[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Pages 31273-31274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15418]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8924-8]


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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement to address a lawsuit filed by the 
Alliance of Automobile Manufacturers (``Alliance'') in the United 
States Court of Appeals for the District of Columbia Circuit: Alliance 
of Automobile Manufacturers v. EPA, No. 08-1109 (DC Cir.). On or about 
March 10, 2008, the Alliance filed a petition for review challenging 
regulations promulgated by EPA in a final rule entitled ``National 
Emission Standards for Hazardous Air Pollutants for Source Categories: 
Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline 
Facilities, and Gasoline Dispensing Facilities,'' 73 FR 1916 (Jan. 10, 
2008), published at 40 CFR part 63, subparts BBBBBB and CCCCCC (the 
``Gasoline Distribution NESHAP''). Under the terms of the proposed 
settlement agreement, EPA will sign and submit for publication in the 
Federal Register a notice of proposed rulemaking to amend the Gasoline 
Distribution NESHAP that contains amendments that are substantially the 
same in substance as set forth in Attachment A to this Agreement as 
expeditiously as practicable after entry of this Agreement. If EPA 
signs and submits for publication in the Federal Register a notice of 
final rulemaking to amend the Gasoline Distribution NESHAP that 
contains amendments that are substantially the same in substance as set 
forth in Attachment A to this Agreement, the Alliance and EPA will file 
a joint motion for dismissal with prejudice in accordance with Rule 
42(b) of the Federal Rules of Appellate Procedure.

DATES: Written comments on the proposed settlement agreement must be 
received by July 30, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0471, 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: Susan Stahle, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1272; fax number (202) 564-5603; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    This proposed settlement agreement would resolve a petition for 
review filed by the Alliance challenging regulations promulgated by EPA 
in a final rule entitled ``National Emission Standards for Hazardous 
Air Pollutants for Source Categories: Gasoline Distribution Bulk 
Terminals, Bulk Plants, and Pipeline Facilities, and Gasoline 
Dispensing Facilities,'' 73 FR 1916 (Jan. 10, 2008), published at 40 
CFR part 63, subparts BBBBBB and CCCCCC (the ``Gasoline Distribution 
NESHAP''). Specifically, the Alliance challenged the Gasoline 
Distribution NESHAP by raising three issues regarding: (1) Allegedly 
duplicative requirements under

[[Page 31274]]

Subparts BBBBBB and CCCCCC; (2) application of the Gasoline 
Distribution NESHAP to engine testing facilities; and (3) application 
of the Gasoline Distribution NESHAP to tanks solely used to fuel 
emergency generators and fire pumps. Under the terms of the proposed 
settlement agreement, EPA will sign and submit for publication in the 
Federal Register a notice of proposed rulemaking to amend the Gasoline 
Distribution NESHAP that contains amendments that are substantially the 
same in substance as set forth in Attachment A to this Agreement as 
expeditiously as practicable after entry of this Agreement. If EPA 
signs and submits for publication in the Federal Register a notice of 
final rulemaking to amend the Gasoline Distribution NESHAP that 
contains amendments that are substantially the same in substance as set 
forth in Attachment A to this Agreement, the Alliance and EPA will file 
a joint motion for dismissal with prejudice in accordance with Rule 
42(b) of the Federal Rules of Appellate Procedure.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties or intervenors 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 determines, based on any comment submitted, that 
consent to this 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-2009-0471) 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: June 24, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-15418 Filed 6-29-09; 8:45 am]
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