
[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82009-82010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32772]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9245-1]


Proposed Settlement Agreement

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, 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 (CBD). CBD filed suit in the United States District Court for 
the Northern District of California. The proposed settlement agreement 
establishes deadlines for EPA to take action relating to attainment 
determinations for the National Ambient Air Quality Standard for PM10, 
as set forth in the proposed agreement.

DATES: Written comments on the proposed settlement agreement must be 
received by January 28, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-1066, online at http://www.regulations.gov (EPA's preferred 
method); by e-mail to oei.docket@epa.gov; by mail 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: Steven Silverman, Air and Radiation 
Law Office (2366A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5523; fax number (202) 564-5654; e-mail address: 
silverman.steven@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    On April 29, 2010, CBD filed a complaint in the northern district 
of California alleging that EPA had failed to perform mandatory duties 
related to PM-10 nonattainment areas, including attainment 
determinations (as of the applicable attainment date) for various 
areas, and promulgation of FIPs for the Paul Spur/Douglas and Nogales 
areas in Arizona. Center for Biological Diversity v. Jackson (No. 3:10-
CV-01846-MMC) (N.D. Cal.). CBD has since agreed that a number of its 
claims have been resolved by EPA action. With respect to the remaining 
claims, EPA is agreeing to sign final rules by various dates, which 
rules would determine whether the following areas attained the PM-10 
standard by the areas' applicable attainment dates: Hayden, AZ, Eagle 
River, AK, Columbia Falls, MT, Libby, MT, Nogales, AZ, Reno, NV, and 
Paul Spur/Douglas, AZ. EPA is also agreeing to sign final rules that 
promulgate Federal Implementation Plans for the Douglas portion of the 
Paul Spur/Douglas (AZ) area and for the Nogales (AZ) area by July 27, 
2012 unless EPA takes other final action by that date. (EPA has already 
completed certain of the actions described in the proposed settlement 
agreement.)
    The proposed settlement agreement provides that within 10 days of 
signature, the parties agree to file a joint motion in the district 
court to administratively close this case. CBD further agrees to file a 
motion for voluntary dismissal, with prejudice, with respect to all 
claims in the Complaint within 30 days after notice appears in the 
Federal Register of EPA taking the last rulemaking action required 
under the proposed Agreement. If EPA fails to meet its obligations 
under the proposed Settlement Agreement, CBD's sole remedy is to 
reinstate its action.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who are not named as parties 
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 that consent to this 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-2010-1066) 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, key in the appropriate docket identification number then select 
``search''.
    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

[[Page 82010]]

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.

Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. 2010-32772 Filed 12-28-10; 8:45 am]
BILLING CODE 6560-50-P


