[Federal Register Volume 66, Number 164 (Thursday, August 23, 2001)]
[Notices]
[Page 44343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21342]



[[Page 44343]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7041-6]


Proposed Settlement, 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 
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed consent decree that was lodged with the United States District 
Court for the District of Arizona by the United States Environmental 
Protection Agency (``EPA'') on July 31, 2001 to address a lawsuit filed 
by three Phoenix, Arizona residents pursuant to section 304(a) of the 
Act, 42 U.S.C. 7604(a). The lawsuit addresses EPA's alleged failure to 
meet a mandatory deadline under section 110(k) of the Act, 42 U.S.C. 
7410(k), to take final action to approve or disapprove the Serious Area 
PM-10 Plan for the Phoenix metropolitan PM-10 nonattainment area 
submitted by the State of Arizona to EPA on February 23, 2000. Bahr et 
al. v. Whitman, Case No. CV-01-835-PHX-ROS (D. Ariz.)

DATES: Written comments on the proposed consent decree must be received 
by September 24, 2001.

ADDRESSES: Written comments should be sent to Jan Taradash, Office of 
Regional Counsel, U.S. Environmental Protection Agency Region 9, 75 
Hawthorne Street, San Francisco, CA 94105. Copies of the proposed 
consent decree are available from Jan Taber, (415) 744-1341.

SUPPLEMENTARY INFORMATION: The Clean Air Act requires EPA to take 
action to approve or disapprove a state implementation plan ``SIP'') 
revision within 12 months of a determination by the Administrator that 
such revision is complete. See section 110(k)(1)-(4), 42 U.S.C. 
7410(k)(1)-(4). On February 23, 2000, Arizona submitted to EPA the 
Serious Area PM-10 Plan for the Phoenix metropolitan PM-10 
nonattainment area (``Serious Area Plan'') as a proposed revision to 
the Arizona SIP. EPA found the plan, which addresses both the 24-hour 
and annual PM-10 national ambient air quality standards, to be complete 
pursuant to section 110(k)(1)(B), 42 U.S.C. 7410(k)(1)(B), on February 
25, 2000. On April 13, 2000, EPA proposed to approve the provisions of 
the Serious Area Plan addressing the annual PM-10 standard. 65 FR 
19964. The proposed consent decree provides that EPA shall sign on or 
before September 14, 2001, a proposed rule for publication in the 
Federal Register approving or disapproving, pursuant to section 110(k) 
of the Act, 42 U.S.C. 7410(k), the 24-hour provisions of the Serious 
Area Plan. The proposed consent decree further provides that EPA shall 
sign on or before January 14, 2002, a final rule for publication in the 
Federal Register approving or disapproving the Serious Area Plan.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will receive written comments relating to the 
proposed consent decree from persons who were not named as parties to 
the litigation in question. 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. Unless EPA or the Department of Justice 
determines, following the comment period, that consent is 
inappropriate, the final consent decree will then be executed by the 
parties.

    Dated: August 14, 2001.
Alan W. Eckert,
Associate General Counsel.
[FR Doc. 01-21342 Filed 8-22-01; 8:45 am]
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