Proposed Settlement Agreement Utility Air Regulatory Group v. EPA No. 02-1290 (and Consolidated Nos. 02-1291, 021303, 02-1304 and 02-1325) (D.C. Cir.)

As the attached comments discuss, we believe the "Proposed Settlement Agreement" under CAA Section 113(g) stands in stark contrast to the express mandate of CAA Section 504 and the EPA's record under title V, including EPA Orders issued under CAA Section 505 invoking EPA's mandate under CAA Section 504. The EPA's own record shows the EPA attempted to implement title V consistent with the "assure compliance" mandate of the Act, including the EPA's "Sufficiency Monitoring" rule proposed September 17, 2002. The current Administration now wants to avoid this critical CAA and Part 70 and 71 review requirement without going through rulemaking as required by the APA. We therefore urge the DOJ, the EPA and the court to immediately withdraw this illegal and improper "Proposed Settlement Agreement". and the National Environmental Development Association's Clean Air Regulatory Project