The proposed decision of the ALJ in this matter was mailed to the parties in accordance with Section 311 of the Public Utilities Code and comments were allowed under Rule 14.3 of the Commission's Rules of Practice and Procedure. Comments were filed on December 8, 2008, by CPSD and reply comments were filed by ATC on December 15, 2008. We have reviewed the comments and reply comments and made changes to the proposed decision as necessary. As proposed by CPSD, we clarify that our decision applies to their specific case's voluntary agreement with EPA, rather than voluntary agreements in general.