[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35812-35813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12708]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7214-5]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; request for public 
comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended,

[[Page 35813]]

42 U.S.C. 7413(g), notice is hereby given of a proposed settlement 
agreement in the following consolidated cases: Assoc. of Irritated 
Residents, et al. v. U.S. EPA, et al. No. 02-70160, Medical 
Alliance for Healthy Air, et al. v. Whitman, et al., No. 
02-70177, Communities for a Better Environment v. U.S. EPA, No. 
02-70191 (9th Circuit). These cases concern the U.S. 
Environmental Protection Agency's (EPA) full approval of the part 70 
operating permit programs in 34 air districts in the State of 
California, published at 66 FR 63503 (December 7, 2001). The proposed 
settlement agreement was signed by the last party on May 14, 2002.

DATES: Written comments on the proposed settlement agreement must be 
received by June 20, 2002.

ADDRESSES: Written comments should be sent to Carol S. Holmes, Air and 
Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. A copy of the proposed settlement agreement is 
available on EPA's Web Page at http://www.epa.gov/region09/air. You may 
also obtain a copy from Phyllis J. Cochran, (202) 564-7606.

SUPPLEMENTARY INFORMATION:
    EPA granted full approval of the 34 California part 70 operating 
permit programs (also known as "title V" permit programs) 
on November 29, 2001. 66 FR 63503 (December 7, 2001). The following 
groups of petitioners filed a timely petition for review: (1) 
Association of Irritated Residents (AIR) and Communities for Land, Air 
and Water (CLAW); (2) Natural Resources Defense Council (NRDC), Sierra 
Club, Medical Alliance for Healthy Air; and (3) Citizens for a Better 
Environment (CBE) and Our Children's Earth Foundation (OCEF). 
Petitioners challenged EPA's action due to California Health and Safety 
Code section 42310(e), which provides in relevant part that "a 
permit shall not be required for * * * * (e) any 
equipment used in agricultural operations in the growing of crops or 
the raising of fowl or animals * * * ." 
(Petitioners CBE and OCEF made additional challenges to the Bay Area 
Air Quality Management District part 70 program that are not a part of 
this proposed settlement agreement.) The parties engaged in settlement 
discussions and entered the Ninth Circuit Mediation Program.
    The proposed settlement agreement provides that EPA will send a 
Notice of Deficiency (NOD) for publication to the Office of the Federal 
Register by May 15, 2002. Such NOD will provide notice to the State of 
California that the 34 local air districts covered by the December 2001 
rule are not adequately administering or enforcing their part 70 
programs because the districts lack adequate authority to issue permits 
to, and assure compliance by, all major agricultural sources required 
to have a permit under Title V of the Clean Air Act as a result of the 
exemption in section 42310 of the California Health and Safety Code. 
The proposed settlement agreement also provides that no later than July 
19, 2002, the Regional Administrator of EPA Region 9 shall sign and 
forward to the Office of the Federal Register a Notice of Proposed 
Rulemaking ("NPRM") that will propose, pursuant to 40 CFR 
70.10(b)(2)(i), to partially withdraw approval of those portions of the 
34 part 70 programs that relate to major sources using equipment 
involved in the growing of crops or raising of fowl or animals that 
would be subject to Title V but for the state agricultural exemption 
("state-exempt agricultural sources"). In such NPRM, the 
Regional Administrator also shall propose that EPA will implement a 
partial federal operating permits program under 40 CFR part 71 
("Part 71 program") for major state-exempt agricultural 
sources. A signed, final rule must to sent to the Office of the Federal 
Register no later than October 2, 2002. Finally, the proposed 
settlement agreement sets forth application deadlines for sources 
subject to the part 71 federal permit program in the event the final 
rule implements such a program, as well as the deadline for EPA to act 
on any such part 71 permit applications.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA 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, 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.

    Dated: May 14, 2002.
Alan W. Eckert,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-12708 Filed 5-20-02; 8:45 am]
BILLING CODE 6560-50-P