[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Pages 56194-56196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23273]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9462-9]


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 Allied 
Energy Company, Gladieux Trading and Marketing, Insight Equity 
Acquisition Partners, LP, Liquidtitan, LLC and Seaport Refining and 
Environmental, LLC (``Petitioners''), in the United States Court of 
Appeals for the District of Columbia Circuit: Allied Energy Company, et 
al v. EPA, No. 10-1146 (D.C. Cir.). Petitioners filed a petition for 
review respecting one issue in an EPA rule that, among other things, 
beginning in June, 2014, forbade the production of diesel fuel that 
contains up to 500 parts per million (ppm) sulfur for use in older 
technology locomotive and marine engines. Under the terms of the 
proposed settlement agreement, EPA anticipates that, by December 31, 
2011, it will sign a notice of proposed rulemaking that includes a 
proposal to allow the continued production of diesel fuel that contains 
up to 500 parts per million (ppm) sulfur, produced from transmix, for 
use in older technology locomotive and marine engines outside

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of the Northeast Mid-Atlantic area during and after 2014.

DATES: Written comments on the proposed settlement agreement must be 
received by October 12, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0756, 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: Michael Horowitz, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5583; 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 potentially resolve a 
petition for judicial review filed by Petitioners for review of a rule 
promulgating standards for the control of emissions from new ocean-
going marine vessels (``Control of Emissions from New Marine 
Compression-Ignition Engines At or Above 30 Liters Per Cylinder,'' 75 
FR 22896, April 30, 2010.) One of the actions taken in that rule 
forbade the production of diesel fuel that contains up to 500 ppm 
sulfur for use in older technology locomotive and marine engines, 
beginning June 1, 2014, because a new stream of diesel, that contained 
up to 1000 ppm sulfur, for use in ocean-going vessels, was being 
introduced at that time.
    Petitioners filed petitions for review and administrative 
reconsideration regarding this action. Discussions with Petitioners 
indicates that the stream of diesel fuel available to ocean-going 
vessels is subject to different distribution than locomotive fuel and 
that it is not therefore a substitute for the stream of 500 ppm 
locomotive and marine fuel that was eliminated.
    Under the terms of the proposed settlement agreement, EPA states 
that it anticipates that, by December 31, 2011, it will sign a notice 
of proposed rulemaking that includes a proposal to revise these 
provisions to allow the continued production of diesel fuel that 
contains up to 500 ppm sulfur from transmix for use in older technology 
locomotive and marine engines during and after 2014. EPA would propose 
to limit the use of such 500 ppm fuel to outside of the Northeast Mid-
Atlantic area and would propose provisions to ensure it is segregated 
from the point of production to the end-user. EPA states that it 
further anticipates taking final action, which may include signature of 
a final rule by the Administrator of EPA, on the proposal by September 
30, 2012. Under the proposed settlement agreement, if EPA fails to sign 
the proposal by March 15, 2012, or to take final action on the proposal 
by December 15, 2012, Petitioners may move the Court to lift the order 
holding the matter in abeyance and issue a briefing schedule. EPA will 
not oppose such a motion in such circumstances. In addition, EPA will 
not oppose any motion by Petitioners to expedite proceedings. 
Petitioners shall have no further remedy under the agreement.
    Under the proposed settlement agreement, if the relevant provisions 
of the final rule are in substantial conformance with the revisions in 
the proposed agreement, then Petitioners agree to the dismissal of the 
petition for review.
    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-2011-0756) 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

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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: September 6, 2011.
Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-23273 Filed 9-9-11; 8:45 am]
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