

[Federal Register: October 1, 2007 (Volume 72, Number 189)]
[Notices]               
[Page 55765-55767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc07-45]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8476-3]

 
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 Rocky 
Mountain Clean Air Action (``RMCAA'') in the United States Court of 
Appeals for the D.C. Circuit: Rocky Mountain Clean Air Action v. EPA, 
No. 07-1012 (D.C. Cir.). Petitioner filed a petition for review 
challenging EPA's final rule entitled ``Final Extension of the Deferred 
Effective Date for 8-Hour Ozone National Ambient Air Quality Standards 
(``NAAQS'') for Early Action Compact Areas,'' 71 FR 69022 (Nov. 29, 
2006). Under the terms of the proposed settlement agreement, deadlines 
have been established for EPA and the State of Colorado to take 
specific actions related to the Denver Early Action Compact (``Denver 
EAC'') area. Petitioner's sole remedy if EPA or the State fails to take 
one of these actions is to request the court to lift the stay and to 
set a briefing schedule.

DATES: Written comments on the proposed settlement agreement must be 
received by October 31, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2007-0991, 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-

[[Page 55766]]

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: Jan Tierney, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5598; fax number (202) 564-5603; e-mail address: 
tierney.jan@epa.gov.


SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Settlement Agreement

    This case challenges the rule entitled ``Final Extension of the 
Deferred Effective Date for 8-Hour Ozone National Ambient Air Quality 
Standards for Early Action Compact Areas,'' 71 FR 69022 (Nov. 29, 
2006). Specifically, Petitioner challenges EPA's action to issue a 
further deferral of the effective date of the 8-hour ozone 
nonattainment designation for the Denver EAC area from December 31, 
2006 to July 1, 2007. Under the terms of the proposed settlement, EPA 
will review and take final action on a regulation submitted by the 
State of Colorado to EPA in August 2007 (``Regulation No. 7'') by March 
25, 2008. Additionally, by November 20, 2007, EPA will evaluate the 8-
hour ozone air quality data for the Denver EAC area from 2005, 2006 and 
the first three quarters of 2007 and if the data do not indicate a 
violation of the 8-hour ozone standard, EPA will issue a final rule 
further extending the deferral of the effective date of the 
nonattainment designation until April 15, 2008. If the data do indicate 
a violation of the 8-hour ozone standard, EPA will take no further 
action and the nonattainment designation will be effective November 20, 
2007. Based on whether the area has an effective nonattainment or an 
effective attainment designation, the State of Colorado has to submit 
either an attainment demonstration or a maintenance SIP revision for 
the Denver EAC to EPA no later than July 1, 2009. If the State submits 
an attainment demonstration SIP revision, EPA must sign a notice of 
final agency action approving or disapproving the State of Colorado SIP 
revision by October 1, 2010. If either EPA or the State fail to meet 
any of these deadlines, RMCAA's sole remedy is to request the court to 
lift the stay of the litigation and to set a briefing schedule.
    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 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 
Agreement

A. How Can I Get A Copy Of the Settlement Agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2007-0991) contains a copy of the proposed 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 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 http://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.


[[Page 55767]]


    Dated: September 25, 2007.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E7-19333 Filed 9-28-07; 8:45 am]

BILLING CODE 6560-50-P
