Consent Decree: Phoenix Federal Implementation Plan for Carbon Monoxide

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5902-8]

Consent Decree: Phoenix Federal Implementation Plan for Carbon

Monoxide

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

(``Act''), notice is hereby given of a proposed consent decree in

litigation instituted against the Environmental Protection Agency

(``EPA'') regarding implementation of the contingency measure

provisions of the Carbon Monoxide (CO) Federal Implementation Plan

(FIP) for Phoenix, Arizona.

EPA originally promulgated CO FIP contingency measures for Phoenix

in 1991 pursuant to a court order in Delaney v. EPA, 898 F.2d 687 (9th

Cir. 1990). 56 FR 5458 (Feb. 11, 1991). In 1996 EPA approved CO

contingency measures submitted by the State of Arizona, and withdrew

the previously promulgated FIP contingency measures for Phoenix. 61 FR

51599 (Oct. 3, 1996). This action was challenged by the Arizona Center

for Law in the Pubic Interest (ACLPI), and was recently overturned by

the Ninth Circuit Court of Appeals. DiSimone v. Browner, 1997 U.S. App.

LEXIS 19796 (July 31, 1997).

Subsequently, ACLPI filed an action in District Court to compel

implementation of the FIP contingency provisions. DiSimone v. Browner,

No. CIV 97-1987 PHXRGS, D. Ariz. In order to resolve this matter

without protracted litigation, ACLPI and EPA have reached agreement on

a proposed consent decree which has been signed by the parties and

lodged with the court on Sept. 25, 1997. The consent decree provides

that, unless EPA previously approves a state submitted attainment

demonstration for CO for Phoenix, EPA will sign an initial notice of

proposed rulemaking pursuant to the FIP contingency provisions by no

later than Nov. 26, 1998, and will complete the remainder of the

requirements of the FIP contingency provisions according to the

timeframes specified in those procedures.

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. EPA or the Department of Justice may

withhold or withdraw consent to the proposed consent decree if the

comments disclose facts or circumstances that indicate that such

consent is inappropriate, improper, inadequate, or inconsistent with

the requirements of the Act.

Copies of the proposed consent decree are available from Sara

Schneeberg, Air and Radiation Division (2344), Office of General

Counsel, U.S. Environmental Protection Agency, 401 M Street, SW,

Washington, D.C. 20460, (202) 260-5145. Written comments should be sent

to Sara Schneeberg at the above address and must be submitted on or

before November 3, 1997.

Dated: September 26, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-26318 Filed 10-2-97; 8:45 am]

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