[Federal Register Volume 65, Number 219 (Monday, November 13, 2000)]
[Notices]
[Page 67742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28958]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6900-3]


Proposed Settlement Agreements on Regulations Under Section 126 
of the Clean Air Act Reducing Regional Transport of Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA hereby gives notice of three proposed Settlement 
Agreements regarding certain issues in the case entitled Appalachian 
Power v. EPA, Nos. 99-1200, et al. (D.C. Cir.). Specifically, the 
Settlement Agreements address issues in the following cases, 
consolidated with Appalachian Power v. EPA: Weyerhaeuser Co. v. EPA, 
No. 00-1126; West Virginia Manufacturers Ass'n, et al. v. EPA, Nos. 99-
1246 & 00-1125; West Virginia Chamber of Commerce et al. v. EPA, Nos. 
99-1205 & 00-1024; Birchwood Power Partners, et al. v. EPA, No. 00-
1116; Southern Energy Gen. L.L.C. v. EPA, No. 00-1117. EPA issues this 
notice in accordance with section 113(g) of the Clean Air Act, as 
amended (the ``ACT''), which requires EPA to give notice and provide an 
opportunity for public comment on proposed settlement agreements.
    The litigation concerns EPA's promulgation of two final rules under 
section 126 of the Act (collectively the ``section 126 rule'') 
pertaining to control of interstate transport of ozone. See 64 FR 28250 
(May 25, 1999); 65 FR 2674 (January 18, 2000). Under the section 126 
rule, certain upwind stationary sources of nitrogen oxides 
(NoX) emissions in twelve states and the District of 
Columbia must hold NOX emission allowances equivalent to the 
quantity of their NOX emissions. The section 126 rule 
allocates quantities of NOX allowances to each covered 
source. Various parties have filed petitions for review of the section 
126 rule under section 307(b)(1) of the Act. Several of these parties 
have raised claims that EPA incorrectly allocated NOX 
allowances to certain units under the section 126 rule and that the 
parties did not have the opportunity to comment on the incorrect 
allocations during the rulemaking process. The proposed Settlement 
Agreements provide that EPA will propose a rule to modify the allowance 
allocations for certain units and that the parties will dismiss these 
claims if EPA issues a final rule consistent with the proposed rule.
    Persons who were not named as parties or interveners to this 
litigation may submit written comments on the proposed settlement 
agreement to EPA. EPA will accept such comments for a period of thirty 
days from the date of publication of this notice. EPA or the Department 
of Justice may withhold or withdraw consent to the proposed Settlement 
Agreement if the comments disclose facts or circumstances that 
indicated that 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.
    A copy of the proposed Settlement Agreement is available from 
Phyllis Davis, 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. 
Written comments should be sent to Alexandra Teitz, Esq., at the above 
address and must be submitted on or before December 13, 2000.

    Dated: October 31, 2000.
Anna Wolgast,
Acting General Counsel.
[FR Doc. 00-28958 Filed 11-9-00; 8:45 am]
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