[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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