[Federal Register Volume 66, Number 20 (Tuesday, January 30, 2001)]
[Notices]
[Page 8229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2567]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6938-2]


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. Browner, 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 
attainment dates. The proposed partial consent decree 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 March 1, 2001.

ADDRESSES: Written comments should be sent to Kevin W. McLean, Air and 
Radiation Division (2344A), Office of General Counsel, U.S. 
Environmental Protection Agency, Ariel Rios Building--North, 1200 
Pennsylvania Avenue, NW., Washington, DC 20004. Copies of the proposed 
partial consent decree are available from Samantha Hooks, (202) 564-
7606.

SUPPLEMENTARY INFORMATION: The Clean 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 
relevant NAAQS by the applicable attainment date, the Act provides that 
such area shall be reclassified by operation of law to the next higher 
classification. The proposed partial consent decree provides that, with 
respect to certain areas identified in the complaint, EPA shall sign a 
notice of final rulemaking by specified dates determining for each 
identified area 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 a 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 interveners 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: January 17, 2001.
Anna Wolgast,
Acting for General Counsel.
[FR Doc. 01-2567 Filed 1-29-01; 8:45 am]
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