[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67879-67880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32569]


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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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