[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Notices]
[Page 32748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13717]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7506-4]


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 (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given 
of a proposed consent decree that the United States Environmental 
Protection Agency (``EPA'') lodged with the United States District 
Court for the Northern District of California on May 14, 2003 to 
address a lawsuit filed by Medical Advocates for Healthy Air, Sierra 
Club and Latino Issues Forum. Medical Advocates for Healthy Air et. al. 
v. Whitman, Case No. C-02-5102 CRB( N.D. Cal.). This lawsuit was filed 
pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a).

DATES: Written comments on the proposed consent decree must be received 
by July 2, 2003.

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) 972-3900.

SUPPLEMENTARY INFORMATION: This lawsuit concerns EPA's alleged failure 
to perform certain nondiscretionary duties under the CAA. The consent 
decree provides that: (1) the Administrator of EPA or her delegatee 
shall sign no later than March 31, 2004, a notice for publication in 
the Federal Register proposing a federal implementation plan (``FIP'') 
to implement the requirements of section 189(b)(1)(B) of the Act, 42 
U.S.C. 7513a(b)(1)(B), for the San Joaquin Valley PM-10 nonattainment 
area; and (2) the Administrator or her delegatee shall sign no later 
than July 31, 2004, a notice for publication in the Federal Register 
taking final action to adopt a FIP to implement the requirements of 
that section for the San Joaquin Valley. Section 189(b)(1)(B) provides 
that plans for serious PM-10 nonattainment areas must include 
provisions to assure the implementation of best available control 
measures. The consent decree also provides that EPA's obligation to 
promulgate the FIP shall be relieved as to any portions of the plan for 
which the Administrator or her delegatee signs a notice of final 
rulemaking by July 31, 2004 approving state implementation plan 
(``SIP'') revisions for the San Joaquin Valley pursuant to Clean Air 
Act sections 110(k)(3) and 189(b)(1)(B), 42 U.S.C. 7410(k)(3), 
7313a(b)(1)(B).
    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: May 22, 2003.
Lisa K. Friedman,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 03-13717 Filed 5-30-03; 8:45 am]
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