[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Notices]
[Page 54804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21674]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7268-4]


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 Sierra Club v. U.S. Environmental Protection 
Agency, No. 02-1135 (D.C. Circuit). This case concerns the final rule 
entitled ``National Emission Standard for Hazardous Air Pollutants for 
Source Categories: General Provisions; and Requirements for Control 
Technology Determinations for Major Sources in Accordance with Clean 
Air Act section 112(g) and 112(j),'' published at 67 FR 16582 on April 
5, 2002. The proposed settlement agreement was lodged with the United 
States Court of Appeals for the District of Columbia Circuit on August 
15, 2002.

DATES: Written comments on the proposed settlement agreement must be 
received by September 25, 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 August 15, 2002.

SUPPLEMENTARY INFORMATION: EPA promulgated a final rule amending the 
MACT General Provisions, 40 CFR part 63, subpart A, and the 
requirements for case-by-case determinations under Clean Air Act 
section 112(j), 40 CFR 63.50-63.56, on April 5, 2002. 67 FR 16582. The 
Sierra Club filed a petition seeking judicial review of this final rule 
on April 25, 2002. Sierra Club v. U.S. Environmental Protection Agency, 
No. 02-1135 (D.C. Circuit). On June 4, 2002, Sierra Club also filed a 
petition seeking administrative reconsideration of certain provisions 
in the final rule, pursuant to Clean Air Act section 307(d)(7)(B).
    Sierra Club and EPA have now reached initial agreement on a 
settlement of the case which could lead to the voluntary dismissal of 
the petition for review. The settlement requires the EPA Administrator 
to sign a proposed rule incorporating certain amendments no later than 
two months after the date the settlement was signed by counsel for the 
parties and lodged with the court. The settlement also requires the EPA 
Administrator to take final action concerning the proposed rule within 
seven months from the date of signature and lodging.
    Under the settlement, EPA will propose to reduce the time period 
between submission of part 1 applications under Clean Air Act section 
112(j), and submission of the more detailed part 2 application, from 24 
months to 12 months. EPA originally proposed a time period of 6 months 
between the two parts. In view of the current schedule for promulgation 
of remaining MACT standards, EPA anticipates that the one year period 
will permit proposed MACT standards to be issued prior to the part 2 
applications, thereby reducing the burden associated with preparation 
of the part 2 applications. EPA also anticipates that the one year 
period should be sufficient to prevent any need for actual issuance of 
case-by-case determinations under section 112(j) for all or virtually 
all affected source categories.
    The settlement also requires that EPA propose certain amendments to 
the section in the MACT General Provisions which governs preparation of 
Startup, Shutdown, and Malfunction (SSM) plans, 40 CFR 63.6(e). EPA 
considers these changes to be modest in nature and consistent with the 
policies concerning these SSM plans described in the preamble of the 
original proposal.
    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. Although the comment opportunity 
required by section 113(g) is only mandatory with respect to persons 
who are not named as parties or interveners in the case in question, 
EPA does not believe it would be appropriate in this instance to 
exclude comment by those parties who have requested and been granted 
intervention in the Sierra Club case, or by those parties who have 
submitted petitions concerning the same rulemaking in consolidated 
cases. Unlike a consent degree or court-ordered settlement, no action 
by the Court is required to execute the settlement agreement in this 
case. Therefore, EPA will exercise its discretion to accept comment on 
the settlement agreement from all interested persons.
    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: August 16, 2002.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-21674 Filed 8-23-02; 8:45 am]
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