[Federal Register Volume 66, Number 143 (Wednesday, July 25, 2001)]
[Notices]
[Pages 38673-38674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18532]


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ENVIRONMENTAL PROTECTION AGENCY


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed partial consent decree in Sierra Club v. Whitman, Civ. No. 
1:00CV02206 (D.D.C.), a lawsuit filed by the Sierra Club and the Group 
Against Smog and Pollution (``GASP'') under section 304(a) of the Act, 
42 U.S.C. 7604(a). The lawsuit concerns EPA's alleged failure to 
determine whether various identified areas that are designated as 
nonattainment for either the 1-hour ozone or PM10 NAAQS attained these 
NAAQS by their applicable attainment dates. An earlier proposed partial 
consent decree, addressing claims as to certain of these areas, was 
lodged with the United States District Court for the District of 
Columbia on January 12, 2001.

DATES: Written comments on the proposed partial consent decree must be 
received by August 24, 2001.

ADDRESSES: Written comments should be sent to Kendra Sagoff Air and 
Radiation Division (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, Ariel Rios Building--North, 1200 
Pennsylvania Avenue, NW., Washington, D.C. 20004. Copies of the 
proposed partial consent decree are available from Samantha Hooks, 
(202) 564-5566.

SUPPLEMENTARY INFORMATION: The Clear Air Act requires EPA to determine 
within six months of the applicable attainment date whether areas that 
are designated as nonattainment for the ozone and PM10 national ambient 
air quality standards (``NAAQS'') attained those standards by those 
dates. See sections 181(b)(2) and 188(b)(2), 42 U.S.C. 7511(b)(2) and 
7513(b)(2). If EPA determines that an area failed to attain the 
applicable NAAQA by the applicable attainment date, the Act provides 
that such area shall be reclassified by operation of law to the next 
higher classification. This second proposed partial consent decree 
provides that, with respect to certain additional areas identified in 
the complaint, EPA shall sign a notice of final rulemaking by specified 
dates, determining for each identified area

[[Page 38674]]

either that it attained the relevant NAAQS by the applicable attainment 
date, or did not attain such NAAQS by such date. In the case where the 
determination is that the area did not timely attain the NAAQS, the 
proposed partial consent decree provides that EPA shall inform the 
public through notice in the Federal Register, and identify the 
appropriate reclassification for that area in the notice of final 
rulemaking.
    For the period of thirty (30) days following the date of 
publication of this notice, EPA will receive written comments relating 
to the proposed partial consent decree from persons who were not named 
as parties or intervenors 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: July 17, 2001.
John T. Hannon,
Associate General Counsel, Air and Radiation Law Office.
[FR Doc. 01-18532 Filed 7-24-01; 8:45 am]
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