

[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Notices]               
[Page 53769-53770]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-42]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8471-1]

 
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 three lawsuits filed by the 
American Iron and Steel Institute, the Specialty Steel Industry of 
North America and the Steel Manufacturers Association. [American Iron 
and Steel Institute et. al v. U.S. Environmental Protection Agency, No. 
00-1434 consolidated with Nos. 00-1435 and 05-1135 (D.C. Cir.)]. In 
these cases, petitioners asked the Court to review final rules 
promulgated by the Environmental Protection Agency (EPA) relating to 
the New Source Performance Standards for Electric Arc Furnaces, 40 CFR 
Part 60, Subparts AA and AAa, and the Amendments to Standards of 
Performance for New Stationary Sources: Monitoring Requirements (PS-1) 
65 FR 48914 (August 10, 2000). Under the terms of the proposed 
settlement agreement, the EPA would execute a letter explaining its 
position regarding the proper use of continuous opacity monitoring 
system (COMS) data with respect to the 40 CFR Part 60, Subparts AAa and 
AAa NSPS for electric arc furnace (EAF) steel facilities.

DATES: Written comments on the proposed settlement agreement must be 
received by October 22, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0961, 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: Sonja Rodman, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-4079; fax number (202) 564-5603; e-mail address: 
rodman.sonja@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    Through this action, EPA is providing notice of a proposed 
settlement agreement to address three petitions for review of EPA 
actions filed by American Iron and Steel Institute (AISI), the 
Specialty Steel Industry of North America (SSINA) and the Steel 
Manufacturers Association (SMA). Two of the petitions for review were 
filed in October 2000. On or about October 10, 2000, Petitioners SSINA 
and SMA petitioned the Court for review of the ``Amendments to 
Standards of Performance for New Stationary Sources: Monitoring 
Requirements'' 65

[[Page 53770]]

FR 48914 (August 10, 2000) (``PS-1 Rule'') [Specialty Steel Industry of 
North America & Steel Manufacturers Association v. U.S. Environmental 
Protection Agency, No. 00-1434 (D.C. Cir)]. Also on or about October 
10, 2000, Petitioners AISI, SSINA and SMA asked the Court to review the 
New Source Performance Standards Subparts AA and AAa, 40 CFR Part 60, 
Subparts AA and AAa, which they asserted had been modified by the 
aforementioned PS-1 Rule [American Iron and Steel Institute, Specialty 
Steel Industry of North American, Steel Manufacturers Association v. 
U.S. Environmental Protection Agency, No. 00-1435 (D.C. Cir.)]. The 
litigation on these two petitions was stayed pending EPA's action on a 
related administrative petition. Subsequently, on or about April 22, 
2005, Petitioners SMA and AISI petitioned the Court for review of a 
final rule promulgated by EPA entitled ``Standards of Performance for 
Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, 
and before August 17, 1983; and Standards of Performance for Steel 
Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels 
Constructed After August 17, 1983.'' 70 FR 8523 (February 22, 2005) 
[Steel Manufacturers Association & American Iron and Steel Institute v. 
U.S. Environmental Protection Agency, No. 05-1135 (D.C. Cir.)]. These 
three lawsuits were consolidated into a single action by the United 
States Court of Appeals for the District of Columbia Circuit. The 
proposed settlement agreement would resolve all three lawsuits. Under 
the terms of the proposed settlement agreement, the EPA would execute a 
letter explaining its position regarding the proper use of continuous 
opacity monitoring system (COMS) data with respect to the 40 CFR Part 
60, Subparts AAa and AAa NSPS for electric arc furnace (EAF) steel 
facilities. The text of this letter is included in the docket for this 
rulemaking.
    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 Clean Air Act. Unless EPA 
or the Department of Justice determines, based on any comment which may 
be submitted, that consent to the settlement 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--Docket ID No. EPA-HQ-
OGC-2007-0961--contains a copy of the 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 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 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.

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-2007-0961. 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: September 14, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-18577 Filed 9-19-07; 8:45 am]

BILLING CODE 6560-50-P
