Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Notices 77025

agreement, which was filed with the

United States Court of Appeals for the

District of Columbia Circuit by the

United States Environmental Protection

Agency (‘‘EPA’’) on November 21, 2000,

to address a lawsuit filed by the Sierra

Club and the New York Public Interest

Research Group (collectively referred to

as ‘‘Sierra Club’’). Sierra Club filed a

petition for review pursuant to section

307(b) of the Act, 42 U.S.C. 7607(b)

challenging EPA’s extension of the

interim approval of title V permitting

programs for approximately 80

permitting authorities. Sierra Club v.

EPA, No. 00–1262 (D.C. Cir.).

DATES: Written comments on the

proposed settlement agreement must be

received by January 8, 2001.

ADDRESSES: Written comments should

be sent to Jan M. Tierney, Air and

Radiation Law Office (2344), Office of

General Counsel, U.S. Environmental

Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

Copies of the proposed settlement

agreement are available from Phyllis J.

Cochran, (202) 564–5566. A copy of the

proposed settlement agreement was

filed with the Clerk of the United States

Court of Appeals for the District of

Columbia Circuit on November 21,

1999.

SUPPLEMENTARY INFORMATION: Sierra

Club alleges that EPA acted contrary to

law by extending the interim approval

of title V permitting programs for more

than 80 permitting authorities. Under

title V of the CAA, EPA promulgated

regulations specifying the requirements

for State operating permit programs.

States, or local permitting authorities to

which the States delegated authority,

submitted programs to EPA for approval

in the early to mid 1990’s. Pursuant to

section 502(g) of the Act, 42 U.S.C.

7661a(g), EPA granted interim approval

of a number title V permitting programs.

Subsequently, EPA extended the interim

approval of programs through a series of

notices in the Federal Register. Most

recently, on May 22, 2000, EPA took

final action extending the interim

approval for approximately 80 title V

permitting programs and Sierra Club

challenged that final action.

The settlement agreement provides

that Sierra Club’s challenge to EPA’s

final action will be stayed pending

several actions by the Agency. Pursuant

to the key provisions of the settlement

agreement, Sierra Club may request the

court to lift the stay of the litigation if

EPA fails to: (A) Propose by December

15, 2000, amendments to 40 CFR

70.4(d)(2)to eliminate language that

could be construed to grant EPA

authority to extend further interim

approval of a title V permitting program;

(B) take final action by June 1, 2000,

promulgating such amendments; (C)

notify by December 1, 2000, each

permitting authority by letter that a

federal program will apply if EPA has

not fully approved a revised title V

permit program for the area by

December 1, 2001; and (D) issue by

December 1, 2000, a notice informing

the public that they may submit

comment identifying deficiencies with

approved or interim approved title V

permit programs and that EPA will

respond to such comments by specified

dates.

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

settlement agreement 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

settlement agreement 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 settlement agreement

will be final.

Dated: December 1, 2000.

Anna Wolgast,

Acting General Counsel.

[FR Doc. 00–31334 Filed 12–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6913–6]

Notice of Settlement Extension:

National Ambient Air Quality Standard;

Sulfur Oxides Remand

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of settlement extension.

SUMMARY: In 1998, the United States

Court of Appeals for the D.C. Circuit

remanded EPA’s decision to not revise

the National Ambient Air Quality

Standard for sulfur oxides for further

explanation by EPA. American Lung

Association v. Browner, 134 F. 3d 388

(D.C. Cir. 1998). Subsequently, the

American Lung Association (ALA) and

EPA agreed that EPA would propose a

response to the court’s remand by

summer, 1999 and that EPA would

finalize its response to the remand by

the end of the year 2000. In exchange,

ALA agreed to not file a petition for

rehearing en banc with the court and to

not pursue any mandatory duty or

unreasonable delay claims regarding the

remand prior to January, 2001.

In September 1999, EPA and ALA met

to discuss the status of the remand and

agreed to extend the summer, 1999

deadline until January 15, 2000.

Since that time EPA and ALA have

continued discussions and EPA has

continued to work on the remand. As a

result, EPA and ALA have agreed that

by the end of 2000, EPA will publish a

notice in the Federal Register

describing the status of the remand and

related activities and soliciting

appropriate comment. For its part, ALA

has agreed not to pursue any mandatory

duty or unreasonable delay claims

regarding the remand prior to January,

2001.

Dated: December 1, 2000.

Anna Wolgast,

Acting General Counsel.

[FR Doc. 00–31333 Filed 12–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[ER–FRL–6613–4]

Environmental Impact Statements;

Notice of Availability

Responsible Agency: Office of Federal

Activities, General Information (202)

564–7167 or www.epa.gov/oeca/ofa.

Weekly receipt of Environmental Impact

Statements Filed November 27, 2000

Through December 1, 2000 Pursuant

to 40 CFR 1506.9.

EIS No. 000416, DRAFT EIS, SFW, CA,

Metro Air Park Habitat Conservation

Plan, Issuance of an Incidental Take

Permit, To Protect, Conserve and

Enhance Fish, Wildlife and Plants and

their Habitat, Natomas Basin,

Sacramento County, CA, Due:

February 6, 2001, Contact: Vickie

Campbell (916) 414–6600.

EIS No. 000417, DRAFT EIS, NPS, GA,

Cumberland Island National Seashore

General Management Plan,

Wilderness Management Plan,

Commercial Services Plan,

Interpretation Plan, Resource Cultural

and Natural Management Plan,

Implementation, St. Marys County,

GA, Due: April 9, 2001, Contact:

Arthur Frederick (912) 882–4336.

EIS No. 000418, FINAL EIS, AFS, MN,

Little East Creek Fuel Reduction

Project, Plan to Grant Access Across

Federal Land to Non-Federal

Landowners, Implementation,

LaCroix Ranger District, Superior