

[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Notices]               
[Page 61771-61772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc06-92]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8232-4]

 
Proposed Settlement Agreement, Clean Air Act Citizen Suit

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 Natural 
Resources Defense Council, Environmental Defense, Montana Environmental 
Information Center, American Lung Association of Metropolitan Chicago, 
Ohio Environmental Council, Valley Watch, Inc., and Sierra Club 
(collectively ``Petitioners'') in the United States Court of Appeal for 
the District of Columbia Circuit: Natural Resources Defense Council v. 
EPA, No. 06-1059 (consolidated with Nos. 06-1062 and 06-1063) (DC 
Cir.). Petitioners requested judicial review of a December 13, 2005 
letter sent by the Director of EPA's Office of Air Quality Planning and 
Standards in response to an inquiry from an environmental consulting 
firm concerning how to address Integrated Gasification Combined Cycle 
(IGCC) technology in preconstruction permit reviews for coal-fired 
electric generating facilities under the New Source Review program.

DATES: Written comments on the proposed settlement agreement must be 
received by November 20, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0813, online at http://www.regulations.gov (EPA's preferred method); by e-mail to oei.docket@epa.gov; mailed 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 6146F, 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.
    As of September 22, 2006, the EPA Docket Center (EPA/DC) Public 
Reading Room will be temporarily inaccessible to the public until 
November 6, 2006. Public access to docket materials will still be 
provided by appointment.

FOR FURTHER INFORMATION CONTACT: Brian Doster, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-1932; fax number (202) 564-5603; e-mail address: 
doster.brian@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    On December 13, 2005, the Director of the EPA Office of Air Quality 
Planning and Standards responded by letter to an inquiry from an 
environmental consulting firm concerning the treatment of Integrated 
Gasification Combined Cycle (IGCC) technology in preconstruction permit 
reviews for coal-fired electric generating facilities under the New 
Source Review program. Under this program, construction and 
modification of major sources of air pollution are required to meet 
emissions limitations based on either Best Available Control Technology 
(BACT) or the Lowest Achievable Emissions Rate (LAER), depending on 
whether the area in which the source is located is meeting the National 
Ambient Air Quality Standards (NAAQS). 42 U.S.C. 7475(a)(4); 42 U.S.C. 
7503(a)(1). In the letter, EPA expressed the view that the IGCC 
technology need not be evaluated in the BACT or LAER review for a 
supercritical pulverized coal power facility based on fundamental 
differences between the IGCC and supercritical pulverized coal 
technologies. Petitioners requested judicial review of the letter.
    The proposed settlement agreement and related correspondence are 
available for review in the docket described above. 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 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 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

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

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2006-0813) contains a copy of the settlement. 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

[[Page 61772]]

appropriate docket identification number.
    As of September 22, 2006, the EPA Docket Center (EPA/DC) Public 
Reading Room will be temporarily inaccessible to the public until 
November 6, 2006. Public access to docket materials will still be 
provided. The official public docket is available for public viewing by 
appointment only during this period. Appointments may be made by 
calling (202) 566-1744 or by e-mail to oei.docket@epa.gov. The 
telephone number for the OEI Docket is (202) 566-1752.

B. How and to Whom Do I Submit Comments?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2006-0813. 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.
    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.

    Dated: October 12, 2006.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E6-17430 Filed 10-18-06; 8:45 am]

BILLING CODE 6560-50-P
