[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Notices]
[Page 51855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26318]


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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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