Environmental Protection Agency March 5, 2007 – Federal Register Recent Federal Regulation Documents

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.