[Federal Register: February 12, 2004 (Volume 69, Number 29)]
[Notices]
[Page 6977-6978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe04-54]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7621-7]
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 settlement agreement, to address a lawsuit filed by the
Utility Air Regulatory Group in the U.S. Court of Appeals for the
District of Columbia: Utility Air Regulatory Group v. EPA, No. 03-1168
(D.C. Cir.). Petitioners challenge EPA's final rule entitled ``Revision
of the Guidance on Air Quality Models: Adoption of a Preferred Long
Range Transportation Model and Other Revisions,'' published at 68 FR
18444 (April 5, 2003), adopting the CALPUFF modeling system as an
additional air quality model under the Guideline on Air Quality Models,
40 CFR part 51. Under the terms of the proposed settlement agreement,
EPA would issue three documents if, after review of public comments
received in response to this Notice, it elects to proceed with the
settlement agreement.
DATES: Written comments on the proposed settlement agreement must be
received by March 15, 2004.
ADDRESSES: Submit your comments, identified by docket ID number OGC-
2004-0001, online at http://www.epa.gov/edocket (EPA's preferred
method); by e-mail to oei.docket@epa.gov; 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,
excluding 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: Roland Dubois, Office of General
Counsel (2333A), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. telephone: (202) 564-
5626.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement Agreement
Petitioners raise issues concerning: (1) The adequacy of CALPUFF
air dispersion model to address certain instances of long range
transport, (2) the availability of EPA-approved version of CALPUFF
model on model developer's website potentially allowing model developer
to make unauthorized changes to the model, and (3) the potential for
misinterpretation of statements in preamble to April 5, 2003, final
rule (68 FR 18444) discussing the role of federal land managers in
evaluating air quality related values impacts.
Under the Settlement Agreement, EPA would issue three documents:
(1) A guidance document for using CALPUFF to model long range pollutant
transport, (2) a letter to the CALPUFF model developer describing
procedures for EPA approval of changes to the EPA-approved version of
the CALPUFF model, and (3) a letter to Petitioner's counsel clarifying
EPA's statement in the preamble to the rule regarding the role of
federal land managers in evaluating air quality related values impacts.
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 to the litigation in question. The Agency will review and
consider comments received, and will then: (1) Consent to the proposed
settlement, (2) make any modifications deemed necessary or appropriate
prior to consenting to the proposed settlement, or (3) withhold consent
to the proposed settlement.
[[Page 6978]]
II. Additional Information About Commenting on the Proposed Settlement
Agreement
A. How Can I Get a Copy of the Settlement Agreement?
EPA has established an official public docket for this action under
Docket ID No. OGC-2004-0001 which contains a copy of the settlement
agreement and the three documents EPA would sign pursuant to the
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 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 on 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
statute. Information claimed as CBI and other information whose
disclosure is restricted by statute 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 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 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 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 identity, e-mail 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
(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
public docket, and made available in EPA's electronic public docket.
Dated: February 4, 2004.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office, Office of
General Counsel.
[FR Doc. 04-3088 Filed 2-11-04; 8:45 am]
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