Environmental Protection Agency February 7, 2008 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a lawsuit filed by the Battery Council International (``BCI'') in the United States Court of Appeals for the District of Columbia Circuit: Battery Council International v. EPA, No. 07-1364 (D.C. Cir.). On September 13, 2007, BCI filed a petition for review challenging regulations promulgated by EPA in a final rule entitled ``National Emission Standards for Hazardous Air Pollutants for Area Sources: Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving'' published at 72 FR 38864 (July 16, 2007) (the ``Battery NESHAP''). Specifically, BCI is challenging the Lead Acid Battery Manufacturing NESHAP regarding the scope of the performance test requirement in Subpart PPPPPP, 40 CFR 63.11423(c)(1). Under the terms of the proposed settlement agreement, EPA shall sign a notice of proposed rulemaking and/or direct final rulemaking that contains a technical amendment to the Battery NESHAP that is substantially the same in substance as set forth in Attachment A of the proposed settlement agreement.

EPA is issuing amendments to the national emission standards for hazardous air pollutants (NESHAP) for iron and steel foundries. These final amendments add alternative compliance options for cupolas at existing foundries and clarify several provisions to increase operational flexibility and improve understanding of the final rule requirements.