Proposed Settlement Agreement, Clean Air Act Citizen Suit
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.
Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Determination of Attainment of the Ozone Standard
The EPA is proposing to determine that the Boston-Manchester- Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area has attained the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon certified ambient air monitoring data that show the area has monitored attainment of the 8- hour ozone NAAQS since the 2002-2004 monitoring period, and continues to monitor attainment of the NAAQS based on 2004-2006 data. In addition, quality controlled and quality assured ozone data for 2007 that are available in the EPA Air Quality System database, but not yet certified, show this area continues to attain the 8-hour ozone NAAQS. If this proposed determination is made final, the requirements for this area to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans related to attainment of the 8-hour ozone NAAQS shall be suspended for so long as the area continues to attain the ozone NAAQS.
National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries
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.