[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Notices]
[Page 10784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4781]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6544-4]


Proposed Settlement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``EPA''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree in litigation instituted against the United 
States Environmental Protection Agency (``EPA'') by the South Coast Air 
Quality Management District (``District'' or ``plaintiff''). This 
lawsuit, filed on November 4, 1998, concerns EPA's failure to act under 
section 110(k) of the Clean Air Act, 42 U.S.C. 7401 et seq., to approve 
or disapprove the District's proposed revisions to the state 
implementation plan (SIP) for the South Coast.

DATES: Written comments on the proposed consent decree must be received 
by March 30, 2000.

ADDRESSES: Written comments should be sent to Dave Jesson, Air Division 
(AIR-2), U.S. Environmental Protection Agency, 75 Hawthorne Street, San 
Francisco, California 94105-3901, (415) 744-1288, jesson.david&epa.gov. 
Copies of the proposed consent decree are available from Kay Kovitch at 
the above address, (415) 744-1267, epa.gov">kovitch.kay@epa.gov. On January 11, 
2000, the parties lodged the proposed consent decree with the Clerk of 
the United States District Court for the Central District of 
California.

SUPPLEMENTARY INFORMATION: In South Coast Air Quality Management 
District v. EPA, No. 98-9789 (C.D. CA), the plaintiff alleges, among 
other things, that EPA failed to approve or disapprove the District's 
proposed revisions to the State Implementation Plan (SIP). The proposed 
revisions in the District's claim include ozone and particulate matter 
(PM-10) plans adopted by the District on November 15, 1996, approved by 
the State on January 23, 1997, and submitted to EPA on February 5, 
1997; and 46 rules submitted at various times by the District through 
the State to EPA for inclusion in its SIP.
    In order to resolve this matter without protracted litigation, the 
plaintiff and EPA have reached agreement on a proposed consent decree 
that has been signed by the parties and was lodged with the District 
Court on January 11, 2000. The proposed consent decree provides that 
EPA shall take final action on the following SIP submittals as 
specified: (1) Ozone plan submitted on February 5, 1997, no later than 
20 days after the District provides written notice to EPA requesting 
such actions; (2) District Rules 429, 2002, and 2005 on or before 
January 31, 2000; and (3) District Rules 518.2 and 1623 on or before 
February 15, 2000. In the proposed consent decree, the District agreed 
to file a voluntary dismissal without prejudice of that portion of its 
complaint challenging EPA's failure to take final action on all of the 
remaining rules identified in the District's claim.
    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 intervenors 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.

    Dated: February 18, 2000.
Gary S. Guzy,
General Counsel.
[FR Doc. 00-4781 Filed 2-28-00; 8:45 am]
BILLING CODE 6560-50-M