Jump to main content.

Proposed Settlement Agreement

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 



[Federal Register: August 23, 2001 (Volume 66, Number 164)]
[Notices]
[Page 44342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au01-43]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-7041-5]
 
Proposed Settlement Agreement

AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed settlement; request for public comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended, 42 U.S.C. 7413(g), (the ``Act''), notice is hereby given of a 
proposed settlement agreement in American Forest & Paper Association, 
Inc., v. EPA, No. 00-1218 (D.C. Cir.) This lawsuit, filed under section 
307(b)(1) of the Act, concerns EPA's Memorandum to its Regional Offices 
regarding New Source Performance Standard Subpart Kb Applicability to 
Storage Vessels Used in the Pulp and Paper Industry. The proposed 
settlement agreement provides that EPA shall propose and take final 
action on amendments to 40 CFR part 60, Subpart Kb, Secs. 60.110b et 
seq. (Subpart Kb), to exclude from its applicability storage vessels 
that have a capacity less than 20,000 gallons or contain a liquid with 
a maximum true vapor pressure below 3.5kPa. The proposed settlement 
agreement was entered into on July 26, 2001.

DATES: Written comments on the proposed settlement agreements must be 
received by September 24, 2001.

ADDRESSES: Written comments should be sent to David J. Dickinson, Air 
and Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. Copies of the proposed settlement agreement are 
available from Phyllis J. Cochran, (202) 564-7606.

SUPPLEMENTARY INFORMATION: In 1987, EPA promulgated a final rule, 
amended thereafter, establishing standards of performance for volatile 
organic liquid storage vessels (including petroleum liquid storage 
vessels) for which construction, reconstruction, or modification 
commenced after July 23, 1984 (Subpart Kb). On March 27, 2000, EPA 
released a document regarding the applicability of this regulation to 
storage vessels used in the pulp and paper industry. On May 26, 2000, 
the American Forest & Paper Association, Inc. filed a petition for 
review with the DC Circuit Court of Appeals regarding EPA's March 27, 
2000 document. Under the terms of the tentative settlement agreement 
noticed herein, EPA has agreed to propose to amend Subpart Kb to 
exclude from its applicability storage vessels that have a capacity 
less than 20,000 gallons or contain a liquid with a maximum true vapor 
pressure below 3.5 kPa and to take final action on that proposal within 
a reasonable time.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will receive written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties 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 determine, following the comment period, that consent is 
inappropriate, the settlement agreement will then be executed by the 
parties.

    Dated: August 14, 2001.
Alan W. Eckert,
Associate General Counsel.
[FR Doc. 01-21339 Filed 8-22-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

Local Navigation

Jump to main content.