[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Pages 53358-53359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17815]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7965-9]
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 partial settlement agreement, to address a lawsuit filed by
Environmental Defense, the Natural Resources Defense Council, the
Sierra Club and Transportation Solutions Defense and Education Fund
(collectively ``Plaintiffs''): Environmenatl Defense, et al. v. EPA, et
al., No. 04-1291 (D.C. Cir.). On August 30, 2004, Plaintiffs filed a
complaint challenging EPA's amendments to rules on determining
conformity of federal transportation actions to State Implementation
Plans (SIPs), issued under section 176(c) of the Act. Petitioners
challenged several aspects of EPA's recent amendments to the
transportation conformity rules addressing the new 8-hour ozone and
P.M. 2.5 National Ambient Air Quality Standards. (69 FR 40,004, July 1,
2004).
DATES: Written comments on the proposed settlement agreement must be
received by October 11, 2005.
ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0005, 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,
excludign 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: Sara Schneeberg, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Telephone: (202) 564-5592.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement
EPA has agreed to take final action on further amendments to the
transportation conformity rules to address requirements relating to PM
2.5 hotspots. EPA had indicated in the July 2004 final rule that the
agency believed transportation conformity provisions relating to PM 2.5
hotspot air quality analyses would be appropriate, but the agency was
not in a position to promulgate final regulations on that issue at that
time. EPA indicated that it intended to take subsequent action with
respect to this issue. Therefore, EPA proposes to enter into a
settlement with Petitioners in which EPA will commit to take final
action amending the conformity regulations to address PM 2.5 hotspot
analyses by no later than March 31, 2006.
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, 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.
II. Additional Information About Commenting on the Proposed Settlement
A. How Can I Get a Copy of the Settlement?
EPA has established an official public docket for this action under
Docket ID No. OGC-2005-0005 which contains a copy of the settlement.
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 in 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
statue. Information claimed at CBI and other information whose
disclosure is restricted by statue 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 you 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 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
[[Page 53359]]
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 identify, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to 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 docket,
and made available in EPA's electronic public docket.
Dated: August 31, 2005.
Richard B. Ossias,
Acting Associate General Counsel, Air and Radiation Law Office, Office
of General Counsel/
[FR Doc. 05-17815 Filed 9-7-05; 8:45 am]
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