[Federal Register Volume 68, Number 25 (Thursday, February 6, 2003)]
[Notices]
[Page 6147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2934]



[[Page 6147]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7448-4]


Proposed Settlement Agreement, Clean Air Act Petition for Review

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. On December 18, 2001, the Sierra Club 
(``Sierra Club'') and Group Against Smog and Pollution, Inc. (``GASP'') 
filed a petition in the United States Court of Appeals for the Third 
Circuit for review of the Environmental Protection Agency's (``EPA'') 
final action redesignating the Pittsburgh-Beaver Valley Ozone 
Nonattainment Area (the ``Pittsburgh area'') to attainment of the one-
hour National Ambient Air Quality Standard (``NAAQS'') for ground-level 
ozone, and approving the maintenance plan for the Pittsburgh area as a 
revision to the Pennsylvania State Implementation Plan (SIP) pursuant 
to the Act. Sierra Club v. EPA, No. 01-4426 (3rd Cir.). On January 22, 
2003, the respondents EPA and EPA Administrator Christine T. Whitman 
and the petitioners Sierra Club and GASP executed the proposed 
Settlement Agreement. The Settlement Agreement provides for holding the 
petition for review in abeyance while the Commonwealth of Pennsylvania 
has an opportunity to adopt and EPA has an opportunity to approve 
revisions to the contingency measures portion of the Pittsburgh area 
maintenance plan. Adoption and approval of the revisions described in 
Attachment A to the proposed Settlement Agreement will result in a 
joint motion to dismiss the petition. The agreement further provides 
for payment in settlement of claims for costs of litigation, including 
reasonable attorney's fees and expenses.

DATES: Written comments on the proposed settlement agreement must be 
received by March 10, 2003.

ADDRESSES: Written comments should be sent to Kendra Sagoff, Air and 
Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20004. Copies of the proposed Settlement Agreement are 
available from Phyllis J. Cochran, (202) 564-5566.

FOR FURTHER INFORMATION CONTACT: Kendra Sagoff at (202) 564-5566.

SUPPLEMENTARY INFORMATION: On October 19, 2001, EPA published a Federal 
Register notice redesignating the Pittsburgh area to attainment for the 
one-hour ozone standard, and approving a revision to the area's 
maintenance plan as a revision to the SIP. 66 FR 53094. On December 18, 
2001, Sierra Club and GASP filed a petition for review of this action 
in the United States Court of Appeals for the Third Circuit, contending 
that the redesignation did not meet statutorily-required prerequisites 
for redesignation. Sierra Club v. EPA, No. 01-4426. The Commonwealth of 
Pennsylvania and the Southwestern Pennsylvania Growth Alliance were 
granted leave to participate as intervenors. Briefing was stayed 
pending settlement discussions.
    The proposed Settlement Agreement, which was executed on January 
22, 2003, provides for a stay of proceedings to allow the Commonwealth 
of Pennsylvania to submit to EPA, not later than May 1, 2003, a 
revision to the Pennsylvania contingency measures portion of the 
maintenance plan SIP that adds additional contingency measures and 
procedures for implementing them. The contingency measures are outlined 
in Attachment A to the proposed Settlement Agreement. The Agreement 
further allows EPA an opportunity to sign a final approval of the 
revision no later then February 1, 2004, to be forwarded within five 
business days for publication in the Federal Register, and to sign a 
final approval of the final rule in finally adopted form, that is 
referenced in paragraph 1(b) of Attachment A, no later than November 1, 
2004. EPA must also provide status reports at 120-day intervals. (In an 
order dated January 2, 2003, the Court unilaterally changed the 
interval to 60-days from the date of the Court's order until the 
settlement agreement has been finalized and implemented.) Petitioners 
agree not to challenge in any court or administrative proceeding the 
validity of any EPA action fully approving these revisions. Within 30 
days of November 1, 2004, the parties will file a joint stipulation 
dismissing the petition in accordance with Rule 42 of the Federal Rules 
of Appellate Procedure if EPA has published the final rulemakings fully 
approving the revisions and the stay of the litigation has not been 
lifted. Finally, EPA agrees to pay, and the Petitioners agree to 
accept, the sum of $30,987.00 in full settlement of all claims by 
Petitioners for their costs of litigation (including reasonable 
attorney's fees and expenses).
    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 intervenors 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: January 28, 2003.
Lisa K. Friedman,
Associate General Counsel.
[FR Doc. 03-2934 Filed 2-5-03; 8:45 am]
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