Proposed Settlement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL 6199-5]

Proposed Settlement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed consent decree and settlement agreement;

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 consent decree and settlement agreement in litigation

instituted against the United States Environmental Protection Agency

(``EPA'') by the Coalition for Clean Air, Inc., National Resources

Defense Council, Inc., and Communities for a Better Environment

(collectively, ``plaintiffs''). This lawsuit, originally filed in

September 1997 and supplemented in October 1998, concerns EPA's January

8, 1997 approval under the Clean Air Act, 42 U.S.C. 7401 et seq., of

the 1994 ozone California state implementation plan for the South Coast

Air Basin (``1994 SIP'') 62 FR 1150.

DATES: Written comments on the proposed consent decree and settlement

agreement must be received by January 8, 1999.

ADDRESSES: Written comments should be sent to David Jesson, Air

Division (AIR-2), U.S. Environmental Protection Agency, 75 Hawthorne

Street, San Francisco, California 94105, (415) 744-1288. Copies of the

proposed consent decree and settlement agreement are available from Mr.

Jesson. Copies of the proposed consent decree and settlement agreement

have been lodged with the Clerk of the United States District Court for

the Central District of California.

SUPPLEMENTARY INFORMATION: In Coalition for Clean Air, et al. v. EPA,

No. 97-6916 (C.D. CA), plaintiff allege, among other things, that EPA

failed to adopt certain mobile source measures that the State of

California attempted to ``assign'' to EPA in the 1994 SIP and failed to

conduct certain activities with respect to the public consultative

process provided for in EPA's approval of the 1994 SIP.

[[Page 67880]]

In order to resolve this matter without protracted litigation, the

plaintiffs and EPA have reached agreement on a proposed consent decree

and settlement agreement that have been signed by the parties and

lodged with the District Court on November 13, 1998. The proposed

consent decree provides that EPA shall conclude the public consultative

process in accordance with the schedule set forth therein. The

accompanying proposed settlement agreement provides that EPA will

undertake certain actions regarding Federal agencies and Federal mobile

source ozone control measures in the South Coast Air Basin.

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 and settlement agreement 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 and settlement agreement 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: December 2, 1998.

Scott Fulton,

Acting General Counsel.

[FR Doc. 98-32569 Filed 12-8-98; 8:45 am]

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