[Federal Register Volume 66, Number 122 (Monday, June 25, 2001)]
[Notices]
[Page 33682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15883]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7000-4]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

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 that was filed with the United States Court of 
Appeals for the Ninth Circuit by the United States Environmental 
Protection Agency (EPA) on May 25, 2001, to address a lawsuit filed by 
the Arizona Mining Association (AMA). AMA filed a petition for review 
pursuant to section 307(b) of the Act, 42 U.S.C. 7607(b) challenging 
one of EPA's bases for granting interim, rather than full, approval of 
the Arizona title V operating permits program. EPA based its interim 
approval in part on overbroad provisions addressing excess emissions. 
Thus, EPA provided that to receive full approval, the Arizona 
Department of Environmental Quality (ADEQ) would need, among other 
corrections, to modify the excess emissions provisions to be consistent 
with EPA's title V program regulations (40 CFR part 70). Arizona Mining 
Association v. EPA, No. 97-70007 (Ninth Cir.).

DATES: Written comments on the proposed settlement agreement must be 
received by July 25, 2001.

ADDRESSES: Written comments should be sent to Ginger Vagenas, Permits 
Office (Air-3), Air Division, U.S. Environmental Protection Agency, 75 
Hawthorne Street, San Francisco, CA 94105. (415) 744-1252. Copies of 
the proposed settlement agreement are available from Ms. Vagenas. A 
copy of the proposed settlement agreement was filed with the Clerk of 
the United States Court of Appeals for the Ninth Circuit on May 25, 
2001.

SUPPLEMENTARY INFORMATION: Under title V of the CAA, EPA promulgated 
regulations specifying the requirements for state operating permit 
programs. ADEQ submitted its program to EPA for approval on November 
15, 1993. On October 30, 1996, pursuant to section 502(g)of the Act, 42 
U.S.C. 7661a(g), EPA granted interim approval of ADEQ's title V 
permitting program, citing several corrections that ADEQ would have to 
make before EPA could grant full approval. Included in that list was a 
requirement that ADEQ revise its excess emissions provisions to be 
consistent with those set out in EPA's operating permit regulations (40 
CFR part 70). AMA objected and sought review of this aspect of EPA's 
final action.
    The proposed settlement agreement provides that, within 9 months of 
ADEQ's submission of its revised excess emissions rule in the form of a 
state implementation plan (SIP) revision, EPA will take final action on 
this submission. Upon execution of this settlement agreement, EPA and 
AMA will file a joint motion with the Court to stay all proceedings 
pending EPA's final action on the ADEQ SIP revision. When EPA has taken 
final action on the SIP revision, the Parties will jointly move to 
dismiss the petition with prejudice. AMA agrees to promptly petition 
ADEQ to submit a revision to its title V program removing Rule 310 if 
EPA takes final action to approve Rule 310 into the SIP.
    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 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 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, following the comment period, that 
consent is inappropriate, the settlement agreement will be final.

    Dated: June 12, 2001.
Richard B. Ossias,
Acting Associate General Counsel.
[FR Doc. 01-15883 Filed 6-22-01; 8:45 am]
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