[Federal Register Volume 68, Number 173 (Monday, September 8, 2003)]
[Notices]
[Page 52922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22769]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7555-1]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

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 August 15, 2003, Environmental Defense 
filed a complaint pursuant to section 304(a) of the Act, 42 U.S.C. 
7604(a), alleging that the Environmental Protection Agency had failed 
to meet its mandatory duty to promulgate guidelines and requirements 
for Best Available Retrofit Technology (``BART'') for certain major 
stationary sources. Environmental Defense v. Marianne Lamont Horinko, 
No. 1:03CV01737 RMU (D.D.C.). On August 19, 2003, the United States 
Environmental Protection Agency lodged the proposed Consent Decree with 
the United States District Court for the District of Columbia Circuit. 
The proposed Consent Decree establishes a time frame for EPA to 
promulgate the BART regulations and guidelines.

DATES: Written comments on the Proposed Consent decree must be received 
by October 8, 2003.

ADDRESSES: Written comments should be sent to M. Lea Anderson, 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.

SUPPLEMENTARY INFORMATION: Environmental Defense alleges that EPA 
failed to promulgate BART regulations and guidelines by the 
Congressionally-enacted deadline.
    Pursuant to sections 169A and 169B of the Clean Air Act, EPA 
promulgated regulations on July 1, 1999 to protect visibility in 
Federal Class I areas. 64 FR 35714 (``regional haze rule''). In 
addition, pursuant to section 169A(b), EPA proposed to promulgate 
guidelines for the implementation of the BART requirements of the 
regional haze rule on July 20, 2001, 66 FR 38108, but has not published 
final guidelines. The regional haze rule was challenged, and on May 24, 
2002, the United States Court of Appeals for the District of Columbia 
Circuit (``D.C. Circuit'') vacated and remanded to EPA the BART 
provisions of the regional haze rule. American Corn Growers Assoc. v. 
EPA, 291 F.3d 1 (D.C. Cir. 2002).
    Section 169B(e) of the CAA provides that EPA must carry out its 
regulatory responsibilities under section 169A of the Act to promulgate 
regulations to protect visibility by December 10, 1997.\1\ These 
regulations must require each applicable implementation plan to contain 
measures to assure reasonable progress toward the national visibility 
goal, including requirements that certain major stationary sources 
procure, install, and operate BART. CAA section 169A(b)(2). The CAA 
also requires EPA to provide guidelines to the States on the 
implementation of the visibility program, including guidelines for the 
determination of BART emission limits for fossil-fuel fired generating 
plants with a total generating capacity in excess of 750 megawatts. CAA 
section 169A(b).
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    \1\ Section 169B(e)(1) of the CAA requires EPA to issue regional 
haze rules within 18 months of the receipt of the final report of 
the Grand Canyon Visibility Transport Commission. This report was 
received by EPA on June 10, 1996.
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    The Consent Decree provides that EPA will sign a notice of proposed 
rulemaking setting forth its proposed BART regulations and guidelines 
no later than April 15, 2004. It further provides that EPA will submit 
the notice of proposed rulemaking to the Office of Federal Register no 
later than five days following signature. The Decree also provides that 
EPA shall sign a final notice of rulemaking setting forth its BART 
regulations and guidelines no later than April 15, 2005, and that EPA 
will submit the notice of final rulemaking to the Office of Federal 
Register no later than five days following signature.
    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: August 22, 2003.
Lisa K. Friedman,
Associate General Counsel.
[FR Doc. 03-22769 Filed 9-5-03; 8:45 am]
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