[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Notices]
[Pages 77024-77025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31334]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6913-7]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed 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 settlement

[[Page 77025]]

agreement, which was filed with the United States Court of Appeals for 
the District of Columbia Circuit by the United States Environmental 
Protection Agency (``EPA'') on November 21, 2000, to address a lawsuit 
filed by the Sierra Club and the New York Public Interest Research 
Group (collectively referred to as ``Sierra Club''). Sierra Club filed 
a petition for review pursuant to section 307(b) of the Act, 42 U.S.C. 
7607(b) challenging EPA's extension of the interim approval of title V 
permitting programs for approximately 80 permitting authorities. Sierra 
Club v. EPA, No. 00-1262 (D.C. Cir.).

DATES: Written comments on the proposed settlement agreement must be 
received by January 8, 2001.

ADDRESSES: Written comments should be sent to Jan M. Tierney, Air and 
Radiation Law Office (2344), Office of General Counsel, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Copies of the proposed settlement agreement are 
available from Phyllis J. Cochran, (202) 564-5566. A copy of the 
proposed settlement agreement was filed with the Clerk of the United 
States Court of Appeals for the District of Columbia Circuit on 
November 21, 1999.

SUPPLEMENTARY INFORMATION: Sierra Club alleges that EPA acted contrary 
to law by extending the interim approval of title V permitting programs 
for more than 80 permitting authorities. Under title V of the CAA, EPA 
promulgated regulations specifying the requirements for State operating 
permit programs. States, or local permitting authorities to which the 
States delegated authority, submitted programs to EPA for approval in 
the early to mid 1990's. Pursuant to section 502(g) of the Act, 42 
U.S.C. 7661a(g), EPA granted interim approval of a number title V 
permitting programs. Subsequently, EPA extended the interim approval of 
programs through a series of notices in the Federal Register. Most 
recently, on May 22, 2000, EPA took final action extending the interim 
approval for approximately 80 title V permitting programs and Sierra 
Club challenged that final action.
    The settlement agreement provides that Sierra Club's challenge to 
EPA's final action will be stayed pending several actions by the 
Agency. Pursuant to the key provisions of the settlement agreement, 
Sierra Club may request the court to lift the stay of the litigation if 
EPA fails to: (A) Propose by December 15, 2000, amendments to 40 CFR 
70.4(d)(2)to eliminate language that could be construed to grant EPA 
authority to extend further interim approval of a title V permitting 
program; (B) take final action by June 1, 2000, promulgating such 
amendments; (C) notify by December 1, 2000, each permitting authority 
by letter that a federal program will apply if EPA has not fully 
approved a revised title V permit program for the area by December 1, 
2001; and (D) issue by December 1, 2000, a notice informing the public 
that they may submit comment identifying deficiencies with approved or 
interim approved title V permit programs and that EPA will respond to 
such comments by specified dates.
    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 settlement agreement 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 
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. Unless EPA or the 
Department of Justice determine, following the comment period, that 
consent is inappropriate, the settlement agreement will be final.

    Dated: December 1, 2000.
Anna Wolgast,
Acting General Counsel.
[FR Doc. 00-31334 Filed 12-7-00; 8:45 am]
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