Proposed Settlement Agreement, Clean Air Act Citizen Suit

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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