[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60511-60512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20814]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7984-9]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement, to address petitions for review filed by 
the American Chemistry Council, the General Electric Company and the 
Coke Oven Environmental Task Force (collectively ``petitioners''). Stan 
Stephens, et al. v. EPA, Nos. 04-1112, 04-1117, 04-1118, and 04-1119 
(D.C. Cir.). In April 2004, petitioners filed petitions for review 
challenging the final EPA rule entitled ``National Emission Standards 
for Hazardous Air Pollutants: Organic Liquids Distribution (Non-
Gasoline); Final Rule'' (``OLD''). 69 FR 5038 (February 3, 2004). Under 
the terms of the proposed settlement agreement, EPA has agreed that: On 
or before October 31, 2005, the EPA Administrator will sign a notice of 
proposed rulemaking to amend the OLD as provided in Attachment A to the 
Settlement Agreement; As part of the proposed amendments to the OLD, 
EPA will include language in the preamble as provided in Attachment B 
to the Settlement Agreement; and within 180 days of the date the 
comment period on the proposed amendments closes, EPA will sign a 
notice of final rulemaking.

DATES: Written comments on the proposed settlement agreement must be 
received by November 17, 2005.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0014, online at http://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to [email protected]; mailed to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Wordperfect or ASCII file, avoiding the use of special 
characters and any form of encryption, and may be mailed to the mailing 
address above.

FOR FURTHER INFORMATION CONTACT: Mike Thrift, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
telephone: (202) 564-5596.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    This case concerns challenges to the rule entitled ``National 
Emission Standards for Hazardous Air Pollutants: Organic Liquids 
Distribution (Non-Gasoline); Final Rule'' (``OLD''). 69 FR 5038 
(February 3, 2004). These standards are based on the performance of 
Maximum Achievable Control Technology (MACT), and implement section 112 
(d) of the Clean Air Act.

[[Page 60512]]

Under the terms of the proposed settlement agreement, EPA has agreed 
that: (1) On or before October 31, 2005, the EPA Administrator will 
sign a notice of proposed rulemaking to amend the OLD as provided in 
Attachment A to the Settlement Agreement; (2) As part of the proposed 
amendments to the OLD, EPA will include language in the preamble as 
provided in Attachment B to the Settlement Agreement; (3) Within 180 
days of the date the comment period on the proposed amendments closes, 
EPA will sign a notice of final rulemaking.
    Petitioners have agreed to dismiss their petitions for review if 
EPA takes final action amending the OLD in a manner substantially the 
same as the amendments set forth in Attachment A and not substantially 
inconsistent with the language in Attachment B.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency 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.

II. Additional Information About Commenting on the Proposed Settlement

A. How Can I Get A Copy Of the Settlement?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2005-0014 which contains a copy of the settlement. 
The official public docket is available for public viewing at the 
Office of Environmental Information (OEI) Docket in the EPA Docket 
Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, 
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OEI Docket is (202) 566-1752.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or on paper, will be made available 
for public viewing in EPA's electronic public docket as EPA receives 
them and without change, unless the comment contains copyrighted 
material, CBI, or other information whose disclosure is restricted by 
statute. Information claimed as CBI and other information whose 
disclosure is restricted by statute is not included in the official 
public docket or in EPA's electronic public docket. EPA's policy is 
that copyrighted material, including copyrighted material contained in 
a public comment, will not be placed in EPA's electronic public docket 
but will be available only in printed, paper form in the official 
public docket. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the EPA Docket Center.

B. How and To Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an e-mail address or other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. 
The electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, e-mail address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(e-mail) system is not an ``anonymous access'' system. If you send an 
e-mail comment directly to the Docket without going through EPA's 
electronic public docket, your e-mail address is automatically captured 
and included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket.

    Dated: October 6, 2005.
Brenda Mallory,
Acting Principal Deputy General Counsel, Office of General Counsel.
[FR Doc. 05-20814 Filed 10-17-05; 8:45 am]
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