[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Notices]
[Page 23457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10894]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7492-8]


Proposed Consent Decree, 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. On April 17, 2003, Our Children's Earth 
Foundation filed a complaint pursuant to section 304(a) of the Act, 42 
U.S.C. 7604(a), alleging the Environmental Protection Agency (``EPA'') 
failed to meet its mandatory duty to ``assemble and publish a 
comprehensive document for each State setting forth all of the 
requirements of the applicable implementation plan for such State.'' 
Our Children's Earth Foundation v. EPA, No. C03-1705 (N.D. CA). On 
April 17, 2003, EPA lodged a draft Consent Decree with the United 
States District Court for the Northern District of California and is 
seeking through this notice comment on whether to enter into the 
Consent Decree. The Consent Decree establishes time frames for nine EPA 
Regional Offices to make federally approved state clean air plans 
accessible via the worldwide web.

DATES: Written comments on the proposed Consent Decree must be received 
by June 2, 2003.

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 Ave., NW., 
Washington, DC 20460. Copies of the proposed Consent Decree are 
available from Phyllis J. Cochran,(202) 564-5566. On April 17, 2003, a 
copy of the proposed Consent Decree was lodged with the Clerk of the 
United States District Court for the Northern District of California.

SUPPLEMENTARY INFORMATION: Our Children's Earth Foundation (``OCEF'') 
alleges that nine EPA Regional Offices failed to meet the obligation 
under section 110(h) of the Clean Air Act to ``assemble and publish a 
comprehensive document for each State setting forth all of the 
requirements of the applicable implementation plan for such State.''
    Numerous provisions in the Clean Air Act require States to submit 
state implementation plans (``SIPs'') specifying specify how areas 
within the State will attain (i.e., meet) and maintain (i.e., ensure 
continued compliance with) federal air quality standards. SIPs include 
state regulations that establish enforceable obligations on different 
sources of pollution, such as stationary industrial sources, to limit 
emissions of pollutants into the air. In addition, the SIP may include 
modeling or other plans (``SIP Plans'') demonstrating how these state 
regulatory controls, in conjunction with federal programs, will bring 
and/or keep air quality in compliance with federal air quality 
standards. OCEF alleges that five EPA Regional Offices--Regions 1, 2, 
3, 8 and 10--have not met the section 110(h) obligation with respect to 
SIP rules. OCEF alleges that nine EPA Regional Offices--Regions 1, 2, 
3, 4, 5, 6, 7, 8, and 10--have not met the section 110(h) obligation 
with respect to SIP Plans.
    The Consent Decree provides schedules by which Regions 1, 2, 3, 8, 
and 10 will make web accessible SIP rules for each state within the 
Region. In addition, for the nine Regions, the Consent Decree provides 
schedules by which each Region will make summaries of SIP Plans web 
accessible.
    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 Consent Decree will be final.

    Dated: April 28, 2003.
Lisa Friedman
Associate General Counsel.
[FR Doc. 03-10894 Filed 5-1-03; 8:45 am]
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