# Proposed Settlement Agreement, Clean Air Act Citizen Suit > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-32862 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** December 21, 1999 - **Citation:** 64 FR 71453 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-32862. Public record. Not legal advice.