[Federal Register: November 18, 2003 (Volume 68, Number 222)]
[Notices]
[Page 65051-65052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no03-58]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7587-8]
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 and stipulation modifying the settlement
agreement, to address two lawsuits filed by Association of Irritated
Residents and Medical Advocates for Healthy Air (``Petitioners''): No.
03-71973 (9th Circuit). Pursuant to section 307(b)(1) of the Clean Air
Act Petitioners filed petitions for review of EPA documents
implementing a federal title V permitting program for agricultural
sources in California and setting guidelines for permit applications
for major sources due to diesel engine emissions. Under the terms of
the proposed settlement agreement EPA would withdraw these documents
from EPA's Region 9 Web site and publish revised national guidance that
is non-binding. The proposed stipulation would remove this last
requirement.
DATES: Written comments on the proposed stipulation of settlement
agreement must be received by December 18, 2003.
ADDRESSES: Submit your comments, identified by docket ID number OGC-
2003-0002, online at http://www.epa.gov/edocket (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 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: Apple Chapman, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
telephone: (202) 564-7606.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement Agreement and
Stipulation Modifying the Settlement Agreement
Petitioners allege that the title V permit application guidance EPA
published for agricultural sources in California excludes, without
rulemaking, certain agricultural major sources of air pollution from
regulation.
The settlement agreement provides that: (1) EPA will file an
Unopposed Motion for Voluntary Remand with the Ninth Circuit Court of
Appeals and that within five days of a court order granting this
motion, EPA will withdraw the guidance documents and remove them from
the Region 9 website; (2) EPA will publish new, nonbinding nationwide
guidance that better explains a facility's ``potential to emit'' (PTE)
in the context of diesel engines used as agricultural pumps; and (3)
EPA will publish a notice establishing a new Title V permit application
deadline of November 13, 2003, for sources in California that are
subject to Title V regulation under the new PTE guidance.
On September 22, 2003, the Governor of the State of California
signed legislation removing the agricultural exemption that prevented
full approval of 34 Title V programs in the State. On October 8, 2003,
the EPA proposed to approve this revision to 34 Title V programs in the
State of California. In light of the expected final action to approve
the State program revisions, the Parties have agreed that EPA PTE
guidance is not required at this time. Therefore, the stipulation
amending the settlement agreement would remove EPA's obligation to
publish new, nonbinding guidance. Final action of the proposal to
approve the revisions to the 34 California Title V programs will also
terminate EPA's implementation of a part 71 Federal operating permit
program for State-exempt major stationary agricultural sources within
the jurisdiction of the 34 California air districts. Accordingly, the
stipulation also removes the requirement that EPA establish a new Title
V permit application deadline of November 13, 2003.
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 and stipulation amending the
agreement from persons who were not named as parties or interveners to
the litigation in question. EPA or the Department of Justice may
withdraw or withhold consent to the proposed settlement agreement and
stipulation 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 and stipulation
should be withdrawn, the terms of the agreement will be affirmed.
II. Additional Information About Commenting on the Proposed Settlement
Agreement and Stipulation
A. How Can I Get a Copy of the Settlement Agreement?
EPA has established an official public docket for this action under
Docket ID No. OGC-2003-0002 which contains a copy of the settlement
agreement and stipulation amending the 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 B102,
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center
Public Reading Room is open
[[Page 65052]]
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: November 12, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of
General Counsel.
[FR Doc. 03-28785 Filed 11-17-03; 8:45 am]
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