FRL-9615-8] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA).January 3rd, 2012
FiledJanuary 3rd, 2012ACTION: Notice of Proposed Settlement Agreement; Request for Public Comment. 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 lawsuits filed by EnerNOC, Inc., EnergyConnect, Inc., CPower, Inc., and Innoventive Power, LLC (“Petitioners”) in the United States Court of Appeals for the District of Columbia Circuit: EnerNOC, et al v. EPA, No. 10-1090 (D.C. Cir.) and EnerNOC, et al v. EPA, No. 10-1336 (D.C. Cir.). Petitioners filed for review of two EPA rulemakings that revised the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (the RICE NESHAP). Under the terms of the proposed settlement agreement, by April 20, 2012, the Agency will sign a notice of proposed rulemaking that includes a proposal to revise the RICE NESHAP and the stationary internal combustion engine new source performance standards (ICE NSPS) to all