[Federal Register Volume 66, Number 94 (Tuesday, May 15, 2001)]
[Notices]
[Page 26854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12208]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6972-9]


Proposed Settlement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed consent decree; request for public comment.

-----------------------------------------------------------------------

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 which was lodged with the United States 
District Court for the Northern District of California by the United 
States Environmental Protection Agency (``EPA'') on April 16, 2001 to 
address a lawsuit filed by Our Children's Earth Foundation. This 
lawsuit, which was filed pursuant to section 304(a) of the Act, 42 
U.S.C. 7604(a), addresses EPA's alleged failure to publish a 
comprehensive document for each State in EPA Region 9, setting forth 
all requirements of each such State's applicable State Implementation 
Plan under section 110(h) of the Act, 42 U.S.C. 7410(h). Our Children's 
Earth Foundation v. EPA, Civil No. C-01-1475 EDL (N.D. Cal.).

DATES: Written comments on the proposed consent decree must be received 
by June 14, 2001.

ADDRESSES: Written comments should be sent to Jeff Wehling, 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 Janet Taber, (415) 744-1341.

SUPPLEMENTARY INFORMATION: The Clean Air Act requires EPA to assemble 
and publish a comprehensive document for each State setting forth all 
requirements of the applicable implementation plan for such State. See 
section 110(h), 42 U.S.C. 7410(h). Such an applicable plan is referred 
to as a State implementation plan or ``SIP.'' Under the proposed 
consent decree, EPA shall make available to the general public on the 
Region 9 website (i.e., make ``web accessible'') certain information 
concerning the SIPs. This information shall include a log of current 
EPA-approved SIP rules for each local air quality management district 
or air pollution control district within Region 9 (referred to as 
``District'') showing approval dates and Federal Register citations and 
a copy of the rules themselves. In addition, EPA shall make web 
accessible summaries of the SIP commitments made by each District in 
local plans developed under part D of Title I of the Act, as amended in 
1990. These plan summaries shall identify each control measure approved 
by EPA for adoption and implementation by the District, the emissions 
reductions to which the District has committed, the schedule of 
adoption and implementation dates to which the District has committed, 
and any rule number for the SIP rule adopted by the District relating 
to the control measure. The proposed consent decree provides for a 
series of deadlines for making these SIP requirements web accessible 
with the last such deadline occurring on March 31, 2002.
    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: April 24, 2001.
Anna L. Wolgast,
Acting General Counsel.
[FR Doc. 01-12208 Filed 5-14-01; 8:45 am]
BILLING CODE 6560-50-P