Proposed Settlement Agreement, Clean Air Petition for Review, 4433-4434 [E9-1592]

Download as PDF Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices Owners or operators of the affected facilities must make a one-time-only report of the date of construction or reconstruction, notification of the actual date of startup, notification of any physical or operational change to existing facility that may increase the rate of emission of the regulated pollutant, notification of initial performance test; and results of initial performance test. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction, or any period during which the monitoring system is inoperative. Performance tests are the Agency’s records of a source’s initial capability to comply with emissions standards and not the operating conditions under which compliance was to achieve. An annual summary report is also required. Any owner or operator subject to the provisions of this subpart must maintain a file of these measurements, and retain the file for at least two years following the collection of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. This information is being collected to assure compliance with 40 CFR part 60, subpart DD, as authorized in sections 112 and 114(a) of the Clean Air Act. The required information consists of emissions data and other information that have been determined to be private. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The OMB Control Number for EPA regulations listed in 40 CFR part 9 and 48 CFR chapter 15, are identified on the form and/or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information estimated to average 10 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose and provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information; processing and maintaining information; and disclosing and providing information. All existing ways will have to adjust to comply with any previously applicable instructions and requirements that have subsequently changed; train personnel VerDate Nov<24>2008 17:20 Jan 23, 2009 Jkt 217001 to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/Affected Entities: Owners and operators of grain elevators. Estimated Number of Respondents: 200. Frequency of Response: On occasion, initially and annually. Estimated Total Annual Hour Burden: 2,070. Estimated Total Annual Cost: $167,108, which is comprised of labor costs inclusively, with neither capital/ startup costs nor O&M costs. Changes in the Estimates: There is no change in the labor cost in this ICR compared to the previous ICR. This is due to two considerations. First, the regulations have not changed over the past three years and are not anticipated to change over the next three years. Secondly, the growth rate for the industry is very low, negative or nonexistent, so there is no significant change in the overall burden. Since there are no changes in the regulatory requirements and there is no significant industry growth, the labor hours and cost figures in the previous ICR was used in this ICR, and there is no change in the burden to industry. Dated: January 15, 2009. John Moses, Acting Director, Collection Strategies Division. [FR Doc. E9–1621 Filed 1–23–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8766–7] Proposed Settlement Agreement, Clean Air Petition for Review 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 (‘‘CAA’’ or ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to address petitions for review filed by the Sierra Club, Desert Citizens Against Pollution, Downwinders At Risk, Friends of Hudson, Huron Environmental Activist League, Montanans Against Toxic Burning, the Portland Cement Association, the State of New York, the State of Connecticut, the State of PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 4433 Delaware, the State of Illinois, the State of Maryland, the Commonwealth of Massachusetts, the State of Michigan Department of Environmental Quality, the State of New Jersey, and the Commonwealth of Pennsylvania Department of Environmental Protection (collectively ‘‘Petitioners’’) in the U.S. Court of Appeals for the District of Columbia Circuit. Portland Cement Association v. United States Environmental Protection Agency, No. 07–1046 and consolidated Nos. 07– 1048, 07–1049, and 07–1052. The various petitions for review challenge an EPA rule entitled ‘‘National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry,’’ published at 71 FR 76518 (Dec. 20, 2006) (‘‘2006 Rule’’). EPA has negotiated a proposed settlement agreement with the petitioners. Under the terms of the proposed settlement agreement, EPA has agreed to sign a notice of proposed rulemaking described in paragraph 1 of the agreement no later than March 31, 2009. EPA has agreed to take final action concerning the notice of proposed rulemaking described in paragraph 1 of the agreement no later than March 31, 2010. DATES: Written comments on the proposed settlement agreement must be received by February 25, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0026, online at https:// 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: Steven Silverman, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–5523; fax number (202) 564–5653; e-mail address: silverman.steven@epa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\26JAN1.SGM 26JAN1 4434 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices I. Additional Information About the Proposed Settlement Agreement On December 20, 2006, EPA issued the 2006 Rule which establishes emission standards pursuant to section 112(d) of the Act for mercury and total hydrocarbons from new and existing Portland cement kilns. The 2006 Rule does not establish further controls for hydrogen chloride (‘‘HCI’’) emissions because EPA concluded that present controls on Portland cement kilns’ emissions of HCI are already protective of human health with an ample margin of safety. Petitions for review of this rule were filed in the District of Columbia Circuit by a large number of entities including representatives of the regulated industry, States, and environmental groups. These petitions have been consolidated for purposes of judicial review but further litigation has been held in abeyance by court order. In March 2007, EPA granted Sierra Club’s administrative petition to reconsider the standards for mercury and total hydrocarbons, the decision that no further controls for HCI are required, and the decision not to set beyond-the-floor standards for mercury or for total hydrocarbons. EPA had itself already granted reconsideration sua sponte of the new source standard for mercury. 71 FR 76553 (Dec. 20, 2006). EPA has negotiated a proposed settlement agreement with the various petitioners. Under the proposed settlement agreement, EPA agrees that it will prepare a notice of proposed rulemaking which will address all the issues raised in Sierra Club’s petition for reconsideration. This notice is to be signed no later than March 31, 2009, EPA is to take final action concerning the notice of proposed rulemaking no later than March 31, 2010. The sole remedy under the proposed settlement agreement should EPA fail to propose or take final action by these dates is for any of the petitioners to withdraw their consent to any order of the DC Circuit Court of Appeals holding the litigation in abeyance and to move the court to vacate any such order. 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 are not parties or intervenors to the litigation. EPA or the Department of Justice may withdraw or withhold consent to the proposed 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 VerDate Nov<24>2008 17:20 Jan 23, 2009 Jkt 217001 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? The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2009–0026) contains a copy of the proposed 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 https:// www.regulations.gov. You may use the https://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, 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 in paper, will be made available for public viewing online at https:// 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. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 https://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 https://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: January 16, 2009. Richard B. Ossias, Associate General Counsel. [FR Doc. E9–1592 Filed 1–23–09; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4433-4434]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1592]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8766-7]


