[Federal Register Volume 68, Number 235 (Monday, December 8, 2003)]
[Notices]
[Pages 68374-68376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30373]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7595-9]


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, to address a petition for writ of 
mandamus filed by Environmental Defense in the U.S. Court of Appeals 
for the District of Columbia Circuit: In re Environmental Defense, No. 
03-1220 (D.C. Cir.). On or about July 31, 2003, Petitioner filed a 
petition asking the Court to issue a writ of mandamus directing EPA to 
complete remand proceedings ordered by the Court in Environmental 
Defense Fund v. EPA, 898 F.2d 183 (D.C. Cir 1990), and to promulgate 
regulations, consistent with the Clean Air Act, 42 U.S.C. 7476, for the 
prevention of significant deterioration of air quality by oxides of 
nitrogen. Under the terms of the

[[Page 68375]]

proposed settlement agreement, EPA would publish a proposed rulemaking 
by September 30, 2004 and a final rulemaking by September 30, 2005 
setting forth its actions to comply with the remand order.

DATES: Written comments on the proposed settlement agreement must be 
received by January 7, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2003-0006, 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: M. Lea Anderson, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. 
telephone: (202) 564-5571.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    Pursuant to section 166 of the Clean Air Act, EPA promulgated 
regulations on October 17, 1998 to prevent significant deterioration of 
air quality due to emissions of nitrogen oxides. 53 FR 40656. These 
regulations were challenged, and on March 13, 1990, the United States 
Court of Appeals for the District of Columbia Circuit (``D.C. 
Circuit'') remanded the regulations to EPA. Environmental Defense Fund 
v. EPA, 898 F.2d 183 (D.C. Cir. 1990). At that time, the court declined 
to establish a deadline for EPA to act on this remand. Id.
    The settlement agreement provides, among other things, that: (1) By 
September 30, 2004, EPA shall sign for publication in the Federal 
Register a notice of proposed rulemaking setting forth its proposed 
action to fully comply with the Court's remand order in Environmental 
Defense Fund v. EPA, including any proposed regulations necessary to 
comply with that remand order; (2) By September 30, 2005, EPA shall 
sign for publication in the Federal Register a notice of final 
rulemaking setting forth its final action to fully comply with the 
Court's remand order in Environmental Defense Fund v. EPA, including 
any final regulations necessary to comply with that remand order ; and 
(3) EPA shall file quarterly status reports on the Agency's progress.
    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 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.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

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-2003-0006 which contains a copy of the settlement 
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 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

[[Page 68376]]

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: December 2, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 03-30373 Filed 12-5-03; 8:45 am]
BILLING CODE 6560-50-P