[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Notices]
[Pages 71453-71454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32862]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6511-9]
Proposed Settlement Agreement, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency.
ACTION: Notice of Proposed Consent Decree; 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 partial consent decree, which was lodged with the United
States District Court for the District of Columbia by the United States
Environmental Protection Agency (``EPA'') on December 1, 1999, to
address a lawsuit filed by the Natural Resources Defense Council,
Environmental Defense Fund, Conservation Law Foundation, Clean Air
Council, Natural Resources Council of Maine, and Sierra Club
(collectively referred to as ``NRDC''). This lawsuit, which was filed
pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a), addresses
EPA's alleged failure to meet a mandatory deadline under section 110(c)
of the Act, 42 U.S.C. 7410(c), to promulgate federal implementation
plans establishing attainment demonstrations for certain ozone
nonattainment areas classified as serious or severe and located in the
eastern part of the United States and to impose sanctions in those
areas. NRDC v. EPA, No. 1:99CV02976 (D.D.C.).
DATES: Written comments on the proposed consent decree must be received
by January 20, 2000.
ADDRESSES: Written comments should be sent to Jan M. Tierney, Air and
Radiation Law Office (2344-A), Office of General Counsel, U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460. Copies of the proposed consent decree are available from Phyllis
J. Cochran, (202) 564-7606. A copy of the proposed consent decree was
lodged with the Clerk of the United States District Court for the
District of Columbia on December 1, 1999.
SUPPLEMENTARY INFORMATION: NRDC alleges that EPA has a mandatory duty
to promulgate federal implementation plans (FIPs) and impose sanctions
on 10 nonattainment areas located in 13 States and the District of
Columbia. There are four areas that are classified as serious ozone
nonattainment areas for the 1-hour ozone standard: Greater Connecticut
located in Connecticut; Metropolitan Washington located in Washington,
DC, Maryland and Virginia; Springfield/Western Massachusetts located in
Massachusetts; and Atlanta located in Georgia. There are six areas
classified as severe ozone nonattainment for the 1-hour ozone standard:
New York-Northern New Jersey-Long Island located in Connecticut, New
York and New Jersey; Philadelphia-Wilmington-Trenton located in
Pennsylvania, Delaware, Maryland, and New Jersey; Baltimore located in
Maryland; Houston-Galveston-Brazoria located in Texas; Chicago-Gary-
Lake County located in Illinois and Indiana; and Milwaukee-Racine
located in Wisconsin.
The proposed partial consent decree provides, in part, that EPA
will promulgate full attainment FIPs by May 15, 2001 for the serious
areas without fully approved attainment demonstration SIPs as of that
date and will promulgate full attainment demonstration FIPs by June 14,
2002 for the severe areas without fully approved attainment
demonstration SIPs as of that date. In addition, the consent decree
provides for the FIP promulgation dates to be advanced (to February 28,
2001 for serious areas and July 31, 2001 for severe areas) if by May
31, 2000, EPA does not either (1) find that for purposes of
transportation conformity the areas have adequate motor vehicle
emissions budgets associated with submitted attainment demonstration
SIPs, or (2) disapprove the submitted attainment demonstration SIPs.
Finally, the consent decree provides that plaintiffs will file for
dismissal of two lawsuits that are pending in the United States Court
of Appeals for the District of Columbia Circuit and that were filed by
some or all of the plaintiffs in the District Court
[[Page 71454]]
case. These two cases are: Delaware Valley Citizens' Council for Clean
Air v. Browner, No. 96-1316 (D.C. Cir.) (challenge to EPA's findings of
failure to submit certain portions of the attainment demonstration),
and Delaware Valley Citizens' Council for Clean Air v. Browner, No. 98-
1079 (D.C. Cir.) (challenge to EPA's ``Guidance for Implementing the 1-
Hour Ozone and Pre-Existing PM10 NAAQS,'' issued by Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation, dated December
29, 1997 (63 FR 8196 (Feb. 18, 1998)).
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 consent decree from persons who were not named as parties
or interveners to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
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 determine, following the comment period, that consent is
inappropriate, the final consent decree will be entered with the court
and will establish deadlines for promulgation of federal implementation
plans in the absence of approved state plans.
Dated: December 9, 1999.
Gary S. Guzy,
General Counsel.
[FR Doc. 99-32862 Filed 12-20-99; 8:45 am]
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