[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Notices]
[Pages 36383-36384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12449]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7926-4]


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 AK Steel 
Corp., American Iron and Steel Institute, International Steel Group, 
Inc., Ispat Inland, Inc., Rouge Steel Co., and WCI Steel, Inc. 
(collectively ``Petitioners''): AK Steel Corp, et al. v. EPA, No. 03-
1207 (D.C. Cir.). On or about July 18, 2003, Petitioners filed a 
petition for review challenging the EPA's final rule entitled 
``National Emissions Standards for Hazardous Air Pollutants: Integrated 
Iron and Steel Manufacturing'' published on May 20, 2003 (68 FR 27646). 
Rather than litigate, EPA and the petitioners have agreed that EPA will 
propose amendments to the rule. The substance of these proposed 
amendments is contained in an attachment to the settlement agreement, 
available from EPA.

DATES: Written comments on the proposed settlement agreement must be 
received by July 25, 2005.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0008 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

[[Page 36384]]

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 (2366A), 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 raised issues involving technical aspects of the final 
rule entitled ``National Emission Standard for Hazardous Air Pollutants 
for the integrated Iron and Steel Source Category'' published at 68 FR 
27646 (May 20, 2003) (``the Rule''). Rather than litigate these issues, 
EPA and the Petitioners have agreed that EPA will propose amendments to 
the rule.
    The settlement agreement provides that EPA will propose amendments 
to the rule by September 23, 2005. The text of these amendments is set 
out in Attachment A to the Settlement Agreement, and is available from 
EPA as provided below.
    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. As provided in 
section 113(g), 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-2005-0008 which contains a copy of the settlement. 
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 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: June 7, 2005.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office, Office 
of General Counsel.
[FR Doc. 05-12449 Filed 6-22-05; 8:45 am]
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