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E-M:/ Cement Plant mercury emissions

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

here is the settlement that Huron Environmental Activist
League and Earthjustice pushed through to control mercury 
emissions from cement plants....prodded by the mercury 
emissions from Lafarge in Alpena that come from using 
canadian power plant flyash as a raw material for klinker.


[Federal Register: January 26, 2009 (Volume 74, Number 15)]
[Page 4433-4434]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Proposed Settlement Agreement, Clean Air Petition for Review

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Settlement Agreement; Request for Public


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 petitions for review
filed by the Sierra Club, Desert Citizens Against Pollution,
Downwinders At Risk, Friends of Hudson, Huron Environmental Activist
League, Montanans Against Toxic Burning, the Portland Cement
Association, the State of New York, the State of Connecticut, the State
of Delaware, the State of Illinois, the State of Maryland, the
Commonwealth of Massachusetts, the State of Michigan Department of
Environmental Quality, the State of New Jersey, and the Commonwealth of
Pennsylvania Department of Environmental Protection (collectively
``Petitioners'') in the U.S. Court of Appeals for the District of
Columbia Circuit. Portland Cement Association v. United States
Environmental Protection Agency, No. 07-1046 and consolidated Nos. 07-
1048, 07-1049, and 07-1052. The various petitions for review challenge
an EPA rule entitled ``National Emission Standards for Hazardous Air
Pollutants from the Portland Cement Manufacturing Industry,'' published
at 71 FR 76518 (Dec. 20, 2006) (``2006 Rule''). EPA has negotiated a
proposed settlement agreement with the petitioners. Under the terms of
the proposed settlement agreement, EPA has agreed to sign a notice of
proposed rulemaking described in paragraph 1 of the agreement no later
than March 31, 2009. EPA has agreed to take final action concerning the
notice of proposed rulemaking described in paragraph 1 of the agreement
no later than March 31, 2010.

DATES: Written comments on the proposed settlement agreement must be
received by February 25, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0026, online at <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A> (EPA's preferred
method); by e-mail to <A HREF="mailto:oei.docket@epa.gov";>oei.docket@epa.gov</A>; by mail 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:
<A HREF="mailto:silverman.steven@epa.gov";>silverman.steven@epa.gov</A>.


[[Page 4434]]

I. Additional Information About the Proposed Settlement Agreement

    On December 20, 2006, EPA issued the 2006 Rule which establishes
emission standards pursuant to section 112(d) of the Act for mercury
and total hydrocarbons from new and existing Portland cement kilns. The
2006 Rule does not establish further controls for hydrogen chloride
(``HCI'') emissions because EPA concluded that present controls on
Portland cement kilns' emissions of HCI are already protective of human
health with an ample margin of safety. Petitions for review of this
rule were filed in the District of Columbia Circuit by a large number
of entities including representatives of the regulated industry,
States, and environmental groups. These petitions have been
consolidated for purposes of judicial review but further litigation has
been held in abeyance by court order.
    In March 2007, EPA granted Sierra Club's administrative petition to
reconsider the standards for mercury and total hydrocarbons, the
decision that no further controls for HCI are required, and the
decision not to set beyond-the-floor standards for mercury or for total
hydrocarbons. EPA had itself already granted reconsideration sua sponte
of the new source standard for mercury. 71 FR 76553 (Dec. 20, 2006).
    EPA has negotiated a proposed settlement agreement with the various
petitioners. Under the proposed settlement agreement, EPA agrees that
it will prepare a notice of proposed rulemaking which will address all
the issues raised in Sierra Club's petition for reconsideration. This
notice is to be signed no later than March 31, 2009, EPA is to take
final action concerning the notice of proposed rulemaking no later than
March 31, 2010. The sole remedy under the proposed settlement agreement
should EPA fail to propose or take final action by these dates is for
any of the petitioners to withdraw their consent to any order of the DC
Circuit Court of Appeals holding the litigation in abeyance and to move
the court to vacate any such order.
    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 are not parties or
intervenors to the litigation. 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

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-2009-0026) 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
<A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>. You may use the <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>
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 <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A> 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

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
    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 <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A> 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 <A HREF="http://www.regulations.gov";>http://
www.regulations.gov</A>, 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: January 16, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-1592 Filed 1-23-09; 8:45 am]

Comments: http://www.epa.gov/fedrgstr/comments.htm
Search: http://epa.gov/fedreg/search.htm
EPA's Federal Register: http://epa.gov/fedreg/

Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy, 
Expert Witness Review and Litigation Investigation on Air, Water and 
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf 

657 Spartan Avenue,  East Lansing, MI  48823  
(517) 332-6971; ajs@sagady.com

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