[Federal Register Volume 68, Number 95 (Friday, May 16, 2003)]
[Notices]
[Pages 26604-26605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12358]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7499-6]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

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, 42 U.S.C. 7413(g), notice is hereby given

[[Page 26605]]

of a proposed settlement agreement in the following case filed in the 
U.S. Court of Appeals for the District of Columbia Circuit: Antek 
Instruments v. EPA, No. 00-1149. This case concerns the U.S. 
Environmental Protection Agency's (EPA) promulgation of regulations 
requiring refiners and importers of gasoline to control sulfur content 
in their product and to test for sulfur content using a specified test 
procedure.

DATES: Written comments on the proposed settlement agreement must be 
received by June 16, 2003.

ADDRESSES: Copies of the proposed settlement are available from Phyllis 
Cochran, Air and Radiation Division (2344A), Office of General Counsel, 
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, (202)564-7606. Written comments should be sent to 
Susmita Dubey at the above address and must be submitted on or before 
June 16, 2003.

SUPPLEMENTARY INFORMATION: In February 2000, EPA promulgated 
regulations limiting sulfur content in gasoline. 65 FR 6698 (April 10, 
2000). The regulations include a requirement that gasoline refiners and 
importers test their product for sulfur content using a specified test 
procedure. Antek Instruments filed a petition challenging the final 
rule. EPA and Antek entered into negotiations and have reached a 
proposed settlement of this litigation. The proposed settlement 
agreement outlines a rulemaking proposal to identify alternative sulfur 
test procedures that can be used to satisfy the regulatory testing 
requirement, if the resulting test result is correlated with the rule's 
primary test method.
    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 8, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 03-12358 Filed 5-15-03; 8:45 am]
BILLING CODE 6560-50-P