[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Notices]
[Pages 1845-1846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-738]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7438-3]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency.

[[Page 1846]]


ACTION: Notice of proposed settlement agreement; request for public 
comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended, 42 U.S.C. 7413(g), notice is hereby given of a proposed 
settlement agreement in the following case: Communities for a Better 
Environment, et al. v. U.S. EPA, No. 02-70191 (9th Circuit). This case 
concerns the U.S. Environmental Protection Agency's (EPA) full approval 
of the part 70 operating permit program for the Bay Area Air Quality 
Management District in the State of California, published at 66 FR 
63503 (December 7, 2001). The proposed settlement agreement was signed 
by the last party on January 7, 2003.
    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withdrawn, the terms of the agreement will be affirmed.

DATES: Written comments on the proposed settlement agreement must be 
received by February 13, 2003.

ADDRESSES: Written comments should be sent to Paul Cort, Office of 
Regional Counsel, U.S. EPA (ORC-2), 75 Hawthorne Street, San Francisco, 
CA 94105. A copy of the proposed settlement agreement is available on 
EPA's webpage at http://www.epa.gov/region09/air/index.html. You may 
also obtain a copy from David Wampler, Region IX Air Permits Office, 
U.S. EPA (AIR-3), 75 Hawthorne Street, San Francisco, CA 94109, (415) 
972-3975.

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). 
Communities for a Better Environment and Our Children's Earth 
Foundation filed petitions challenging EPA's approval of the Bay Area 
Air Quality Management District (``BAAQMD'' or ``District'') part 70 
program. Petitioners alleged deficiencies in the District's program 
related to the exemption for portable equipment and the definition of 
``administrative permit amendment.'' The parties engaged in settlement 
discussions and entered the Ninth Circuit Mediation Program.
    The proposed settlement agreement outlines rulemaking actions and 
deadlines to be met by the District. If the District fails to take any 
of the outlined actions or fails to meet any of the specified 
deadlines, the settlement agreement provides that EPA will send a 
proposed Notice of Deficiency (NOD) for publication to the Office of 
the Federal Register no later than 30 days from the relevant deadline. 
After considering comment on the proposed NOD, EPA shall forward to the 
Office of Federal Register a final rulemaking on the NOD within 90 days 
after publication of the proposal.
    As appropriate, the proposed NOD will inform the District that the 
portable engine exemption in BAAQMD Rule 2-6-113 must be revised to be 
consistent with the term ``stationary source'' as it is defined in the 
Clean Air Act, 42 U.S.C. 7602(z), and EPA's implementing regulations, 
40 CFR 70.2, as well as the definition of ``nonroad engine'' at 40 CFR 
89.2. In addition, if applicable, the notice of proposed rulemaking 
shall inform the District that the definition of ``administrative 
permit amendment'' in BAAQMD Rule 2-6-201 must be revised to be 
consistent with the definition of ``administrative permit amendment'' 
set forth in 40 CFR 70.7(d)(i)--(iv).

    Dated: January 7, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 03-738 Filed 1-13-03; 8:45 am]
BILLING CODE 6560-50-P