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Proposed Consent Decree

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

  [Federal Register: March 27, 2003 (Volume 68, Number 59)]
[Notices]
[Page 14976-14977]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr03-45]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7474-1]
 
Proposed Consent Decree

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,

[[Page 14977]]

42 U.S.C. 7413(g), notice is hereby given of a proposed partial consent 
decree, which the United States Environmental Protection Agency 
(``EPA'') lodged with the United States District Court for the District 
of Columbia on March 21, 2003, in a lawsuit filed by the Sierra Club 
under section 304(a) of the Act, 42 U.S.C. 7604(a), Sierra Club v. 
Whitman, No. 01-01537 (consolidated with cases 01548, 01558, 01569, 
01582, and 01597) (D.D.C.).

DATES: Written comments on the proposed consent decree must be received 
by April 28, 2003.

ADDRESSES: Written comments should be sent to Apple Chapman, Air and 
Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. A copy of the proposed consent decree is 
available from Phyllis Cochran, (202) 564-7606.

FOR FURTHER INFORMATION CONTACT: Apple Chapman at (202) 564-5666.

SUPPLEMENTARY INFORMATION: This lawsuit concerns EPA's alleged failure 
to meet certain deadlines in the Clean Air Act (``CAA''). The proposed 
partial consent decree would fully settle four of the above-listed 
consolidated cases and partially settle two others.
    Specifically, the consent decree provides that EPA shall: (1) 
Promulgate emission standards under CAA section 112(d), 42 U.S.C. 
7412(d), for any twelve (12) of the remaining listed categories subject 
to CAA section 112(e)(1)(E), 42 U.S.C. 7412(e)(1)(E), on or before 
August 29, 2003 and for the remaining four (4) categories on or before 
February 27, 2004; (2) promulgate emission standards under CAA section 
112(d), 42 U.S.C. 7412(d), for hazardous waste burning industrial 
boilers on or before June 15, 2005; (3) pursuant to CAA section 
129(a)(5), 42 U.S.C. 7429(a)(5), promulgate revisions of the new source 
performance standards and emission guidelines for large municipal waste 
combustion units by April 28, 2006; (4) promulgate specified 
regulations under CAA section 112(d), 42 U.S.C. 7412 (d), pursuant to 
CAA sections 112(c)(3), 112(k), and 112(c)(6), 42 U.S.C. 7412 (c)(3), 
(k) and (c)(6) for certain categories of area sources by specified 
deadlines; (5) promulgate emission standards for ``other categories of 
solid waste incineration units'' under CAA section 129(a)(1)(E), 42 
U.S.C. 7419(a)(1)(E), by November 30, 2005. Lastly, the consent decree 
provides that the parties stipulate to a dismissal of the claims in 
Case No. 01-1582 which alleged EPA's failure to submit the Report to 
Congress under CAA section 112(s), 42 U.S.C. 7412(s).
    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 are not named as parties 
or intervenors to the litigation in question. The 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 Clean Air Act. Unless EPA or 
the Department of Justice determines, following the comment period, 
that consent is inappropriate, the consent decree will be final.

    Dated: March 21, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 03-7370 Filed 3-26-03; 8:45 am]
BILLING CODE 6560-50-P

 
 

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