[Federal Register Volume 67, Number 219 (Wednesday, November 13, 2002)]
[Notices]
[Page 68863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28843]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-7407-9]
Proposed Settlement Agreement
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed settlement agreement; request for public
comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended, 42 U.S.C. 7413(g), notice is hereby given of a proposed
settlement agreement in Utility Air Regulatory Group (UARG) v.
Environmental Protection Agency (EPA), No. 02-1023 and consolidated
cases (Nos. 02-1026, 02-1027, 02-1028, 02-1088)(D.C. Circuit). These
consolidated cases concern a November 15, 2001 Federal Register notice
entitled Recent Posting of Agency Regulatory Interpretations Pertaining
to Applicability and Monitoring for Standards of Performance for New
Stationary Sources and National Emission Standards for Hazardous Air
Pollutants to the Applicability Index (ADI) Database System, (66 FR
57453) and a January 10, 2002 Federal Register notice entitled Recent
Posting to the Applicability Determination Index (ADI) Database System
of Agency Applicability Determinations, Alternative Monitoring
Decisions, and Regulatory Interpretations Pertaining to Standards of
Performance for New Stationary Sources and National Emission Standards
for Hazardous Air Pollutants, (67 FR 1295).
DATES: Written comments on the proposed settlement agreement must be
received by December 13, 2002.
ADDRESSES: Written comments should be sent to Diane E. McConkey, Air
and Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20004. A copy of the proposed settlement agreement is
available from Phyllis J. Cochran, (202) 564-7606.
SUPPLEMENTARY INFORMATION: From time to time EPA publishes in the
Federal Register notices of recent postings to the Applicability
Determination Index Database System (ADI Posting Notices), similar to
the two notices at issue in these petitions for review. The following
entities filed petitions for review of one or both of the ADI Posting
Notices described above: Utility Air Regulatory Group (UARG), January
11, 2002 (November 15, 2001 notice) and March 11, 2002 (January 10,
2002 notice); Clean Air Implementation Project (CAIP), January 14, 2002
(November 15, 2001 notice); American Chemistry Council (ACC), January
14, 2002 (November 15, 2001 notice); National Environmental Development
Association's Clean Air Regulatory Project (NEDA/CARP), January 14,
2002 (November 15, 2001 and January 10, 2002 notices).
UARG, CAIP, ACC, NEDA/CARP, and EPA have now reached initial
agreement on a settlement of the consolidated cases which could lead to
the voluntary dismissal of the petitions for review. The settlement
requires the EPA Administrator to include specific language in the
first ADI Posting Notice signed after the settlement agreement is final
and effective.
For a period of thirty (30) days following the date of publication
of this notice, EPA will receive written comments relating to the
proposed settlement agreement.
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, 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.
Dated: November 4, 2002.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-28843 Filed 11-12-02; 8:45 am]
BILLING CODE 6560-50-P