

[Federal Register: January 17, 2007 (Volume 72, Number 10)]
[Notices]               
[Page 1986-1987]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja07-36]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 8269-7]

 
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 petition for review filed 
by the American Foundry Society in the United States Court of Appeals 
for the District of Columbia Circuit: American Foundry Society v. EPA, 
No. 04-1191 (D.C. Cir.). On June 18, 2004, Petitioner filed a petition 
for review challenging the EPA's final rule entitled ``National 
Emission Standards for Hazardous Air Pollutants for Iron and Steel 
Foundries'' published at 69 FR 21,906 (April 22, 2004). Under the terms 
of the proposed settlement agreement, EPA would sign a notice proposing 
revisions to the rule that were the same in substance as set forth in 
the attachment to the settlement agreement.

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

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
GC-2007-0009, 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: Diane McConkey, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5588; fax number (202) 564-5603; e-mail address: 
mcconkey.diane@epa.gov.


SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    Petitioners raised issues concerning the final rule entitled 
``National Emission Standards for Hazardous Air Pollutants for Iron and 
Steel Foundries'' published at 69 FR 21,906 (April 22, 2004) (``the 
Rule'').
    The proposed settlement agreement provides that no later than 30 
days after it became final, EPA would sign a notice proposing revisions 
to the Rule that were the same in substance as set forth in Attachment 
A to the settlement agreement. The proposed revisions would add an 
alternative compliance option for cupolas at existing foundries and 
would include a number of small changes and clarifications. The Parties 
would file a joint stipulation of dismissal of case number 04-1191 if 
EPA promulgated final revisions that were materially the same as the 
proposed revisions.
    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 
Agreement

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

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2007-0009 which contains a copy of the 
settlement. 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 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.
    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

[[Page 1987]]

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 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: January 9, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-516 Filed 1-16-07; 8:45 am]

BILLING CODE 6560-50-P
