[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Notices]
[Pages 32326-32327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10992]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7920-3]
Proposed Settlement Agreement, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Consent Decree; 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 draft
Consent Decree to address claims raised by Blue Skies Alliance,
Downwinders at Risk, Public Citizen, and Sierra Club (``Blue Skies'')
in a citizen suit filed in the United States District Court for the
Northern District of Texas. Blue Skies Alliance et. al v. United States
Environmental Protection Agency, Civil Action No. 3:04-CIV-2169-N (N.D.
TX). This lawsuit, filed pursuant to section 304(a) of the Clean Air
Act (``CAA''), 42 U.S.C. 7604(a), alleged that EPA failed to perform
the following nondiscretionary duties: Determine whether the Dallas/
Fort Worth ozone nonattainment area (``DFW'') had attained the 1-hour
national ambient air quality standard (``NAAQS'') and take final action
by the statutory deadline on two state implementation plan (``SIP'')
revisions for DFW. The proposed Consent Decree provides that EPA will
take final action on certain SIP revisions within a specified period of
time.
DATES: Written comments on the proposed settlement agreements must be
received by July 5, 2005.
ADDRESSES: Submit your comments, identified by docket ID number OGC-
2005-0006, online at http://www.epa.gov/edocket (EPA's preferred
method); by e-mail to [email protected]; mailed to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Wordperfect or ASCII file, avoiding the use of special
characters and any form of encryption, and may be mailed to the mailing
address above.
SUPPLEMENTARY INFORMATION: The Blue Skies Alliance filed suit under
section 304(a) of the CAA, 42 U.S.C. 7604(a), in the United States
District Court for the
[[Page 32327]]
Northern District of Texas. Blue Skies Alliance et. al v. United States
Environmental Protection Agency, Civil Action No. 3:04-CIV-2169-N (N.D.
TX). In the complaint, Blue Skies alleged that EPA: (1) Failed to
perform a nondiscretionary duty to determine whether the DFW had
attained the 1-hour NAAQS pursuant to section 181(b)(2) of the CAA, 42
U.S.C. 7511(b)(2); and (2) failed to perform a nondiscretionary duty to
take final action by the statutory deadline, pursuant to section
110(k)(2) of the CAA, 42 U.S.C. 7410(k)(2), on the Post-1996 Rate of
Progress SIP for DFW and the attainment demonstration SIP for DFW
submitted to EPA on April 25, 2000.
The proposed Consent Decree provides that no later than December 1,
2005, EPA shall sign for publication in the Federal Register a
notice(s) of final rulemaking to approve or disapprove, in whole or in
part, three programs that were submitted as part of the attainment
demonstration SIP: (1) The Texas Emission Reduction Plan SIP revision,
(2) the Voluntary Mobile Source Emission Reduction Program SIP
revision, and (3) the Transportation Control Measures SIP revision.
Once EPA has completed these obligations, and the actions have been
published in the Federal Register, the case will be dismissed with
prejudice.
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 Consent Decree 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 Consent Decree
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 Consent Decree will be final.
Dated: May 25, 2005.
Richard B. Ossias,
Acting Associate General Counsel.
[FR Doc. 05-10992 Filed 6-1-05; 8:45 am]
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