[Federal Register Volume 69, Number 29 (Thursday, February 12, 2004)]
[Notices]
[Pages 6977-6978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3088]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7621-7]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement, to address a lawsuit filed by the 
Utility Air Regulatory Group in the U.S. Court of Appeals for the 
District of Columbia: Utility Air Regulatory Group v. EPA, No. 03-1168 
(D.C. Cir.). Petitioners challenge EPA's final rule entitled ``Revision 
of the Guidance on Air Quality Models: Adoption of a Preferred Long 
Range Transportation Model and Other Revisions,'' published at 68 FR 
18444 (April 5, 2003), adopting the CALPUFF modeling system as an 
additional air quality model under the Guideline on Air Quality Models, 
40 CFR part 51. Under the terms of the proposed settlement agreement, 
EPA would issue three documents if, after review of public comments 
received in response to this Notice, it elects to proceed with the 
settlement agreement.

DATES: Written comments on the proposed settlement agreement must be 
received by March 15, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0001, 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: Roland Dubois, Office of General 
Counsel (2333A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. telephone: (202) 564-
5626.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    Petitioners raise issues concerning: (1) The adequacy of CALPUFF 
air dispersion model to address certain instances of long range 
transport, (2) the availability of EPA-approved version of CALPUFF 
model on model developer's website potentially allowing model developer 
to make unauthorized changes to the model, and (3) the potential for 
misinterpretation of statements in preamble to April 5, 2003, final 
rule (68 FR 18444) discussing the role of federal land managers in 
evaluating air quality related values impacts.
    Under the Settlement Agreement, EPA would issue three documents: 
(1) A guidance document for using CALPUFF to model long range pollutant 
transport, (2) a letter to the CALPUFF model developer describing 
procedures for EPA approval of changes to the EPA-approved version of 
the CALPUFF model, and (3) a letter to Petitioner's counsel clarifying 
EPA's statement in the preamble to the rule regarding the role of 
federal land managers in evaluating air quality related values impacts.
    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 to the litigation in question. The Agency will review and 
consider comments received, and will then: (1) Consent to the proposed 
settlement, (2) make any modifications deemed necessary or appropriate 
prior to consenting to the proposed settlement, or (3) withhold consent 
to the proposed settlement.

[[Page 6978]]

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-2004-0001 which contains a copy of the settlement 
agreement and the three documents EPA would sign pursuant to 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 on 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 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: February 4, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of 
General Counsel.
[FR Doc. 04-3088 Filed 2-11-04; 8:45 am]
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