

[Federal Register: February 7, 2008 (Volume 73, Number 26)]
[Notices]               
[Page 7285-7287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07fe08-62]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8526-6]

 
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 the 
Battery Council International (``BCI'') in the United States Court of 
Appeals for the District of Columbia Circuit: Battery Council 
International v. EPA, No. 07-1364 (D.C. Cir.). On September 13, 2007, 
BCI filed a petition for review challenging regulations promulgated by 
EPA in a final rule entitled ``National Emission Standards for 
Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic 
Fibers Production, Carbon Black Production, Chemical Manufacturing: 
Chromium Compounds, Flexible Polyurethane Foam Production and 
Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving'' 
published at 72 FR 38864 (July 16, 2007) (the ``Battery NESHAP''). 
Specifically, BCI is challenging the Lead Acid Battery Manufacturing 
NESHAP

[[Page 7286]]

regarding the scope of the performance test requirement in Subpart 
PPPPPP, 40 CFR 63.11423(c)(1). Under the terms of the proposed 
settlement agreement, EPA shall sign a notice of proposed rulemaking 
and/or direct final rulemaking that contains a technical amendment to 
the Battery NESHAP that is substantially the same in substance as set 
forth in Attachment A of the proposed settlement agreement.

DATES: Written comments on the proposed settlement agreement must be 
received by March 10, 2008.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2008-0076, 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: Paul Versace, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-0219; fax number (202) 564-5603; e-mail address: 
versace.paul@epa.gov.


SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    Battery Council International (BCI) filed a petition for review of 
the rules applicable to Lead Acid Battery Manufacturing on September 
13, 2007. BCI raised issues regarding the scope of the performance test 
requirement in Subpart PPPPPP, 40 CFR 63.11423(c)(1) of the Battery 
NESHAP.
    The settlement agreement provides that within three days after the 
agreement is executed BCI and EPA will jointly notify the Court of this 
settlement agreement and request that the case continue to be held in 
abeyance. The settlement agreement states that EPA shall sign a notice 
of proposed rulemaking and/or direct final rulemaking that contains a 
technical amendment to the Battery NESHAP that is substantially the 
same in substance as set forth in Attachment A. If EPA signs and 
thereafter publishes in the Federal Register a final rule that contains 
a technical amendment to the Battery NESHAP that is substantially the 
same in substance as set forth in Attachment A to the settlement 
agreement, BCI and EPA will file the appropriate pleading for the 
dismissal of the petition for review with prejudice in accordance with 
Rule 42(b) of the Federal Rules of Appellate Procedures, with each 
party to bear its own costs and attorneys' fees.
    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. 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-2008-0076, which 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 www.regulations.gov Web site to 

submit or view public comments, access the index listing of the 
contents of the official public docket, and 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?

    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

[[Page 7287]]

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 30, 2008.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E8-2252 Filed 2-6-08; 8:45 am]

BILLING CODE 6560-50-P
