[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Notices]
[Pages 65051-65052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28785]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7587-8]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement Agreement; request for public 
comment.

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

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 and stipulation modifying the settlement 
agreement, to address two lawsuits filed by Association of Irritated 
Residents and Medical Advocates for Healthy Air (``Petitioners''): No. 
03-71973 (9th Circuit). Pursuant to section 307(b)(1) of the Clean Air 
Act Petitioners filed petitions for review of EPA documents 
implementing a federal title V permitting program for agricultural 
sources in California and setting guidelines for permit applications 
for major sources due to diesel engine emissions. Under the terms of 
the proposed settlement agreement EPA would withdraw these documents 
from EPA's Region 9 Web site and publish revised national guidance that 
is non-binding. The proposed stipulation would remove this last 
requirement.

DATES: Written comments on the proposed stipulation of settlement 
agreement must be received by December 18, 2003.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2003-0002, online at http://www.epa.gov/edocket (EPA's preferred 
method); by e-mail to [email protected]; mailed to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Wordperfect or ASCII file, avoiding the use of special 
characters and any form of encryption, and may be mailed to the mailing 
address above.

FOR FURTHER INFORMATION CONTACT: Apple Chapman, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
telephone: (202) 564-7606.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement and 
Stipulation Modifying the Settlement Agreement

    Petitioners allege that the title V permit application guidance EPA 
published for agricultural sources in California excludes, without 
rulemaking, certain agricultural major sources of air pollution from 
regulation.
    The settlement agreement provides that: (1) EPA will file an 
Unopposed Motion for Voluntary Remand with the Ninth Circuit Court of 
Appeals and that within five days of a court order granting this 
motion, EPA will withdraw the guidance documents and remove them from 
the Region 9 website; (2) EPA will publish new, nonbinding nationwide 
guidance that better explains a facility's ``potential to emit'' (PTE) 
in the context of diesel engines used as agricultural pumps; and (3) 
EPA will publish a notice establishing a new Title V permit application 
deadline of November 13, 2003, for sources in California that are 
subject to Title V regulation under the new PTE guidance.
    On September 22, 2003, the Governor of the State of California 
signed legislation removing the agricultural exemption that prevented 
full approval of 34 Title V programs in the State. On October 8, 2003, 
the EPA proposed to approve this revision to 34 Title V programs in the 
State of California. In light of the expected final action to approve 
the State program revisions, the Parties have agreed that EPA PTE 
guidance is not required at this time. Therefore, the stipulation 
amending the settlement agreement would remove EPA's obligation to 
publish new, nonbinding guidance. Final action of the proposal to 
approve the revisions to the 34 California Title V programs will also 
terminate EPA's implementation of a part 71 Federal operating permit 
program for State-exempt major stationary agricultural sources within 
the jurisdiction of the 34 California air districts. Accordingly, the 
stipulation also removes the requirement that EPA establish a new Title 
V permit application deadline of November 13, 2003.
    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 and stipulation amending the 
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 and 
stipulation 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 and stipulation 
should be withdrawn, the terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement and Stipulation

A. How Can I Get a Copy of the Settlement Agreement?

    EPA has established an official public docket for this action under 
Docket ID No. OGC-2003-0002 which contains a copy of the settlement 
agreement and stipulation amending the agreement. The official public 
docket is available for public viewing at the Office of Environmental 
Information (OEI) Docket in the EPA Docket Center, EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center 
Public Reading Room is open

[[Page 65052]]

from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in EPA's electronic public docket as EPA receives 
them and without change, unless the comment contains copyrighted 
material, CBI, or other information whose disclosure is restricted by 
statute. Information claimed as CBI and other information whose 
disclosure is restricted by statute is not included in the official 
public docket or in EPA's electronic public docket. EPA's policy is 
that copyrighted material, including copyrighted material contained in 
a public comment, will not be placed in EPA's electronic public docket 
but will be available only in printed, paper form in the official 
public docket. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the EPA Docket Center.

B. How and to Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an e-mail address or other 
contact information in the body of your comment and with any disk or CD 
ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. 
The electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, e-mail address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(e-mail) system is not an ``anonymous access'' system. If you send an 
e-mail comment directly to the Docket without going through EPA's 
electronic public docket, your e-mail address is automatically captured 
and included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket.

    Dated: November 12, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 03-28785 Filed 11-17-03; 8:45 am]
BILLING CODE 6560-50-P