[Federal Register Volume 69, Number 107 (Thursday, June 3, 2004)]
[Notices]
[Pages 31372-31374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12555]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7669-8]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement, to address a lawsuit filed by AISI/ACCCI 
Coke Oven Environmental Task Force (``COETF''): AISI/ACCCI Coke Oven 
Environmental Task Force v. U.S. Environmental Protection Agency, No. 
03-1167 (DC Cir.). Petitioners challenged EPA's final rule entitled 
``National Emission Standards for Hazardous Air Pollutants for Coke 
Ovens: Pushing, Quenching, and Battery Stacks,'' published at 68 FR 
18008

[[Page 31373]]

(April 14, 2003), including emission limitations and work practice 
requirements for the control of hazardous air pollutants from pushing, 
quenching, soaking, and battery stacks at new and existing coke oven 
batteries. Under the terms of the proposed settlement agreement, 90 
days after review of public comments received in response to this 
Notice, EPA will sign and submit for publication in the Federal 
Register a notice of proposed rulemaking to amend the Rule as set forth 
in Attachment A to this Agreement. Within 120 days after the close of 
the comment period on the proposal, EPA shall sign and submit for 
publication in the Federal Register a notice setting forth the 
Administrator's final decision on the issues covered by the proposal.

DATES: Written comments on the proposed settlement agreement must be 
received by July 6, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0004, online at http://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to [email protected]; mailed 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 B102, 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 Wordperfect 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.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    Petitioners raise issues concerning: (a) The provisions requiring 
owners/operators of coke plants having a ``pushing emission control 
device'' (``PECD'') to install, operate and maintain devices to monitor 
daily average fan motor amps, (or volumetric flow rate at the inlet of 
the control device and maintain daily average volumetric flow rate) at 
or above minimum levels established during initial performance tests 
(40 CFR 63.7290, 63.7323(c), 63.7326(a)(4), 63.73330(d), 63.7331(g) and 
(h)); and (b) the provisions requiring monthly inspections of pressure 
senors, dampers, damper switches and other equipment important to the 
performance of the total emissions capture system and requiring that a 
facility's operation and maintenance plan include requirements to 
repair any defect or deficiency in the capture system before the next 
scheduled inspection (40 CFR 63.7300(c)(1)).
    EPA and Petitioners (collectively, the ``Parties'') will jointly 
notify the Court that following the notice and comment period of this 
notice, the Parties anticipate that certain revisions to the Rule, if 
incorporated by EPA, will resolve COETF's challenge in this litigation. 
The Parties will jointly request that the Court's September 17, 2003 
order remain in place and that the COETF's petition be held in abeyance 
pending implementation of, and subject to, the terms of this Settlement 
Agreement. Within 90 days after review of public comments received in 
response to this Notice, EPA will sign and submit for publication in 
the Federal Register a notice of proposed rulemaking to amend the Rule 
as set forth in Attachment A to this Agreement. Within 120 days after 
the close of the comment period on the proposal, EPA shall sign and 
submit for publication in the Federal Register a notice setting forth 
the Administrator's final decision on the issues covered by the 
proposal.
    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 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.

II. Additional Information About Commenting on the Proposed Settlement

A. How Can I Get A Copy Of the Settlement?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2004-0004 which contains a copy of the 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 B102, 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 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ 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 in EPA's electronic public docket as EPA receives 
them and 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 EPA's 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

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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.
    Your use of EPA's electronic public docket 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 EPA's 
electronic public docket, 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: May 24, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 04-12555 Filed 6-2-04; 8:45 am]
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