissions Standards for Hazardous Air Pollutants: 
Pesticide Active Ingredient Production (``PAI NESHAP'' or the 
``rule''). 64 FR 33550 (June 23, 1999). Petitioners the American Crop 
Protection Association and BASF Corp. filed petitions for review of the 
rule under section 307(b) of the Act, 42 U.S.C. 7607(b).
    The proposed Settlement Agreement provides that EPA will undertake 
a rulemaking to amend the PAI NESHAP. Among the rulemaking commitments, 
the Settlement Agreement calls for EPA to clarify applicability of the 
rule to ``reconstructed'' sources, make technical corrections to 
performance testing requirements, and amend standards and applicability 
provisions related to wastewater units and storage tanks covered by the 
rule. 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) 
564-5566.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will accept written comments regarding the proposed 
Settlement Agreement from persons who are not named as parties or 
intervenors to this litigation. Written comments should be sent to Paul 
R. Cort, at the above address and must be submitted on or before March 
6, 2002.

[[Page 5117]]

    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 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.

    Dated: January 29, 2002.
Alan W. Eckert,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-2609 Filed 2-1-02; 8:45 am]
BILLING CODE 6560-50-P