[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35812-35813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12708]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7214-5]
Proposed Settlement Agreement
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,
[[Page 35813]]
42 U.S.C. 7413(g), notice is hereby given of a proposed settlement
agreement in the following consolidated cases: Assoc. of Irritated
Residents, et al. v. U.S. EPA, et al. No. 02-70160, Medical
Alliance for Healthy Air, et al. v. Whitman, et al., No.
02-70177, Communities for a Better Environment v. U.S. EPA, No.
02-70191 (9th Circuit). These cases concern the U.S.
Environmental Protection Agency's (EPA) full approval of the part 70
operating permit programs in 34 air districts in the State of
California, published at 66 FR 63503 (December 7, 2001). The proposed
settlement agreement was signed by the last party on May 14, 2002.
DATES: Written comments on the proposed settlement agreement must be
received by June 20, 2002.
ADDRESSES: Written comments should be sent to Carol S. Holmes, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. A copy of the proposed settlement agreement is
available on EPA's Web Page at http://www.epa.gov/region09/air. You may
also obtain a copy from Phyllis J. Cochran, (202) 564-7606.
SUPPLEMENTARY INFORMATION:
EPA granted full approval of the 34 California part 70 operating
permit programs (also known as "title V" permit programs)
on November 29, 2001. 66 FR 63503 (December 7, 2001). The following
groups of petitioners filed a timely petition for review: (1)
Association of Irritated Residents (AIR) and Communities for Land, Air
and Water (CLAW); (2) Natural Resources Defense Council (NRDC), Sierra
Club, Medical Alliance for Healthy Air; and (3) Citizens for a Better
Environment (CBE) and Our Children's Earth Foundation (OCEF).
Petitioners challenged EPA's action due to California Health and Safety
Code section 42310(e), which provides in relevant part that "a
permit shall not be required for * * * * (e) any
equipment used in agricultural operations in the growing of crops or
the raising of fowl or animals * * * ."
(Petitioners CBE and OCEF made additional challenges to the Bay Area
Air Quality Management District part 70 program that are not a part of
this proposed settlement agreement.) The parties engaged in settlement
discussions and entered the Ninth Circuit Mediation Program.
The proposed settlement agreement provides that EPA will send a
Notice of Deficiency (NOD) for publication to the Office of the Federal
Register by May 15, 2002. Such NOD will provide notice to the State of
California that the 34 local air districts covered by the December 2001
rule are not adequately administering or enforcing their part 70
programs because the districts lack adequate authority to issue permits
to, and assure compliance by, all major agricultural sources required
to have a permit under Title V of the Clean Air Act as a result of the
exemption in section 42310 of the California Health and Safety Code.
The proposed settlement agreement also provides that no later than July
19, 2002, the Regional Administrator of EPA Region 9 shall sign and
forward to the Office of the Federal Register a Notice of Proposed
Rulemaking ("NPRM") that will propose, pursuant to 40 CFR
70.10(b)(2)(i), to partially withdraw approval of those portions of the
34 part 70 programs that relate to major sources using equipment
involved in the growing of crops or raising of fowl or animals that
would be subject to Title V but for the state agricultural exemption
("state-exempt agricultural sources"). In such NPRM, the
Regional Administrator also shall propose that EPA will implement a
partial federal operating permits program under 40 CFR part 71
("Part 71 program") for major state-exempt agricultural
sources. A signed, final rule must to sent to the Office of the Federal
Register no later than October 2, 2002. Finally, the proposed
settlement agreement sets forth application deadlines for sources
subject to the part 71 federal permit program in the event the final
rule implements such a program, as well as the deadline for EPA to act
on any such part 71 permit applications.
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 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.
Dated: May 14, 2002.
Alan W. Eckert,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 02-12708 Filed 5-20-02; 8:45 am]
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