[Federal Register Volume 65, Number 134 (Wednesday, July 12, 2000)]
[Notices]
[Pages 43002-43003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17616]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6734-1]


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 
amened (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed 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 May 26, 1999, to address a 
lawsuit filed by the Midwest Ozone Group and the West Virginia Chamber 
of Commerce (collectively referred to as ``MOG''). 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 mandatory deadlines under 
section 110(c) of the Act, 42 U.S.C. 7410(c), to promulgate federal 
implementation plans for certain areas establishing (1) attainment 
demonstrations; (2) inspection and maintenance (``I/M'') programs, and 
(3) 15% rate-of-progress (``ROP'') requirements. Midwest Ozone Group 
et. al., v. EPA, No. 1:00CV01047 (D.D.C.).

DATES: Written comments must be received by August 11, 2000.

ADDRESSES: Written comments should be sent to Jan M. Tierney, Air and 
Radiation Law Office (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
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 May 26, 2000.

SUPPLEMENTARY INFORMATION: MOG alleges that EPA has a mandatory duty to 
promulgate federal implementation plans (``FIPs'') establishing (1) 
attainment demonstrations for the Greater Connecticut ozone 
nonattainment area; the Springfield, Massachusetts ozone nonattainment 
area; and the New York and Connecticut portions of the New York-
Northern New Jersey-Long Island ozone nonattainment area; (2) I/M 
programs for Portland, Maine; Providence, Rhode Island; and the 
portions of the Boston-Lawrence-Worcester and Portsmouth-Dover-
Rochester ozone nonattainment areas located in New Hampshire; and (3) a 
15% ROP program for the Springfield, Massachusetts Ozone nonattainment 
area.
    The proposed consent decree provides, in part, that EPA will 
promulgate full attainment demonstration FIPs by May 15, 2001 for the 
Greater Connecticut and Springfield ozone nonattainment areas if EPA 
has not fully approved attainment demonstration SIPs for each area as 
of

[[Page 43003]]

that date. The consent decree provides that EPA will promulgate full 
attainment demonstration FIPs for the New York and Connecticut portions 
of the New York-Northern New Jersey-Long Island ozone nanattaiinment by 
June 14, 2002 if EPA has not fully approved attainment demonstration 
SIPS for each area as of that date.
    This portion of the consent decree addresses the same issues for 
these four areas as is addressed in a partial consent decree with 
Natural Resources Defense Council, et al., for which EPA published 
notice on December 21, 1999, 64 FR 71453, and that was entered into by 
the parties on May 31, 2000. The FIP proposal and promulgation dates in 
the two consent decrees are consistent.
    The consent decree also provides that EPA will promulgate I/M FIPs 
for four ozone nonattainment areas by October 31, 2001 if EPA has not 
fully approved enhanced I/M SIPs for each area by that date. The four 
areas are: Portland, Maine; Providence, Rhode Island; and the portions 
of the Boston-Lawrence-Worcester and Portsmouth-Dover-Rochester ozone 
nonattainment areas located in New Hampshire.
    Finally, the consent decree provides that EPA will promulgate a 15% 
ROP FIP for the Springfield, Massachusetts ozone nonattainment area by 
April 2, 2001 if EPA has not fully approved a 15% ROP SIP for the area 
by that date.
    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: June 23, 2000.
Gary S. Guzy,
General Counsel.
[FR Doc. 00-17616 Filed 7-11-00; 8:45 am]
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