[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Notices]
[Pages 34631-34632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16440]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7004-5]


Proposed Settlement Agreement, Clean Air Act Petition for Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement providing for 
rulemaking to amend regulations issued pursuant to section 112(d) of 
the Clean Air Act.

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SUMMARY: EPA hereby gives notice of a proposed settlement agreement in 
the case entitled American Coke and Coal Chemicals Inst. v. EPA, No. 
99-1339 (consolidated with American Crop Prot. Ass'n v. EPA, No. 99-
1332) (D.C. Cir.). EPA issues this notice in accordance with section 
113(g) of the Clean Air Act (the ``Act''), 42 U.S.C. 7413(g),which 
requires EPA to give notice and provide an opportunity for public 
comment on proposed settlement agreements.
    The litigation challenges EPA's promulgation of the final rule 
entitled National Emissions Standards for Hazardous Air Pollutants: 
Pesticide Active Ingredient Production (``PAI NESHAP'' or the 
``rule''). 64 FR 33550 (June 23, 1999). The American Coke and Coal 
Chemicals Institute (``ACCCI'') filed a petition for review of the rule 
under section 307(b) of the Act, 42 U.S.C. 7607(b). ACCCI's challenge 
concerns, among other things, the applicability of the rule to coal tar 
distillation units that produce creosote.
    The proposed Settlement Agreement provides that EPA will undertake 
a rulemaking to revise the definition of ``process tank'' to eliminate 
the current reference to processing upstream and downstream of such 
tanks, and to provide additional examples of the types of tanks covered 
by the definition.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will accept written comments relating to the 
proposed Settlement Agreement from persons who are not named as parties 
or interveners to this litigation. EPA or the

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Department of Justice may withhold or withdraw consent to the proposed 
Settlement Agreement if the comments disclose facts or circumstances 
that indicate that the agreement is inappropriate, improper, 
inadequate, or inconsistent with the requirements of the Act. Unless 
EPA or the Department of Justice makes such a determination following 
the comment period, EPA will take the actions set forth in the 
Settlement Agreement.
    A copy of the proposed Settlement Agreement is available from 
Phyllis Cochran, Air and Radiation Law Office (2344A), Office of 
General Counsel, U.S. Environmental Protection Agency, Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 
564-5566. Written comments should be sent to Paul R. Cort, Esq., at the 
above address and must be submitted on or before July 30, 2001.

    Dated: June 20, 2001.
Alan W. Eckert,
Associate General Counsel.
[FR Doc. 01-16440 Filed 6-28-01; 8:45 am]
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