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Notice

Proposed Settlement Agreement, Clean Air Act Citizen Suit

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of Proposed Settlement Agreement; Request for Public Comment.

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 National Environmental Development Association's Clean Air Project in the United States Court of Appeals for the District of Columbia: National Environmental Development Association's Clean Air Project v. EPA, No. 06-1428 (D.C. Cir.). Petitioner filed a petition for review challenging EPA's notice entitled “Recent Posting to the Applicability Determination Index (ADI) of Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations Pertaining to Standards of Performance for New Stationary Sources and National Emission Standards for Hazardous Air Pollutants, and the Stratospheric Protection Program,” 71 FR 70383 (December 4, 2006). Under the terms of the proposed settlement agreement, EPA agrees that in the first ADI Posting Notice signed after the settlement agreement becomes final, EPA will use specific language as set forth in the settlement agreement. In addition, no later than 30 days after the settlement agreement becomes final, EPA will provide a new search capability for users of the ADI.

DATES:

Written comments on the proposed settlement agreement must be received by August 4, 2008.

ADDRESSES:

Submit your comments, identified by Docket ID number EPA-HQ-OGC-2008-0471, 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., Start Printed Page 38206Washington, 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.

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FOR FURTHER INFORMATION CONTACT:

Diane McConkey, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564-5588; fax number (202) 564-5603; e-mail address: mcconkey.diane@epa.gov.

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SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

Petitioner raised issues concerning the December 4, 2006, Federal Register notice entitled “Recent Posting to the Applicability Determination Index (ADI) of Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations Pertaining to Standards of Performance for New Stationary Sources and National Emission Standards for Hazardous Air Pollutants, and the Stratospheric Protection Program,” 71 FR 70383 (December 4, 2006). EPA maintains a computerized database, known as the Applicability Determination Index (“ADI”), which is a compilation of applicability determinations, alternative monitoring decisions, and regulatory interpretations pertaining to standards of performance for new stationary sources, national emission standards for hazardous air pollutants, and the stratospheric protection program. From time to time, EPA publishes in the Federal Register notices of recent postings to the ADI (“ADI Posting Notices”), similar to the notice at issue in this petition for review.

The settlement agreement provides that in the first ADI Posting Notice signed after this settlement agreement is final and effective, EPA will not use the expressions “broadly termed applicability determinations,” “broadly termed alternative monitoring decisions,” or “broadly termed regulatory interpretations,” but will instead use the following expressions, as needed: “commonly referred to as applicability determinations,” “commonly referred to as alternative monitoring decisions,” and “commonly referred to as regulatory interpretations.” In addition, EPA will include the following language: “This notice does not change the status of any document with respect to whether it is ‘of nationwide scope and effect' for purposes of section 307(b)(1) of the Clean Air Act. For example, this notice does not make an applicability determination for a particular source into a nationwide rule. Neither does it purport to make any document that was previously non-binding into a binding document.” The settlement agreement further states that no later than 30 days after the date the agreement becomes final, EPA will provide a new search capability for users of the ADI, such that users have the option of performing a search limited to the documents contained in a single ADI Posting Notice. If EPA complies with the terms of the settlement agreement, Petitioner shall file for dismissal of the petition 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-2008-0471 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 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 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 on 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 are 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, Start Printed Page 38207and 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.

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Dated: June 26, 2008.

Richard B. Ossias,

Associate General Counsel.

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[FR Doc. E8-15157 Filed 7-2-08; 8:45 am]

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