
[Federal Register: April 11, 2008 (Volume 73, Number 71)]
[Notices]               
[Page 19838-19839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap08-55]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8552-8]

 
Proposed Settlement Agreement, Clean Air Act

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 Coke Oven 
Environmental Task Force: Coke Oven Environmental Task Force v. EPA, 
Nos. 06-1131, 07-1321 (consolidated) (D.C. Cir.). On or about April 7, 
2006, and August 13, 2007 respectively, Petitioner filed petitions for 
review challenging EPA's final rules entitled: (1) ``Standards of 
Performance for Electric Utility Steam Generating Units for Which 
Construction Is Commenced After September 18, 1978; Standards of 
Performance for Industrial-Commercial-Institutional Steam Generating 
Units; and Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units,'' 71 FR 9866 (February 27, 2006), 
and (2) ``Standards of Performance for Fossil-Fuel-Fired Steam 
Generators for Which Construction Is Commenced After August 17, 1971; 
Standards of Performance for Electric Utility Steam Generating Units 
for Which Construction Is Commenced After September 18, 1978; Standards 
of Performance for Industrial-Commercial-Institutional Steam Generating 
Units; and Standards of Performance for Small Industrial-Commercial-
Institutional Steam Generating Units,'' 72 FR 32710 (June 13, 2007), 
(collectively, the ``Steam Generating Unit NSPS''). Under the terms of 
the proposed settlement agreement, EPA shall sign a notice of proposed 
rulemaking or direct final rulemaking that contains amendments to the 
rules that are the same in substance as set forth in Attachment A to 
this settlement agreement by May 31, 2008, and take any necessary final 
action by November 30, 2008.

DATES: Written comments on the proposed settlement agreement must be 
received by May 12, 2008.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2008-0266, 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: Richard H. Vetter, c/o Cheryl Graham 
Air and Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone: (919) 541-2127; fax number (919) 541-
4991; e-mail address: vetter.rick@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    Petitioner raised issues concerning the final rules entitled 
``Standards of Performance for Electric Utility Steam Generating Units 
for Which Construction Is Commenced After September 18, 1978; Standards 
of Performance for Industrial-Commercial-

[[Page 19839]]

Institutional Steam Generating Units; and Standards of Performance for 
Small Industrial-Commercial-Institutional Steam Generating Units,'' 71 
FR 9866 (February 27, 2006), and ``Standards of Performance for Fossil-
Fuel-Fired Steam Generators for Which Construction Is Commenced After 
August 17, 1971; Standards of Performance for Electric Utility Steam 
Generating Units for Which Construction Is Commenced After September 
18, 1978; Standards of Performance for Industrial-Commercial-
Institutional Steam Generating Units; and Standards of Performance for 
Small Industrial-Commercial-Institutional Steam Generating Units,'' 72 
FR 32710 (June 13, 2007).
    The settlement agreement provides that by May 31, 2008, EPA shall 
sign a notice of proposed rulemaking or direct final rulemaking that 
contains amendments to the rules that are the same in substance as set 
forth in Attachment A to this settlement agreement and by November 30, 
2008, EPA shall take any necessary final action on the rules. If EPA 
signs a final rule that contains amendments to the rules that are 
substantially the same in substance as set for in Attachment A, then 
publishes that final rule in the Federal Register, Petitioner and EPA 
shall file for dismissal of the consolidated Petitions for Review with 
prejudice in accordance with Rule 42(b) of the Federal Rules of 
Appellate Procedures.
    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-2008-0226 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 http://www.regulations.gov 
to view the settlement agreement, 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?

    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: April 4, 2008.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E8-7814 Filed 4-10-08; 8:45 am]

BILLING CODE 6560-50-P
