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Proposed Settlement Agreement

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[Federal Register: November 16, 2001 (Volume 66, Number 222)]
[Notices]
[Page 57715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no01-41]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7104-2]
 
Proposed Settlement Agreement

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, 42 U.S.C. 7413(g), notice is hereby given of a proposed 
settlement agreement in Cement Kiln Recycling Coalition v. U.S. 
Environmental Protection Agency, No. 99-1457 (D.C. Cir.).
    This case concerns a challenge to the rule entitled National 
Emission Standards for Hazardous Air Pollutants for Hazardous Waste 
Combustors, published in the Federal Register at 64 FR 52828 on 
September 30, 1999. These standards are based on the performance of 
Maximum Achievable Control Technology (MACT), and implement section 
112(d) of the Clean Air Act.
    A number of parties, representing different interests of both 
industrial sources and of the environmental community, sought judicial 
review of the rule. On July 24, 2001, the United States Court of 
Appeals for the District of Columbia Circuit granted the Sierra Club's 
petition for review and vacated the challenged portions of the rule. 
255 F. 3d 855. The proposed settlement is between EPA and the Sierra 
Club and provides that EPA will promulgate final regulations fully 
compliant with the court's opinion and section 112(d) of the Clean Air 
Act by June 14, 2005.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will receive written comments relating to the 
settlement from persons who were not named as parties to the litigation 
in question. EPA or the Department of Justice may withhold or withdraw 
consent to the proposed settlement if the comments disclose facts or 
circumstances that indicate that such consent is inappropriate, 
improper, inadequate, or inconsistent with the requirements of the Act.
    EPA and the other parties to this case also have filed a joint 
motion with the court requesting that the court stay issuance of its 
mandate until February 14, 2002 so that EPA may issue interim 
regulations (i.e. regulations bridging the gap between February 14, 
2002 and June 14, 2005) establishing emission standards for hazardous 
waste combustors, and making certain other amendments relating to 
implementation of those standards. The joint motion, and its 
attachment, set out in detail the steps EPA intends to take should the 
court grant the motion. Although this joint motion is not a settlement 
agreement, in order to provide context for the settlement agreement 
with Sierra Club which is the subject of this notice, we are also 
making available to the public for comment the joint motion and its 
attachment.
    Copies of the settlement, and the joint motion plus attachment, are 
available from Phyllis Cochran, (202) 564-5566. Written comments should 
be sent to Steven Silverman, Office of General Counsel (2366A), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, and must be submitted on or before December 17, 
2001.

    Dated: November 1, 2001.
Alan W. Eckert,
Associate General Counsel.
[FR Doc. 01-28735 Filed 11-15-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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