[Federal Register Volume 67, Number 161 (Tuesday, August 20, 2002)]
[Notices]
[Page 53923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21197]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7263-1]


Proposed Settlement Agreement, Clean Air Act Petition for Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement providing for a 
proposal to find that the Wallula, Washington PM-10 Nonattainment Area 
attained the PM-10 NAAQS by December 31, 2001, and related matters.

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

SUMMARY: EPA hereby gives notice of a proposed Settlement Agreement in 
the case entitled The Port of Walla Walla and The Boise Cascade Corp. 
v. EPA and Christine Todd Whitman, Administrator, No. 01-70576 (9th 
Cir.). EPA issues this notice in accordance with section 113(g) of the 
Clean Air Act, as amended (the ``Act''), 42 U.S.C. 7413(g), which 
requires EPA to give notice and provide an opportunity for public 
comment on proposed settlement agreements.
    The litigation challenges EPA's previous finding that the Wallula, 
Washington Nonattainment Area failed to attain the National Ambient Air 
Quality Standards (``NAAQS'') for particulate matter with an 
aerodynamic diameter of less than or equal to 10 microns (``PM-10'') by 
December 31, 1997, the attainment date for moderate PM-10 nonattainment 
areas. EPA published this finding at 66 FR 9663 (February 9, 2001). The 
Boise Cascade Corporation and the Port of Walla Walla filed a petition 
for review of this EPA action under section 307(b)(1) of the Act, 42 
U.S.C. 7607(b)(1).
    The proposed Settlement Agreement provides that EPA will undertake 
a rulemaking that will propose to find that the Wallula area did attain 
the PM-10 NAAQS by December 31, 2001, the attainment date for serious 
area PM-10 nonattainment areas, based upon a proposed finding that the 
exceedences of the PM-10 standards that occurred on certain dates were 
the result of natural events.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will accept written comments relating to the 
proposed Settlement Agreement from persons who are not named as parties 
or interveners to this litigation. EPA or the Department of Justice may 
withhold or withdraw consent to the proposed Settlement Agreement if 
the comments disclose facts or circumstances that indicate 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 Donna 
Deneen, Office of Air Quality, QAQ-107, 1200 Sixth Avenue, Seattle, 
Washington 98101, telephone (206) 553-6706. Written comments should be 
sent to Julie Vergeront, Esq., Office of Regional Counsel, ORC-158, 
1200 Sixth Avenue, Seattle, Washington 98101, telephone (206) 553-1497. 
Comments must be submitted on or before September 19, 2002.

Lisa K. Friedman,
Associate General Counsel.
[FR Doc. 02-21197 Filed 8-19-02; 8:45 am]
BILLING CODE 6560-50-P