

[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]               
[Page 75538-75539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de06-72]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8256-6]

 
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 lawsuits filed by Pasadena 
Refining Systems, Inc. (``Petitioner'') in the United States Court of 
Appeal for the Fifth Circuit: Pasadena Refining Systems, Inc. v. EPA, 
No. 04-60982 and No. 05-60551 (Fifth Cir.). Petitioner requested 
judicial review of various letters sent by EPA officials in which the 
EPA officials responded to PRSI's request to determine whether PRSI 
would qualify for small refiner status under 40 CFR 80.550 of EPA's 
Nonroad Diesel regulations. Petitioners also requested judicial review 
of EPA's decision to approve, in part, PRSI's request for hardship 
relief under 40 CFR 80.560 of EPA's Nonroad Diesel regulations.

DATES: Written comments on the proposed settlement agreement must be 
received by January 16, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2006-0932, 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 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: Gretchen Graves, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5581; fax number (202) 564-5603; e-mail address: 
graves.gretchen@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    PRSI, the purchaser of the Crown Central Petroleum refinery at 
Pasadena, Texas, requested judicial review of various letters sent by 
EPA officials in response to an inquiry from PRSI to determine whether 
PRSI would qualify for small refiner status under 40 CFR 80.550 of 
EPA's Nonroad Diesel regulations. Petitioners also requested judicial 
review of EPA's decision to approve, in part, PRSI's request for 
hardship relief under 40 CFR 80.560 of EPA's Nonroad Diesel 
regulations. The proposed settlement would resolve these lawsuits.
    The proposed settlement agreement is 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.
    PRSI has claimed that a dollar amount contained in section A.5 of 
the attached compliance plan contains confidential business information 
(``CBI''). EPA has not determined whether the term is entitled to 
confidential treatment under EPA's Freedom of Information Act 
regulations. 40 CFR part 2, subpart B. According to our regulations, 
EPA can not release information claimed as confidential before a CBI 
determination is made. Id. Therefore, EPA has redacted that term for 
purposes of this notice, based on this claim. EPA invites comment on 
all aspects of the proposed settlement and the appropriateness of its 
terms, including comments regarding the appropriate dollar amount to 
include in section A.5.

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-2006-0932) contains a copy of the settlement. An 
electronic version of the public docket is available through http://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, select 
``search,'' then key in the appropriate docket identification number.

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-2006-0932. 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.

[[Page 75539]]

    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: December 7, 2006.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E6-21377 Filed 12-14-06; 8:45 am]

BILLING CODE 6560-50-P
