[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Notices]
[Pages 55524-55525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23649]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6869-6]
Proposed Settlement Agreement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; 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 a proposed
settlement agreement in American Foundrymen's Society, et al. v. EPA,
Civ. No. 00-1208 (D.C. Cir.), a case filed by the American Foundrymen's
Society, the North American Die Casting Association, and the Non-
Ferrous Founders' Society (``Petitioners''). This case concerns the
National Emission Standard for Hazardous Air Pollutants for Secondary
Aluminum Production (65 FR 15690, March 23, 2000). The proposed
settlement agreement was lodged with the United States Court of Appeals
for the District of Columbia Circuit on July 31, 2000.
DATES: Written comments on the proposed settlement agreement must be
received by October 16, 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, NW,
Washington, DC 20460. Copies of the proposed settlement agreement are
available from Phyllis J. Cochran, (202) 564-7606. A copy of the
proposed settlement agreement was also lodged with the Clerk of the
United States Court of Appeals for the District of Columbia Circuit on
July 31, 2000.
FOR FURTHER INFORMATION CONTACT: On March 23, 2000, EPA published a
final National Emission Standard for Hazardous Air Pollutants
(``NESHAP'') for Secondary Aluminum Production establishing Maximum
Achievable Control Technology (``MACT'') requirements for this source
category. (40 part 63, subpart RRR, 65 FR 15690) As promulgated, this
standard applies to certain major and area source aluminum foundries
and aluminum die casting facilities. However, in the preamble to the
final rule, we stated our intention to remove aluminum foundries and
aluminum die casters from subpart RRR and to develop alternate MACT
requirements for these sources. We intend to collect further
information from all such facilities using our authority under CAA
section 114, 42 U.S.C. 7414, and to make a new determination concerning
the MACT floor and MACT requirements for these facilities based on this
information. We are preparing an Advance Notice of Proposed Rulemaking
(``ANPR'') announcing our intention to develop alternate MACT
requirements for aluminum foundries and die casters, and a Proposed
Rule to stay the effectiveness of Subpart RRR as applied to aluminum
foundries and die casters during the pendency of the MACT rulemaking.
On May 16, 2000, the Petitioners filed a petition in the D.C.
Circuit Court of Appeals for judicial review of the Secondary Aluminum
NESHAP, which was docketed as American Foundrymen's Society et al. v.
EPA, Civ. No. 00-1208. However, the parties in that action are in
agreement that the issuance of a proposed rule to adopt alternate MACT
requirements for aluminum foundries and die casters and a final rule to
stay Subpart RRR as applied to these facilities should make the present
petition for review moot and result in voluntary dismissal of the
petition. Accordingly, the parties negotiated a settlement agreement
describing the elements of this process,
[[Page 55525]]
and have jointly moved the Court to hold the case in abeyance while the
agreement is finalized and implemented.
The proposed settlement agreement provides that EPA will issue an
ANPR announcing our intention to remove aluminum foundries and die
casters from subpart RRR and to propose alternative MACT requirements
for aluminum foundries and die casters, and a Proposed Rule to stay
subpart RRR with respect to such sources, within six weeks. The
agreement also provides that we will issue a Proposed Rule to remove
aluminum foundries and die casters from subpart RRR and to adopt
alternate MACT requirements for aluminum foundries and die casters, and
will take final action concerning the proposed stay of subpart RRR with
respect to such sources, within two years.
The agreement also allows individual foundries or die casters who
are subject to subpart RRR to satisfy their Initial Notification
requirements under 40 CFR 63.9 by timely submission of a portion of a
complete response to the Information Collection Request (``ICR'') that
we will be issuing to all aluminum foundries and die casters pursuant
to CAA section 114. In the agreement, the Petitioners agree to use
their best efforts to facilitate issuance of the ICR and the timely
submission of responses to it by the facilities that receive it. The
Petitioners also agree to cooperate with us to identify appropriate
facilities at which emission testing will be conducted.
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 agreement 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: August 31, 2000.
Anna L. Wolgast,
Acting for General Counsel.
[FR Doc. 00-23649 Filed 9-13-00; 8:45 am]
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