

[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Notices]               
[Page 46224-46225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-61]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8456-6]

 
Proposed Settlement Agreement, Clean Air Petition for Review

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 (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed settlement agreement, to address a lawsuit filed by the 
Ingersoll-Rand Company in the U.S. Court of Appeals for the District of 
Columbia Circuit. Ingersoll-Rand Co. v. United States Environmental 
Protection Agency, No. 98-1597 (DC Cir.). Ingersoll-Rand's petition for 
review challenges EPA rules establishing standards for certain nonroad 
diesel engines. 63 FR 58967 (Oct. 23, 1998) (so-called Tier III 
standards). Under the terms of the proposed settlement agreement, EPA 
has agreed to propose rules (or issue direct final rules) amending the 
Tier III standards to allow certain additional flexibilities for 
equipment manufacturers which are not vertically integrated with the 
nonroad diesel engine manufacturer.

DATES: Written comments on the proposed settlement agreement must be 
received by September 17, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0738, 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: Steven Silverman, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5523; fax number (202) 564-5653; e-mail address: 
silverman.steven@epa.gov.


SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    On October 23, 1998, EPA issued so-called Tier III standards for 
nonroad diesel engines. These standards are based largely on within-
engine controls of emissions (as opposed to controls reflecting post-
engine, after treatment of emissions, which are the basis for the later 
rules for these same engines promulgated on June 29, 2004 at 69 Fed. 
Reg. 38958). Ingersoll-Rand Co. filed a timely petition for review in 
the District of Columbia Circuit Court of Appeals challenging certain 
of the Tier III standards. Under the proposed settlement agreement 
decree, EPA would propose certain amendments to the Tier III standards, 
and, if EPA adopts these (or substantially similar) amendments, 
Ingersoll-Rand would move to dismiss its petition for review. The 
amendments relate to providing increased potential flexibility for 
equipment manufacturers which are not vertically integrated with engine 
suppliers if such an equipment manufacturer demonstrates to EPA that it 
is unable to complete redesign of the equipment within the time 
required by the Tier III rule due to technical or engineering hardship. 
Specifically, the equipment manufacturer must show both that its 
inability to furnish a compliant equipment design is due to the engine 
supplier, and that the equipment manufacturer has exhausted other 
flexibilities already provided by the Tier 3 rule. The proposed 
provision is modeled after a parallel provision in the 2004 rules for 
nonroad diesel engines (40 CFR 1039.625 (m)), but the amount of relief 
would be somewhat less than is available under that parallel provision.
    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 decree from persons who were not 
parties or intervenors to the litigation in question. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
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?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2007-0738) 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 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 
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.

[[Page 46225]]

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: August 9, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-16254 Filed 8-16-07; 8:45 am]

BILLING CODE 6560-50-P
