[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Notices]
[Pages 37672-37673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17908]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7013-2]
Proposed Settlement Agreement, Clean Air Act Citizen Suit
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 (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed Settlement Agreement, which was filed with the United States
Court of Appeals for the District of Columbia Circuit by the United
States Environmental Protection Agency (``EPA'') on June 29, 2001, to
address a lawsuit filed by the Clean Air Implementation Project and the
National Environmental Development Association's Clean Air Regulatory
Project (collectively referred to as the ``Project''). The Project
filed a petition for review pursuant to section 307(b) of the Act, 42
U.S.C. 7607(b), challenging EPA's policy, ``State Implementation Plans:
Policy Regarding Excess Emissions During Malfunction, Startup and
Shutdown,'' (``1999 Policy''), which is dated September 20, 1999. Clean
Air Implementation Project v. EPA, No. 99-1470 (D.C. Cir.). The 1999
Policy clarifies the types of provisions addressing emissions in excess
of applicable emission limits that EPA believes may appropriately be
approved as part of a state implementation plan (``SIP'').
DATES: Written comments on the proposed Settlement Agreement must be
received by August 20, 2001.
ADDRESSES: Written comments should be sent to Jan M. Tierney, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC. 20460. Copies of the proposed Settlement Agreement are
available from Phyllis J. Cochran, (202) 564-5566. A copy of the
proposed Settlement Agreement was filed with the Clerk of the United
States Court of Appeals for the District of Columbia Circuit on June
29, 2001.
SUPPLEMENTARY INFORMATION: The Project alleges that EPA's issuance of
the 1999 Policy was arbitrary and capricious and in excess of EPA's
statutory authority. EPA issued the 1999 Policy to clarify issues that
had arisen since the Agency's pronouncement on the same issues in 1982
and 1983 in two memoranda issued by Kathleen Bennett, who at that time
was the Assistant
[[Page 37673]]
Administrator for Air, Noise and Radiation.
The proposed Settlement Agreement provides for the Project to
dismiss its challenge if EPA issues a brief memorandum clarifying
certain issues in the 1999 Policy and if that brief memorandum is
substantially similar to what is set forth as Attachment A to the
proposed Settlement Agreement. In general, the brief memorandum would
provide that the 1999 Policy was intended to provide the parameters for
EPA review of future SIP submissions and was not intended to be legally
dispositive when interpreting existing approved SIPs in the context of
enforcement proceedings.
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, following the comment period, that
consent is inappropriate, the proposed Settlement Agreement will be
final.
Dated: July 9, 2001.
John T. Hannon,
Acting Associate General Counsel.
[FR Doc. 01-17908 Filed 7-18-01; 8:45 am]
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