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Proposed Settlement, Clean Air Act Citizen Suit

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[Federal Register: February 29, 2000 (Volume 65, Number 40)]
[Notices]
[Page 10784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29fe00-60]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6544-4]


Proposed Settlement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

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 (``EPA''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree in litigation instituted against the United
States Environmental Protection Agency (``EPA'') by the South Coast Air
Quality Management District (``District'' or ``plaintiff''). This
lawsuit, filed on November 4, 1998, concerns EPA's failure to act under
section 110(k) of the Clean Air Act, 42 U.S.C. 7401 et seq., to approve
or disapprove the District's proposed revisions to the state
implementation plan (SIP) for the South Coast.

DATES: Written comments on the proposed consent decree must be received
by March 30, 2000.

ADDRESSES: Written comments should be sent to Dave Jesson, Air Division
(AIR-2), U.S. Environmental Protection Agency, 75 Hawthorne Street, San
Francisco, California 94105-3901, (415) 744-1288, jesson.david&epa.gov.
Copies of the proposed consent decree are available from Kay Kovitch at
the above address, (415) 744-1267, kovitch.kay@epa.gov. On January 11,
2000, the parties lodged the proposed consent decree with the Clerk of
the United States District Court for the Central District of
California.

SUPPLEMENTARY INFORMATION: In South Coast Air Quality Management
District v. EPA, No. 98-9789 (C.D. CA), the plaintiff alleges, among
other things, that EPA failed to approve or disapprove the District's
proposed revisions to the State Implementation Plan (SIP). The proposed
revisions in the District's claim include ozone and particulate matter
(PM-10) plans adopted by the District on November 15, 1996, approved by
the State on January 23, 1997, and submitted to EPA on February 5,
1997; and 46 rules submitted at various times by the District through
the State to EPA for inclusion in its SIP.
    In order to resolve this matter without protracted litigation, the
plaintiff and EPA have reached agreement on a proposed consent decree
that has been signed by the parties and was lodged with the District
Court on January 11, 2000. The proposed consent decree provides that
EPA shall take final action on the following SIP submittals as
specified: (1) Ozone plan submitted on February 5, 1997, no later than
20 days after the District provides written notice to EPA requesting
such actions; (2) District Rules 429, 2002, and 2005 on or before
January 31, 2000; and (3) District Rules 518.2 and 1623 on or before
February 15, 2000. In the proposed consent decree, the District agreed
to file a voluntary dismissal without prejudice of that portion of its
complaint challenging EPA's failure to take final action on all of the
remaining rules identified in the District's claim.
    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 intervenors 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.

    Dated: February 18, 2000.
Gary S. Guzy,
General Counsel.
[FR Doc. 00-4781 Filed 2-28-00; 8:45 am]
BILLING CODE 6560-50-M

 
 

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