[Federal Register Volume 67, Number 43 (Tuesday, March 5, 2002)]
[Notices]
[Pages 9972-9973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5189]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7152-2]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency.

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, 42 U.S.C. 7413(g), notice is hereby given of a proposed 
settlement agreement in American Foundrymen's Society, et al. v. EPA, 
No. 00-1208 (D.C. Circuit). This case concerns the National Emission 
Standard for Hazardous Air Pollutants for Secondary Aluminum 
Production, 40 CFR part 63, subpart RRR, published at 65 FR 15710 on 
March 23, 2000. The proposed settlement agreement was lodged with the 
United States Court of Appeals for the District of Columbia Circuit on 
January 11, 2002.

DATES: Written comments on the proposed settlement agreement must be 
received by April 4, 2002.

ADDRESSES: Written comments should be sent to Timothy D. Backstrom, Air 
and Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, 
Washington, DC 20460. A copy of the proposed settlement agreement is 
available from Phyllis J. Cochran, (202) 564-7606. A copy of the 
proposed settlement agreement was also lodged in the case with the 
Clerk of the United States Court of Appeals for the District of 
Columbia Circuit on January 11, 2002.

SUPPLEMENTARY INFORMATION: EPA promulgated the National Emission 
Standard for Hazardous Air Pollutants for Secondary Aluminum 
Production, 40 CFR part 63, subpart RRR, on March 23, 2000. 65 FR 
15170. Because aluminum die casters and aluminum foundries may conduct 
some of the same operations as other secondary aluminum producers, 
Subpart RRR was intended to apply to those die casters and foundries 
which conduct such operations.
    During the original rulemaking, representatives of the aluminum die 
casters and foundries argued that they are not really secondary 
aluminum producers and should therefore be wholly exempt from the rule. 
In response, EPA agreed that not all die casters and foundries engage 
in secondary aluminum operations, and that those who do not should not 
be subject to the rule. EPA also agreed during the rulemaking to permit 
die casters and foundries to melt contaminated internal scrap without 
thereby becoming subject to the standard. However, industry 
representatives insisted that too many facilities would remain subject 
to the standard. Immediately prior to promulgation, EPA agreed that it 
would withdraw Subpart RRR as applied to aluminum die casters and 
foundries and develop a separate MACT standard for these facilities.
    After promulgation of the rule, the Petitioners the American 
Foundrymen's Society, the North American Die Casting Association, and 
the Non-Ferrous Founders' Society (``Petitioners'') petitioned for 
judicial review. The parties then negotiated an initial settlement 
agreement establishing a process to effectuate the commitment by EPA to 
develop a new MACT standard for these facilities, which was lodged with 
the D.C. Circuit on July 31, 2000. In that first settlement, EPA agreed 
that it would stay the current standard for these facilities, collect 
comprehensive data to support an alternate standard, and then 
promulgate an alternate standard. However, while collecting information 
to support the new standard, the parties began exploring the 
possibility of a new settlement agreement which would be based instead 
on amendments of the current standard.
    In the new settlement, EPA has agreed to propose changes in the 
present standard which would permit customer returns to be treated as 
internal scrap, and would permit facilities operated by the same 
company at different locations to be aggregated for purposes of 
determining what is internal scrap. Some other technical changes 
intended to eliminate potential anomalies in applicability 
determinations will also be proposed. The settlement requires the EPA 
Administrator to sign a proposed rule incorporating these changes by 
May

[[Page 9973]]

10, 2002, and to take final administrative action concerning that 
proposal by December 13, 2002.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will receive written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties or interveners 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 determine, 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.

    Dated: February 22, 2002.
Alan W. Eckert,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-5189 Filed 3-4-02; 8:45 am]
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