[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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