

[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Notices]               
[Page 9744-9745]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr07-44]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8283-2]

 
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 Center 
for Biological Diversity, Preston Forsythe and Hilary Lambert 
(collectively ``Plaintiffs''): Center for Biological Diversity et al. 
v. Johnson, No. 06-1350 (D. D.C.). On July 31, 2006, Plaintiffs filed a 
complaint alleging that EPA had a mandatory duty under 42 U.S.C. 
7661(b)(2), to respond within 60 days to Plaintiffs Title V petition 
requesting that EPA object to the proposed Tennessee Valley Authority's 
(``TVA'') Paradise Fossil Plant Title V Operating Permit (``TVA 
Paradise Title V Operating Permit''). The complaint also alleges that 
EPA had a mandatory duty under 42 U.S.C. 7661(b)(3) and (c) and 40 CFR 
71.4(e) to modify, terminate, or revoke, or issue or deny, the proposed 
TVA Paradise Title V Operating permit and that EPA has unreasonably 
delayed modifying, terminating, or revoking, or issuing or denying, the 
permit. The complaint also alleges that EPA has unreasonably delayed 
responding to the Plaintiffs' petition for rulemaking requesting, 
pursuant to 5 U.S.C. 553(a), that EPA promulgate a rule to amend the 
Kentucky State Implementation Plan to fully incorporate the credible 
evidence rule. Under the terms of the proposed settlement agreement, 
EPA shall by May 25, 2007, take final action to grant or deny 
Plaintiffs' April 2005 petition for rulemaking. The proposed settlement 
agreement also provides that EPA shall conclude a completeness 
determination within 60 days after receipt of TVA's forthcoming Title V 
federal operating permit application for the Paradise Plant. Within 18 
months after determining the application is complete, EPA shall take 
final action to issue the permit.

DATES: Written comments on the proposed settlement agreement must be 
received by April 4, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0190, online at http://www.regulations.gov (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 3334, 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 Word 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: Apple Chapman, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5666; fax number (202) 564-5603; e-mail address: 
chapman.apple@epa.gov.


SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement

    On February 18, 2005, EPA formally objected to the issuance of the 
proposed TVA Paradise's Title V Operating Permit submitted by the 
Kentucky Division of Air Quality (``KDAQ''). On April 21, 2005, 
Plaintiffs filed a petition requesting that EPA object to the proposed 
TVA Paradise Title V Operating Permit and a petition for rulemaking 
requesting that EPA amend the Kentucky State Implementation Plant to 
fully incorporate the credible evidence rule. On August 18, 2006, KDAQ 
withdrew the proposed TVA Paradise Title V Operating Permit. 
Subsequently, EPA initiated a Part 71 permit process for the TVA 
Paradise Plant and on December 14, 2006, EPA published notice in the 
Federal Register denying Plaintiffs' Title V petition. EPA has filed a 
motion to dismiss Plaintiffs' Complaint.
    The settlement agreement, which is subject to CAA section 113(g), 
provides that by May 25, 2007, EPA shall take final action to grant or 
deny Plaintiffs' petition for rulemaking. The agreement also provides 
that within 60 days after receipt of TVA's forthcoming permit 
application to EPA for a Title V permit for the Paradise Plant, EPA 
shall conclude a completeness determination. Within 18 months after 
determining the application is complete, EPA shall take final action to 
issue the permit. Should KDAQ submit a new proposed CAA Title V 
Operating Permit for the TVA Paradise Plant that EPA determines 
adequately addresses the issues raised by EPA in its February 18, 2006 
objections, EPA must notify Plaintiff's counsel with written notice 
that the commitments with regard to the Title V Federal Operating 
Permit for the TVA Paradise Plant are null and void. Within 20 days 
after EPA has fulfilled the above obligations or after agreement 
becomes null and void, Plaintiffs shall file a motion to dismiss with 
prejudice.
    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 intervenors to the litigation in question. EPA or the 
Department of Justice may withdraw or withhold consent to the proposed 
settlement agreement if the

[[Page 9745]]

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.

II. Additional Information About Commenting on the Proposed Settlement

A. How Can I Get a Copy of the Settlement?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2007-0190 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 3334, 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 
http://www.regulations.gov. You may use the www.regulations.gov 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 online at http://www.regulations.gov 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 the 
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 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 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.
    Use of the http://www.regulations.gov Web site 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 
http://www.regulations.gov, 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 27, 2007.
Richard B. Ossias,
Associate General Counsel.
 [FR Doc. E7-3759 Filed 3-2-07; 8:45 am]

BILLING CODE 6560-50-P