Proposed Settlement Agreement, Clean Air Petition for Review

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 (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed settlement agreement to address petitions for review 
filed by the Sierra Club, Desert Citizens Against Pollution, 
Downwinders At Risk, Friends of Hudson, Huron Environmental Activist 
League, Montanans Against Toxic Burning, the Portland Cement 
Association, the State of New York, the State of Connecticut, the State 
of Delaware, the State of Illinois, the State of Maryland, the 
Commonwealth of Massachusetts, the State of Michigan Department of 
Environmental Quality, the State of New Jersey, and the Commonwealth of 
Pennsylvania Department of Environmental Protection (collectively 
``Petitioners'') in the U.S. Court of Appeals for the District of 
Columbia Circuit. Portland Cement Association v. United States 
Environmental Protection Agency, No. 07-1046 and consolidated Nos. 07-
1048, 07-1049, and 07-1052. The various petitions for review challenge 
an EPA rule entitled ``National Emission Standards for Hazardous Air 
Pollutants from the Portland Cement Manufacturing Industry,'' published 
at 71 FR 76518 (Dec. 20, 2006) (``2006 Rule''). EPA has negotiated a 
proposed settlement agreement with the petitioners. Under the terms of 
the proposed settlement agreement, EPA has agreed to sign a notice of 
proposed rulemaking described in paragraph 1 of the agreement no later 
than March 31, 2009. EPA has agreed to take final action concerning the 
notice of proposed rulemaking described in paragraph 1 of the agreement 
no later than March 31, 2010.

DATES: Written comments on the proposed settlement agreement must be 
received by February 25, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0026, online at https://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: Steven Silverman, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5523; fax number (202) 564-5653; e-mail address: 
silverman.steven@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 4434]]

I. Additional Information About the Proposed Settlement Agreement

    On December 20, 2006, EPA issued the 2006 Rule which establishes 
emission standards pursuant to section 112(d) of the Act for mercury 
and total hydrocarbons from new and existing Portland cement kilns. The 
2006 Rule does not establish further controls for hydrogen chloride 
(``HCI'') emissions because EPA concluded that present controls on 
Portland cement kilns' emissions of HCI are already protective of human 
health with an ample margin of safety. Petitions for review of this 
rule were filed in the District of Columbia Circuit by a large number 
of entities including representatives of the regulated industry, 
States, and environmental groups. These petitions have been 
consolidated for purposes of judicial review but further litigation has 
been held in abeyance by court order.
    In March 2007, EPA granted Sierra Club's administrative petition to 
reconsider the standards for mercury and total hydrocarbons, the 
decision that no further controls for HCI are required, and the 
decision not to set beyond-the-floor standards for mercury or for total 
hydrocarbons. EPA had itself already granted reconsideration sua sponte 
of the new source standard for mercury. 71 FR 76553 (Dec. 20, 2006).
    EPA has negotiated a proposed settlement agreement with the various 
petitioners. Under the proposed settlement agreement, EPA agrees that 
it will prepare a notice of proposed rulemaking which will address all 
the issues raised in Sierra Club's petition for reconsideration. This 
notice is to be signed no later than March 31, 2009, EPA is to take 
final action concerning the notice of proposed rulemaking no later than 
March 31, 2010. The sole remedy under the proposed settlement agreement 
should EPA fail to propose or take final action by these dates is for 
any of the petitioners to withdraw their consent to any order of the DC 
Circuit Court of Appeals holding the litigation in abeyance and to move 
the court to vacate any such order.
    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 are not parties or 
intervenors to the litigation. EPA or the Department of Justice may 
withdraw or withhold consent to the proposed 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?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2009-0026) contains a copy of the proposed 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 
https://www.regulations.gov. You may use the https://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, 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 in paper, will be made available 
for public viewing online at https://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 https://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 https://
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: January 16, 2009.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E9-1592 Filed 1-23-09; 8:45 am]
BILLING CODE 6560-50-P

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