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[Federal Register: July 20, 2010 (Volume 75, Number 138)]
[Notices]               
[Page 42085-42087]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy10-47]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9176-9]

 
Proposed Settlement Agreements, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreements; Request for Public 
Comment

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby 
given of six proposed settlement agreements to address lawsuits filed 
by the American Chemistry Council, the American Public Gas Association, 
the American Petroleum Institute, et al., the Energy Recovery Council, 
the Fertilizer Institute, and the Utility Air Regulatory Group 
(collectively ``Petitioners'') in the United States Court of Appeals 
for the District of Columbia: American Chemistry Council v. EPA, No. 
09-1325 (D.C. Cir.) and consolidated cases. Petitioners filed petitions 
for review of EPA's final rule entitled ``Mandatory Reporting of 
Greenhouse Gases'', published at 75 FR 56,260 (October 30, 2009). Under 
the terms of the proposed settlement agreements, Petitioners would 
dismiss their claims if EPA proposes and, after notice and comment, 
takes final action on certain revisions to the final rule.

DATES: Written comments on the proposed settlement agreements must be 
received by August 19, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0575, online at http://www.regulations.gov (EPA's preferred 
method); by e-mail to oei.docket@epa.gov; by mail 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: Carol Holmes, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-8709; fax number (202) 564-5603; email 
address:holmes.carol@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreements

    On September 22, 2009, EPA finalized the first comprehensive 
reporting

[[Page 42086]]

program for greenhouse gases (``GHGs'') under the Clean Air Act 
(``CAA'' or ``the Act''). 75 FR 56,260 (October 30, 2009) (``2009 Final 
GHG Reporting Rule''). The 2009 Final GHG Reporting Rule requires 
reporting of greenhouse gas emissions from large sources and suppliers 
in the United States, and is intended to collect accurate and timely 
emissions data to inform future policy decisions. Under the rule, 
suppliers of fossil fuels or industrial greenhouse gases, manufacturers 
of vehicles and engines, and facilities that emit 25,000 metric tons or 
more per year of GHG emissions are required to submit annual reports to 
EPA. The rule became effective December 29, 2009.
    Eight petitions for review were filed in the DC Circuit challenging 
the 2009 Final GHG Reporting Rule: American Chemistry Council (09-
1325); Energy Recovery Council (09-1326); American Petroleum Institute 
and National Petroleum Refiners Association (09-1328); The Fertilizer 
Institute (09-1329); American Public Gas Association (09-1331); Kinder 
Morgan CO2 Co., LP (09-1332); Utility Air Regulatory Group (09-1333); 
and Environmental Defense Fund (09-1334). Five petitioners or groups of 
petitioners also filed petitions for reconsideration of the 2009 Final 
GHG Reporting Rule (American Public Gas Association; American Petroleum 
Institute, et al.; the Energy Recovery Council; the Utility Air 
Regulatory Group; and the Environmental Defense Fund). Both the 
petitions for review in the DC Circuit, and the petitions for 
reconsideration, raise issues with the final requirements of the 2009 
Final GHG Reporting Rule. Upon EPA's motion, on February 22, 2010, the 
court issued an order holding the consolidated cases in abeyance 
pending EPA's consideration of the petitions for reconsideration and 
the parties' settlement discussions.
    Under the proposed settlement agreements being noticed today, five 
petitions for review would be dismissed in their entirety, and one 
dismissed in part, if EPA proposes and finalizes certain revisions to 
the 2009 Final GHG Reporting Rule. The administrative petitions filed 
by the settling parties also would be deemed withdrawn under the terms 
of the proposed settlement agreements. Two petitions for review--that 
of the Environmental Defense Fund and that of Kinder Morgan CO2 Co., 
LP--would not be settled at this time. Rather, these petitions would 
continue to be held in abeyance, pending further settlement discussions 
or action by EPA that renders the petition(s) moot.
    Pursuant to the proposed settlement agreements, EPA would be 
proposing and taking final action on four primary categories of changes 
to the 2009 Final GHG Reporting Rule: (1) Revising the applicability 
threshold for one source category; (2) revising the threshold for more 
stringent monitoring for one type of combustion source; (3) providing 
an option to request the continued use of best available monitoring 
methods until 2015 if, at a complex facility, a shutdown or hot tap is 
required to install measurement equipment; and (4) generally revising 
monitoring, recordkeeping and reporting requirements in various 
subparts.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreements 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 agreements 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 submitted, that 
consent to these settlement agreements should be withdrawn, the terms 
of the agreements will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreements

A. How can I get a copy of the settlement agreements?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2010-0575) contains copies of the proposed settlement 
agreements. 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 
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, key in the appropriate docket identification number then select 
``search''.
    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 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,

[[Page 42087]]

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: July 14, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-17700 Filed 7-19-10; 8:45 am]
BILLING CODE 6560-50-P
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