[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]


-----------------------------------------------------------------------

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

-----------------------------------------------------------------------

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 <a href="/cdn-cgi/l/email-protection#5e313b37703a313d353b2a1e3b2e3f70393128"><span class="__cf_email__" data-cfemail="c5aaa0aceba1aaa6aea0b185a0b5a4eba2aab3">[email protected]</span></a>; 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]
BILLING CODE 6560-50-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>