Proposed
Settlement Agreement, Clean Air Act Petition for Review
Subject: Proposed Settlement Agreement, Clean Air Act Petition for Review
Date:
Mon, 4 Feb 2002 03:34:12 -0500
From: Stephen Tvedten <steve@getipm.com>
Organization: Get Set Inc. (www.getipm.com)
To: Paul Helliker <phelliker@cdpr.ca.gov>
Director, State of
California, Department of Pesticide Regulation
cc: Christine Whitman whitman.christine@epa.gov
http://www.epa.gov/fedreg/
======================================================
[Federal
Register: February 4, 2002 (Volume 67, Number 23)]
[Notices]
[Page 5116-5117]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe02-58]
=======================================================================
ENVIRONMENTAL PROTECTION AGENCY
[FRL-7137-5]
Proposed
Settlement Agreement, Clean Air Act Petition for Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement providing
for rulemaking to amend regulations issued pursuant to
section 112(d) of the Clean Air Act.
-----------------------------------------------------------------------
SUMMARY: EPA hereby gives notice of a proposed settlement
agreement in the cases entitled American Crop Prot. Ass'n v. EPA, No. 99-1332
and BASF Corp. v. EPA, No 99-1334 (D.C. Cir.). EPA issues this notice in
accordance with section 113(g) of the Clean Air Act (the ``Act''), 42 U.S.C.
7413(g),which requires EPA to give notice and provide an opportunity for public
comment on proposed settlement agreements.
The litigation challenges EPA's promulgation of the final
rule entitled National Emissions Standards for Hazardous Air Pollutants:
Pesticide Active Ingredient Production (``PAI NESHAP'' or the ``rule''). 64 FR
33550 (June 23,
1999). Petitioners the American Crop Protection Association and BASF Corp.
filed petitions for review of the rule
under section 307(b) of the Act, 42 U.S.C. 7607(b).
The proposed Settlement Agreement provides that EPA will
undertake a rulemaking to amend the PAI NESHAP.
Among the rulemaking commitments, the Settlement Agreement
calls for EPA to clarify applicability of the rule to ``reconstructed'' sources,
make technical corrections to performance testing requirements, and amend
standards and applicability provisions related to wastewater units and storage
tanks covered by the rule. A copy of the proposed Settlement Agreement is
available from Phyllis Cochran, Air and Radiation Law Office (2344A), Office of
General Counsel, U.S. Environmental Protection Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, (202) 564-5566.
For a period of thirty (30) days following the date of
publication of this notice, EPA will accept written comments regarding the
proposed Settlement Agreement from persons who are not named as parties or
intervenors to this litigation. Written comments should be sent to Paul R. Cort,
at the above address and must be submitted on or before March 6, 2002.
[[Page 5117]]
EPA or the Department of Justice may withhold or withdraw
consent to the proposed Settlement Agreement if the comments disclose facts or
circumstances that indicate the agreement is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Act. Unless EPA or the
Department of Justice makes such a determination following the comment period,
EPA will take the actions set forth in the Settlement Agreement.
Dated: January 29, 2002.
Alan W. Eckert,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-2609 Filed 2-1-02; 8:45 am]
BILLING CODE 6560-50-P ------------------------------
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