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Proposed Settlement Agreement
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 26, 2002 (Volume 67, Number 165)]
[Notices]
[Page 54804]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au02-51]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7268-4]
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 Sierra Club v. U.S. Environmental Protection
Agency, No. 02-1135 (D.C. Circuit). This case concerns the final rule
entitled ``National Emission Standard for Hazardous Air Pollutants for
Source Categories: General Provisions; and Requirements for Control
Technology Determinations for Major Sources in Accordance with Clean
Air Act section 112(g) and 112(j),'' published at 67 FR 16582 on April
5, 2002. The proposed settlement agreement was lodged with the United
States Court of Appeals for the District of Columbia Circuit on August
15, 2002.
DATES: Written comments on the proposed settlement agreement must be
received by September 25, 2002.
ADDRESSES: Written comments should be sent to Timothy D. Backstrom, Air
and Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. A copy of the proposed settlement agreement is
available from Phyllis J. Cochran, (202) 564-7606. A copy of the
proposed settlement agreement was also lodged in the case with the
Clerk of the United States Court of Appeals for the District of
Columbia Circuit on August 15, 2002.
SUPPLEMENTARY INFORMATION: EPA promulgated a final rule amending the
MACT General Provisions, 40 CFR part 63, subpart A, and the
requirements for case-by-case determinations under Clean Air Act
section 112(j), 40 CFR 63.50-63.56, on April 5, 2002. 67 FR 16582. The
Sierra Club filed a petition seeking judicial review of this final rule
on April 25, 2002. Sierra Club v. U.S. Environmental Protection Agency,
No. 02-1135 (D.C. Circuit). On June 4, 2002, Sierra Club also filed a
petition seeking administrative reconsideration of certain provisions
in the final rule, pursuant to Clean Air Act section 307(d)(7)(B).
Sierra Club and EPA have now reached initial agreement on a
settlement of the case which could lead to the voluntary dismissal of
the petition for review. The settlement requires the EPA Administrator
to sign a proposed rule incorporating certain amendments no later than
two months after the date the settlement was signed by counsel for the
parties and lodged with the court. The settlement also requires the EPA
Administrator to take final action concerning the proposed rule within
seven months from the date of signature and lodging.
Under the settlement, EPA will propose to reduce the time period
between submission of part 1 applications under Clean Air Act section
112(j), and submission of the more detailed part 2 application, from 24
months to 12 months. EPA originally proposed a time period of 6 months
between the two parts. In view of the current schedule for promulgation
of remaining MACT standards, EPA anticipates that the one year period
will permit proposed MACT standards to be issued prior to the part 2
applications, thereby reducing the burden associated with preparation
of the part 2 applications. EPA also anticipates that the one year
period should be sufficient to prevent any need for actual issuance of
case-by-case determinations under section 112(j) for all or virtually
all affected source categories.
The settlement also requires that EPA propose certain amendments to
the section in the MACT General Provisions which governs preparation of
Startup, Shutdown, and Malfunction (SSM) plans, 40 CFR 63.6(e). EPA
considers these changes to be modest in nature and consistent with the
policies concerning these SSM plans described in the preamble of the
original proposal.
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. Although the comment opportunity
required by section 113(g) is only mandatory with respect to persons
who are not named as parties or interveners in the case in question,
EPA does not believe it would be appropriate in this instance to
exclude comment by those parties who have requested and been granted
intervention in the Sierra Club case, or by those parties who have
submitted petitions concerning the same rulemaking in consolidated
cases. Unlike a consent degree or court-ordered settlement, no action
by the Court is required to execute the settlement agreement in this
case. Therefore, EPA will exercise its discretion to accept comment on
the settlement agreement from all interested persons.
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, 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.
Dated: August 16, 2002.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-21674 Filed 8-23-02; 8:45 am]
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