70898 Federal Register / Vol. 65, No. 229 / Tuesday, November 28, 2000 / Notices

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RM98–1–000]

Regulations Governing Off-the-Record

Communications; Public Notice

November 21, 2000.

This constitutes notice, in accordance

with 18 CFR 385.220(h), of the receipt

of exempt and prohibited off-the-record

communications.

The following is a list of exempt and

prohibited off-the-record

communications received in the Office

of the Secretary within the preceding 14

days.

None were received.

David P. Boergers,

Secretary.

[FR Doc. 00–30209 Filed 11–27–00; 8:45 am]

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ENVIRONMENTAL PROTECTION

AGENCY

Proposed Settlement Agreements

AGENCY: Environmental Protection

Agency.

ACTION: Notice of proposed settlement

agreements; request for public comment.

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 proposed settlement agreements in

American Chemistry Council, et al. v.

EPA, No. 94–1359 and consolidated

cases (D.C. Cir.), and National

Environmental Development

Association’s Clean Air Regulatory

Project v. EPA, No. 94–1511 and

consolidated cases (D.C. Cir.). These

cases concern respectively: (1) the rule

establishing General Provisions for

National Emission Standards for

Hazardous Air Pollutants issued under

Clean Air Act Section 112 (59 FR 12430,

March 16, 1994), and (2) the rule

establishing procedures for equivalent

emission limitations by permit under

Clean Air Act Section 112(j) (59 FR

26449, May 20, 1994). The proposed

settlement agreements were lodged with

the United States Court of Appeals for

the District of Columbia Circuit on

October 26, 2000.

DATES: Written comments on the

proposed settlement agreements must be

received by December 28, 2000.

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, N.W.,

Washington, D.C. 20460. Copies of the

proposed settlement agreements are

available from Phyllis J. Cochran, (202)

564–7606. Copies of the proposed

settlement agreements were also lodged

in the respective cases with the Clerk of

the United States Court of Appeals for

the District of Columbia Circuit on

October 26, 2000.

SUPPLEMENTARY INFORMATION: In 1994,

EPA promulgated a final rule

establishing General Provisions for

National Emission Standards for

Hazardous Air Pollutants issued under

Clean Air Act Section 112 (59 FR 12430,

March 16, 1994), and a final rule

establishing procedures for equivalent

emission limitations by permit under

Clean Air Act Section 112(j) (59 FR

26449, May 20, 1994). Various

businesses and trade associations filed

petitions in the D.C. Court of Appeals

challenging various aspects of those

final rules. These petitions were

consolidated in American Chemistry

Council, et al. v. EPA, No. 94–1359 et

al. (includes petitioners American

Chemistry Council, Coalition for Clean

Air Implementation, General Electric

Company, American Petroleum

Institute, National Mining Association,

and American Forest and Paper

Association), and National

Environmental Development

Association’s Clean Air Regulatory

Project v. EPA, No. 94–1511 et al. (D.C.

Cir.) (includes petitioners National

Environmental Development

Association’s Clean Air Regulatory

Project, Coalition for Clean Air

Implementation, Electronic Industries

Clean Air Task Force, American

Chemistry Council, and Clean Air

Implementation Project).

Thereafter EPA entered into

settlement discussions with the various

petitioners in these consolidated cases.

These discussions continued over a

period of years and have now

culminated in tentative negotiated

settlements in the pending cases. Under

the terms of these tentative settlement

agreements as lodged with the Circuit

Court on October 26, 2000, EPA has

agreed to issue a notice of proposed

rulemaking to amend the rules in

question within four months of the date

the agreements were executed. The text

of that notice of proposed rulemaking,

and of the proposed amendments to the

rules, has been agreed to by the parties,

and is available upon request.

The proposed amendments include

changes responsive to some but not all

of the concerns expressed by the

petitioners in the associated cases. The

proposed amendments also include a

number of revisions to the rules in

question deemed otherwise desirable by

EPA and agreed to by the petitioners.

The proposed amendments to the

General Provisions rule, 40 CFR part 63,

subpart A, include revisions addressing

the presumptive applicability of the

General Provisions to individual

Maximum Achievable Control

Technology (MACT) standards; the

definitions of ‘‘affected source’’ and

other terms; prohibited activities and

circumvention; preconstruction review;

startup, shutdown, and malfunction

plans; compliance provisions;

monitoring requirements; notification

requirements; and recordkeeping and

reporting requirements. The proposed

amendments to the rule governing

equivalent emission limitations by

permit under Clean Air Act Section

112(j), 40 CFR part 63, subpart B,

§§ 63.50–60.56, include revisions

addressing applicability requirements,

definitions, the approval process for a

section 112(j) determination, the content

of a section 112(j) application,

preconstruction review, and

enforcement liability. The proposed

amendments to both regulations also

include a number of revisions

addressing the relationship between

sequential case-by-case MACT

determinations under section 112(g) and

section 112(j), and the relation between

case-by-case MACT determinations and

a subsequently promulgated MACT

standard issued under section 112(d) or

section 112(h).

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 agreements from persons

who were not named as parties or

interveners to the litigation in question.

EPA or the Department of Justice may

withdraw or withhold consent to the

proposed consent decree 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: November 20, 2000.

Anna Wolgast,

Acting General Counsel.

[FR Doc. 00–30278 Filed 11–27–00; 8:45 am]

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