[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82390-82392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32929]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9246-2]


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, 42 
U.S.C. 7413(g), notice is hereby given of a proposed settlement 
agreement to address lawsuits filed by the following groups of 
Petitioners: (1) The States of New York, California, Connecticut, 
Delaware, Maine, New Hampshire, New Mexico, Oregon, Rhode Island, 
Vermont, and Washington, the Commonwealth of Massachusetts, the 
District of Columbia, and the City of New York (collectively ``State 
Petitioners''); and (2) Natural Resources Defense Council, Sierra Club, 
and Environmental Integrity Project (collectively ``Environmental 
Petitioners''). State and Environmental Petitioners filed their 
lawsuits in the United States Court of Appeals for the District of 
Columbia Circuit, which were consolidated under the lead case American 
Petroleum Institute, et al. v. EPA, No. 08-1277 (DC Cir.). Petitioners 
filed petitions for review of EPA's final rule entitled ``Standards of 
Performance for Petroleum Refineries,'' published at 73 FR 35838 (June 
24, 2008). The proposed settlement agreement establishes deadlines for 
EPA's proposed and final actions for meeting its obligations in the 
agreement.

DATES: Written comments on the proposed settlement agreement must be 
received by January 31, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-1045, 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.

[[Page 82391]]


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

    The State and Environmental Petitioners filed petitions for 
judicial review of the final rule promulgated under the Clean Air Act 
(``CAA'') section 111, 42 U.S.C. 7411, entitled, ``Standards of 
Performance for Petroleum Refineries, Final Rule,'' published at 73 FR 
35838 (June 24, 2008). These petitions for review currently are pending 
before the U.S. Court of Appeals for the District of Columbia Circuit 
in consolidated cases under the lead case American Petroleum Institute, 
et al. v. EPA, No. 08-1277. The Final Rule includes amendments to the 
current standards of performance (40 CFR part 60, subpart J) and 
separate standards of performance for new process units (40 CFR part 
60, subpart Ja) at petroleum refineries. In connection with this Final 
Rule, EPA declined to establish standards of performance for greenhouse 
gas emissions (``GHGs'').
    The Environmental Petitioners also filed a petition for 
administrative reconsideration pursuant to CAA section 307(d)(7)(B), 42 
U.S.C. 7607(d)(7)(B), and EPA granted reconsideration with respect to 
some of the issues raised in that petition for reconsideration. 73 FR 
55751 (Sept. 26, 2008). On December 22, 2008, EPA published a proposed 
rule concerning issues that were raised in the Environmental 
Petitioners' administrative petition for reconsideration. 73 FR 78522 
(Dec. 22, 2008). On December 29, 2009, EPA granted reconsideration of 
all remaining issues that were raised in the petitions for 
administrative reconsideration, including the failure to regulate GHGs.
    Under the terms of the proposed settlement agreement, within 3 
business days after this Settlement Agreement is executed, the Parties 
shall file a joint motion with the Court notifying it of this agreement 
and requesting that the Petitioners' petitions for review be held in 
abeyance pending completion of the process under CAA section 113(g) as 
set forth in the agreement. Also pursuant to the proposed settlement 
agreement, EPA shall sign a proposed rule by December 10, 2011, that 
includes at a minimum, the following: (A) Standards of performance for 
GHGs pursuant to CAA section 111(b), 42 U.S.C. 7411(b), for affected 
facilities at refineries that are subject to the following NSPS: (1) 
Subparts J and Ja, (2) subpart Db, (3) subpart Dc, (4) subpart GGG, and 
(5) subpart QQQ, and emissions guidelines for GHGs pursuant to CAA 
section 111(d), 42 U.S.C. 7411(d), and 40 CFR 60.22, from existing 
affected facilities at refineries in the source categories covered by 
those NSPS subparts; (B) a review of the emission standards set forth 
in 40 CFR Part 63, subpart UUU, pursuant to CAA sections 112(d)(6) and 
(f)(2), 42 U.S.C. 7412(d)(6) and (f)(2); and (C) a resolution of all 
other issues raised in Environmental Petitioners' August 25, 2008 
petition for administrative reconsideration. EPA shall sign a final 
rule by November 10, 2012, that includes final determinations with 
regard to each of the elements in the proposed rule. If EPA fulfills 
its obligations, the State and Environmental Petitioners shall, no 
later than 5 business days after the date on which that final rule 
takes effect, file an appropriate pleading seeking the dismissal of 
Petitions for Review Nos. 08-1279 and 08-1281, 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 are 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 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-2010-1045) 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, key in the appropriate docket identification number then select 
``search''.
    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

[[Page 82392]]

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: December 23, 2010.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2010-32929 Filed 12-29-10; 8:45 am]
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