[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4433-4434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1592]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8766-7]


Proposed Settlement Agreement, Clean Air Petition for Review

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 (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed settlement agreement to address petitions for review 
filed by the Sierra Club, Desert Citizens Against Pollution, 
Downwinders At Risk, Friends of Hudson, Huron Environmental Activist 
League, Montanans Against Toxic Burning, the Portland Cement 
Association, the State of New York, the State of Connecticut, the State 
of Delaware, the State of Illinois, the State of Maryland, the 
Commonwealth of Massachusetts, the State of Michigan Department of 
Environmental Quality, the State of New Jersey, and the Commonwealth of 
Pennsylvania Department of Environmental Protection (collectively 
``Petitioners'') in the U.S. Court of Appeals for the District of 
Columbia Circuit. Portland Cement Association v. United States 
Environmental Protection Agency, No. 07-1046 and consolidated Nos. 07-
1048, 07-1049, and 07-1052. The various petitions for review challenge 
an EPA rule entitled ``National Emission Standards for Hazardous Air 
Pollutants from the Portland Cement Manufacturing Industry,'' published 
at 71 FR 76518 (Dec. 20, 2006) (``2006 Rule''). EPA has negotiated a 
proposed settlement agreement with the petitioners. Under the terms of 
the proposed settlement agreement, EPA has agreed to sign a notice of 
proposed rulemaking described in paragraph 1 of the agreement no later 
than March 31, 2009. EPA has agreed to take final action concerning the 
notice of proposed rulemaking described in paragraph 1 of the agreement 
no later than March 31, 2010.

DATES: Written comments on the proposed settlement agreement must be 
received by February 25, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0026, online at http://www.regulations.gov (EPA's preferred 
method); by e-mail to [email protected]; by mail 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 3334, 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 Word 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: Steven Silverman, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5523; fax number (202) 564-5653; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 4434]]

I. Additional Information About the Proposed Settlement Agreement

    On December 20, 2006, EPA issued the 2006 Rule which establishes 
emission standards pursuant to section 112(d) of the Act for mercury 
and total hydrocarbons from new and existing Portland cement kilns. The 
2006 Rule does not establish further controls for hydrogen chloride 
(``HCI'') emissions because EPA concluded that present controls on 
Portland cement kilns' emissions of HCI are already protective of human 
health with an ample margin of safety. Petitions for review of this 
rule were filed in the District of Columbia Circuit by a large number 
of entities including representatives of the regulated industry, 
States, and environmental groups. These petitions have been 
consolidated for purposes of judicial review but further litigation has 
been held in abeyance by court order.
    In March 2007, EPA granted Sierra Club's administrative petition to 
reconsider the standards for mercury and total hydrocarbons, the 
decision that no further controls for HCI are required, and the 
decision not to set beyond-the-floor standards for mercury or for total 
hydrocarbons. EPA had itself already granted reconsideration sua sponte 
of the new source standard for mercury. 71 FR 76553 (Dec. 20, 2006).
    EPA has negotiated a proposed settlement agreement with the various 
petitioners. Under the proposed settlement agreement, EPA agrees that 
it will prepare a notice of proposed rulemaking which will address all 
the issues raised in Sierra Club's petition for reconsideration. This 
notice is to be signed no later than March 31, 2009, EPA is to take 
final action concerning the notice of proposed rulemaking no later than 
March 31, 2010. The sole remedy under the proposed settlement agreement 
should EPA fail to propose or take final action by these dates is for 
any of the petitioners to withdraw their consent to any order of the DC 
Circuit Court of Appeals holding the litigation in abeyance and to move 
the court to vacate any such order.
    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 are not parties or 
intervenors to the litigation. EPA or the Department of Justice may 
withdraw or withhold consent to the proposed 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 
determines, 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 
Agreement

A. How Can I Get a Copy of the Settlement Agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2009-0026) contains a copy of the proposed settlement 
agreement. 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 3334, 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 
http://www.regulations.gov. You may use the http://www.regulations.gov 
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 in paper, will be made available 
for public viewing online at http://www.regulations.gov 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 the 
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.
    Use of the http://www.regulations.gov Web site 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 http://www.regulations.gov, 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: January 16, 2009.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E9-1592 Filed 1-23-09; 8:45 am]
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