[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Notices]
[Pages 35211-35212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14873]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7511-3]


Proposed Settlement Agreement

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, 42 U.S.C. 7413(g), notice is hereby given of a proposed 
settlement agreement in the following cases filed in the U.S. Court of 
Appeals for the District of Columbia Circuit: Engine Manufacturers 
Ass'n v. EPA, No. 00-1066; Engine Manufacturers Ass'n, et al. v. EPA, 
Nos. 01-1129 and 02-1080; International Truck and Engine Corp., et al. 
v. EPA, Nos. 00-1510 and 00-1512; International Truck and Engine Corp. 
v. EPA, No. 01-1137; and Engine Manufacturers Ass'n v. EPA, No. 03-
1007. These cases concern the U.S. Environmental Protection Agency's 
(EPA) promulgation of regulations requiring manufacturers of heavy-duty 
diesel motor vehicle engines and nonroad marine diesel engines to 
control emissions by meeting not-to-exceed (NTE) emission standards and 
test procedures, and EPA's issuance of guidance concerning 
certification of heavy-duty diesel motor vehicle engines.

DATES: Written comments on the proposed settlement agreement must be 
received by July 14, 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 Michael Horowitz at the above address.

FOR FURTHER INFORMATION CONTACT: Michael Horowitz at 202-564-5583.

SUPPLEMENTARY INFORMATION: EPA has promulgated regulations in several 
separate rules requiring manufacturers of heavy-duty diesel motor 
vehicle engines and nonroad marine engines to control emissions by 
meeting not-to-exceed (NTE) emission standards and test procedures. 64 
FR 73300 (Dec. 29, 1999), 65 FR 59896 (Oct. 6, 2000), 66 FR 5002 (Jan. 
18, 2001), and 67 FR 68242 (Nov. 8, 2002). EPA also issued guidance 
concerning certification of heavy-duty diesel motor vehicle engines, on 
January 19, 2001. EMA and certain member companies (Manufacturer 
Parties) filed petitions challenging these rules and guidance. EPA and 
Manufacturer Parties entered into negotiations and have reached a 
proposed settlement of this litigation.
    The proposed settlement agreement outlines a rulemaking proposal to 
establish a manufacturer-run in-use testing program for heavy-duty 
diesel motor vehicles. The proposed settlement also calls for issuance 
by EPA of guidance regarding implementation of the NTE regulations for 
heavy-duty diesel motor vehicle

[[Page 35212]]

engines and nonroad marine diesel engines, and discusses the elements 
of a manufacturer-run in-use testing program for nonroad diesel 
engines.
    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: June 4, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 03-14873 Filed 6-11-03; 8:45 am]
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