[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Notices]
[Page 16374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8297]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7168-3]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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

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 Aluminum Association v. U.S. EPA, No. 00-1211 
(D.C. Circuit). This case concerns the National Emission Standard for 
Hazardous Air Pollutants for Secondary Aluminum Production, 40 CFR part 
63, subpart RRR, published at 65 FR 15710 on March 23, 2000. The 
proposed settlement agreement was lodged with the United States Court 
of Appeals for the District of Columbia Circuit on April 1, 2002.

DATES: Written comments on the proposed settlement agreement must be 
received by May 6, 2002.

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 20004. A copy of the proposed settlement agreement is 
available from Phyllis J. Cochran, (202) 564-7606. A copy of the 
proposed settlement agreement was also lodged in the case with the 
Clerk of the United States Court of Appeals for the District of 
Columbia Circuit on April 1, 2002.

SUPPLEMENTARY INFORMATION: EPA promulgated the National Emission 
Standard for Hazardous Air Pollutants for Secondary Aluminum 
Production, 40 CFR Part 63, Subpart RRR, on March 23, 2000. 65 FR 
15710. The Aluminum Association filed a timely petition for review and 
settlement discussions followed.
    The proposed settlement agreement provides that some revisions to 
Subpart RRR will be made by a proposed rule, and some more urgent 
revisions will be made by a direct final rule. The proposed rule and 
direct final rule are to be signed by the EPA Administrator by May 10, 
2002, and final action on the proposed rule is due by December 13, 
2002.
    One issue addressed by the settlement agreement is the desire of 
the Petitioner to allow for different sources within a secondary 
aluminum facility to be ducted to the same emission controls. The 
existing rule expressly provides for emission averaging within a 
secondary aluminum processing unit or SAPU, an affected source which 
may include multiple emission units. However, due to statutory 
constraints, the rule does not permit new emission units to be included 
in the same SAPU with existing emission units. The amendments to be 
proposed address this issue in two ways: (1) By permitting existing 
emission units to be redesignated as new, and (2) by establishing 
criteria which would permit compliance demonstrations for other 
commonly ducted units.
    The proposed rule also includes alternative procedures for adoption 
of an operation, maintenance, and monitoring (OM&M) plan, and technical 
amendments addressing compliance by unvented in-line flux boxes, 
compliance by sidewell furnaces, procedures for conducting performance 
tests, alternative monitoring methods, and recordkeeping for flux boxes 
which do not use reactive flux. The direct final rule will be used to 
resolve confusion in the structure of the current rule concerning 
compliance dates, and to defer a few early compliance obligations which 
would otherwise come due before the principal rulemaking process can be 
concluded.
    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 
settlement 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 determine, 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.

    Dated: April 1, 2002.
Alan W. Eckert,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-8297 Filed 4-4-02; 8:45 am]
BILLING CODE 6560-50-U