[Federal Register Volume 67, Number 56 (Friday, March 22, 2002)]
[Notices]
[Page 13326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6999]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7162-4]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

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 General Electric Company v. United States 
Environmental Protection Agency, No. 99-1353 (D.C. Circuit). This case 
concerns the National Emission Standard for Hazardous Air Pollutants 
for Source Categories: Generic MACT Standards, 40 CFR part 63, subpart 
YY, published at 64 FR 34921 on June 29, 1999. The proposed settlement 
agreement was lodged with the United States Court of Appeals for the 
District of Columbia Circuit on March 13, 2002.

DATES: Written comments on the proposed settlement agreement must be 
received by April 22, 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 March 13, 2002.

SUPPLEMENTARY INFORMATION: EPA promulgated the National Emission 
Standard for Hazardous Air Pollutants for Source Categories: Generic 
MACT Standards, 40 CFR part 63, subpart YY, on June 29, 1999 (64 FR 
34921). Thereafter Petitioner the General Electric Company (``GE'') 
filed a timely petition for review, citing an issue concerning the 
recordkeeping provision in 40 CFR 63.1109(c). Thereafter, GE raised 
additional issues pertaining to the definition of ``process vent'' in 
40 CFR 63.1101, which EPA concluded could only be properly resolved in 
conjunction with related issues being considered with respect to some 
other MACT standards. The parties have now reached agreement on 
appropriate revisions to each of these provisions, and on some 
additional minor corrections as well.
    The settlement requires the EPA Administrator to sign a proposed 
rule incorporating these changes no later than three months after the 
date the settlement was signed by counsel for the parties. Because EPA 
believes the proposed amendments are not controversial and are unlikely 
to elicit adverse comment, and because relatively little time remains 
before the compliance date for the affected standards, EPA expects to 
utilize a direct final rule, which will become final 60 days after 
publication if no adverse comments are received.
    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: March 14, 2002.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-6999 Filed 3-21-02; 8:45 am]
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