[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Notices]
[Page 65980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27344]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7400-2]


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 Weyerhaeuser Company v. Whitman, et al., No. 
01-1122 (DC Circuit). This case concerns the final rule entitled 
``National Emission Standards for Hazardous Air Pollutants for Chemical 
Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone 
Semichemical Pulp Mills,'' published at 66 FR 3179 on January, 12, 
2001.

DATES: Written comments on the proposed settlement agreement must be 
received by November 29, 2002.

ADDRESSES: Written comments should be sent to Steven Silverman, Air and 
Radiation Law Office (2366A), 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.

SUPPLEMENTARY INFORMATION: EPA has promulgated a number of National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for the pulp 
and paper source category. This notice concerns the NESHAP for the 
chemical recovery combustion processes, whereby spent pulping liquors 
(so-called black liquor) are thermally regenerated for reuse in the 
pulping process. See 66 FR 3179 (January 12, 2001) (promulgating a new 
subpart MM to Part 63). The Weyerhaeuser Company filed a timely 
petition for review of portions of the rule dealing with emission 
standards for the sulfite process subcategory. Weyerhaeuser Company v. 
Whitman, et al., No. 01-1122 (DC Circuit).
    Weyerhaeuser 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 EPA to sign a proposed 
rule and/or a notice of direct final rulemaking no later than December 
1, 2002, incorporating certain amendments, and to take final action 
concerning these amendments no later than June 1, 2003.
    Under the settlement, EPA would propose (or issue a direct final 
rule subject to withdrawal in the event of significant adverse comment) 
revised standards applicable to a single sulfite process pulping mill 
located in Cosmopolis, Washington. This mill contains an apparently 
unique source involved in black liquor recovery (a so-called hog fuel 
dryer) which is not regulated under any of the Pulp and Paper NESHAPs, 
nor under any other NESHAP. The initial settlement would amend the rule 
to allow this mill to demonstrate compliance by controlling this 
emission source rather than controlling sources otherwise regulated 
under the rule. The company has submitted information to EPA (available 
in the docket to the rule) demonstrating persuasively that the 
projected level of control would remove more hazardous air pollutants 
of the same type (i.e. metal hazardous air pollutants, for which 
particulate matter is a surrogate) than would be controlled under the 
existing rule. The company also believes that it is more economical to 
control the hog fuel dryer than other emission points regulated under 
the existing rule. The initial settlement would not otherwise affect 
any of the standards in the promulgated rule, and would not alter that 
rule's compliance date (which would remain January 12, 2004).
    EPA believes that the compliance alternative contemplated in the 
initial settlement offers additional compliance flexibility and should 
result in greater emission control of hazardous air pollutants than the 
existing rule. The Agency thus believes that this is a reasonable 
settlement.
    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. 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: October 22, 2002.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-27344 Filed 10-28-02; 8:45 am]
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