[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Notices]
[Page 70355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29874]
[[Page 70355]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6905-7]
Proposed Settlement Agreement, Clean Air Act
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 agreement in the following case: Earth Island
Institute v. U.S. Environmental Protection Agency, Civ. No. 00-1065
(D.C. Cir.). This action was filed pursuant to section 307(b) of the
Act, 42 U.S.C. 7607(b), contesting EPA's final regulations for New
Marine Compression-Ignition Engines at or Above 37kW. The final rules
were issued under section 213(a)(3) of the Act and published at 64 FR
73300 (December 29, 1999).
DATES: Written comments on the proposed settlement agreement must be
received by December 22, 2000.
ADDRESSES: Written comments should be sent to Mark M. Kataoka, 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 settlement agreement are
available from Phyllis J. Cochran, (202) 564-5566.
SUPPLEMENTARY INFORMATION: Earth Island Institute alleges in their
lawsuit that EPA's final rule failed to establish emission standards
for certain marine compression-ignition engines and thereby violated
the Act. The proposed settlement agreement provides, in part, a
schedule by which EPA will propose and take final action on a
NOX emission standard for certain new marine compression-
ignition engines. The proposed settlement agreement also provides that
if EPA accomplishes certain actions including the rulemaking described
above, Earth Island Institute will agree to dismissal with prejudice of
its petition for review.
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 then be
executed by the parties.
Dated: November 14, 2000.
Gary S. Guzy,
General Counsel.
[FR Doc. 00-29874 Filed 11-21-00; 8:45 am]
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