[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Notices]
[Pages 43200-43201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17436]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2013-0484; FRL-9835-6]


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 (``CAA'' or the ``Act''), notice is hereby given of a proposed 
settlement agreement to address a lawsuit filed by Communities for a 
Better Environment, California Communities Against Toxics, Desert 
Citizens Against Pollution, Natural Resources Defense Council, and 
Physicians for Social Responsibility-Los Angeles (collectively 
``Petitioners'') in the United States Court of Appeals for the Ninth 
Circuit: Communities for a Better Environment, et al. v. EPA, No. 12-
71340, (9th Cir.). On April 30, 2012, Petitioner filed a petition for 
review challenging EPA's final action to approve the state 
implementation plan (SIP) revisions submitted by California to provide 
for attainment of the 1997 8-hour ozone national ambient air quality 
standard in the Los Angeles-South Coast area (``South Coast''). The 
proposed settlement agreement establishes a deadline for EPA to take 
action on subsequently submitted SIP revisions for the South Coast.

DATES: Written comments on the proposed settlement agreement must be 
received by August 19, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0484, online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; by mail 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 3334, 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 Word 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: Jan Tierney, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-5598; fax number (202) 564-5603; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would resolve a lawsuit seeking 
to overturn EPA's final action to approve SIP revisions submitted by 
California to provide for attainment of the 1997 8-hour ozone national 
ambient air quality standard in the South Coast. 77 FR 12674 (March 1, 
2012). The proposed settlement agreement requires that no later than 
August 13, 2014, EPA shall sign a notice or notices of the Agency's 
final action or actions under Section

[[Page 43201]]

110(k) of the CAA on certain SIP revisions submitted by California on 
February 13, 2013, including a new attainment demonstration plan for 
the 1-hour ozone standard in the South Coast and new demonstrations 
intended to comply with Section 182(d)(1)(A) of the CAA, 42 U.S.C. 
7511a(d)(1)(A), for the 1-hour ozone and 1997 8-hour ozone standards. 
Thereafter, EPA shall send the notice(s) to the Office of the Federal 
Register for review and publication. After EPA fulfills its obligations 
under the agreement, the Petitioners shall dismiss this matter, but 
Petitioners reserve any rights they may have to challenge EPA final 
action or actions on the above described SIP revisions.\1\ If EPA does 
not take action by the deadline, then Petitioners' sole remedy under 
the proposed agreement shall be the right to request that the Ninth 
Circuit lift the stay of proceedings and establish a schedule for 
briefing and oral argument.
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    \1\ Four of the five Petitioners have also noticed an appeal 
from dismissal of Physicians for Social Responsibility--Los Angeles 
v. EPA, No. 2:11-cv-05885-GW-SS, in the United States District Court 
for the Central District of California, currently docketed in the 
Ninth Circuit as Case No. 12-56175. Under the proposed settlement 
agreement, the four petitioners who are appellants in that case 
shall dismiss Physicians for Social Responsibility--Los Angeles v. 
EPA, No. 12-56175, upon receipt of written notice from EPA that the 
proposed settlement agreement is final.
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    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties or intervenors 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 determines that consent to this 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?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2013-0484) contains a copy of the proposed 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 3334, 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 
www.regulations.gov. You may use www.regulations.gov 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, key in 
the appropriate docket identification number then select ``search''.
    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 online at www.regulations.gov 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 the 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 email 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.
    Use of the www.regulations.gov Web site 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, email 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 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email 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: July 11, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-17436 Filed 7-18-13; 8:45 am]
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