[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Notices]
[Pages 37397-37399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15212]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9691-2]


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, as 
amended

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(``Act''), notice is hereby given of a proposed settlement agreement to 
address a consolidated set of petitions for review filed by several 
parties in the United States Court of Appeals for the District of 
Columbia Circuit. Petitioners filed these petitions for review of an 
EPA rule that revised the National Emission Standards for Hazardous Air 
Pollutants for Reciprocating Internal Combustion Engines (the RICE 
NESHAP). Under the terms of the proposed settlement agreement, EPA 
agrees that by May 22, 2012, the Agency will sign a notice of proposed 
rulemaking that includes a proposal to revise the RICE NESHAP: (1) To 
require management practices for owners and operators of remote 
existing non-emergency spark-ignition 4-stroke engines above 500 
horsepower located at area sources, and (2) to require owners and 
operators of such engines that are not located in remote areas to meet 
an equipment standard requiring installation of a catalyst to reduce 
emissions of hazardous air pollutants (HAP) and to conduct initial and 
annual testing. The notice for proposed rulemaking contemplated in the 
settlement agreement has already been signed. Further, under the 
agreement, if EPA signs a notice of final action no later than December 
14, 2012, that promulgates in final form regulatory text that amends 
the RICE NESHAP and that implements substantially the same substance as 
set forth in Attachment A to the agreement, then Petitioners shall 
promptly file a stipulation of dismissal of the petitions for review.

DATES: Written comments on the proposed settlement agreement must be 
received by July 23, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0460, online at www.regulations.gov (EPA's preferred method); 
by email 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; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    This proposed settlement agreement would potentially resolve 
petitions for judicial review filed in the U.S. Court of Appeals for 
the District of Columbia Circuit by the following petitioners: American 
Petroleum Institute (Doc. No. 10-1334); the Gas Processors Association 
(Doc. No. 10-1335); the Interstate Natural Gas Association of America 
(Doc No. 10-1337); and Exterran Energy Solutions, L.P., et al., (Doc. 
No. 10-1338) (collectively referred to as ``Petitioners''). Petitioners 
seek review of a rule promulgating standards that revised the National 
Emission Standards for Hazardous Air Pollutants for Reciprocating 
Internal Combustion Engines (the RICE NESHAP), 75 FR 51570 (Aug. 20, 
2010).
    Petitioners filed petitions for judicial review regarding several 
provisions of the final rule. Under the terms of the proposed 
settlement agreement, EPA states that it anticipates that, by May 22, 
2012, the Agency will sign a notice of proposed rulemaking that 
includes a proposal to revise the RICE NESHAP: (1) To require 
management practices for owners and operators of remote existing non-
emergency spark-ignition 4-stroke engines above 500 horsepower located 
at area sources, and (2) to require owners and operators of such 
engines that are not located in a remote location to meet an equipment 
standard requiring installation of a catalyst to reduce emissions of 
HAP and to conduct initial and annual testing. The notice for proposed 
rulemaking contemplated in the settlement agreement has already been 
signed and is available on the Agency's Web site. http://www.epa.gov/ttn/oarpg/t3/fr_notices/rice_neshap_recon_prop_052212.pdf.
    Further, under the agreement, if EPA signs a notice of final action 
no later than December 14, 2012, that promulgates in final form 
regulatory text that amends the RICE NESHAP and implements 
substantially the same substance as set forth in Attachment A to the 
agreement, then Petitioners shall promptly file a stipulation of 
dismissal of the petitions for review. Under the proposed settlement 
agreement, if EPA does not take action in accordance with the terms of 
the agreement, the Petitioners' sole remedy under the agreement is the 
right to request that the Court lift the stay of proceedings and 
continue with the adjudication of Petitioners' challenge of the RICE 
NESHAP rule. Petitioners have no further remedy under the agreement.
    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-2012-0460) 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 
www.regulations.gov. You may use the 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 www.regulations.gov

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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 email 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 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, email 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 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email 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 14, 2012.
Lorie Schmidt,
Associate General Counsel.
[FR Doc. 2012-15212 Filed 6-20-12; 8:45 am]
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