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Proposed Settlement Agreement, Clean Air Petition for Review 


[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Notices]
[Page 46224-46225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-61]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8456-6]

Proposed Settlement Agreement, Clean Air Petition for Review

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 (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given
of a proposed settlement agreement, to address a lawsuit filed by the
Ingersoll-Rand Company in the U.S. Court of Appeals for the District of
Columbia Circuit. Ingersoll-Rand Co. v. United States Environmental
Protection Agency, No. 98-1597 (DC Cir.). Ingersoll-Rand's petition for
review challenges EPA rules establishing standards for certain nonroad
diesel engines. 63 FR 58967 (Oct. 23, 1998) (so-called Tier III
standards). Under the terms of the proposed settlement agreement, EPA
has agreed to propose rules (or issue direct final rules) amending the
Tier III standards to allow certain additional flexibilities for
equipment manufacturers which are not vertically integrated with the
nonroad diesel engine manufacturer.

DATES: Written comments on the proposed settlement agreement must be
received by September 17, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0738, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to oei.docket@epa.gov; 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 3334, 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 Word 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; fax number (202) 564-5653; e-mail address: 
silverman.steven@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    On October 23, 1998, EPA issued so-called Tier III standards for
nonroad diesel engines. These standards are based largely on within-
engine controls of emissions (as opposed to controls reflecting post-
engine, after treatment of emissions, which are the basis for the later
rules for these same engines promulgated on June 29, 2004 at 69 Fed.
Reg. 38958). Ingersoll-Rand Co. filed a timely petition for review in
the District of Columbia Circuit Court of Appeals challenging certain
of the Tier III standards. Under the proposed settlement agreement
decree, EPA would propose certain amendments to the Tier III standards,
and, if EPA adopts these (or substantially similar) amendments,
Ingersoll-Rand would move to dismiss its petition for review. The
amendments relate to providing increased potential flexibility for
equipment manufacturers which are not vertically integrated with engine
suppliers if such an equipment manufacturer demonstrates to EPA that it
is unable to complete redesign of the equipment within the time
required by the Tier III rule due to technical or engineering hardship.
Specifically, the equipment manufacturer must show both that its
inability to furnish a compliant equipment design is due to the engine
supplier, and that the equipment manufacturer has exhausted other
flexibilities already provided by the Tier 3 rule. The proposed
provision is modeled after a parallel provision in the 2004 rules for
nonroad diesel engines (40 CFR 1039.625 (m)), but the amount of relief
would be somewhat less than is available under that parallel provision.
    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 decree from persons who were not
parties or intervenors to the litigation in question. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
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 determines, 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
Agreement

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

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2007-0738) contains a copy of the proposed 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 3334, 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
http://www.regulations.gov. You may use the www.regulations.gov 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 online at http://www.regulations.gov 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 the 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.

[[Page 46225]]

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.
    Use of the http://www.regulations.gov Web site 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
http://www.regulations.gov, 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: August 9, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-16254 Filed 8-16-07; 8:45 am]
BILLING CODE 6560-50-P

 
 

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