[Federal Register Volume 65, Number 229 (Tuesday, November 28, 2000)]
[Notices]
[Page 70898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30278]


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ENVIRONMENTAL PROTECTION AGENCY


Proposed Settlement Agreements

AGENCY: Environmental Protection Agency.

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, 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, Secs. 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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