[Federal Register Volume 66, Number 84 (Tuesday, May 1, 2001)]
[Notices]
[Pages 21754-21755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10808]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6971-9]


Proposed Settlement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

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 
proposed consent decree which was lodged with the United States 
District Court for the Northern District of California by the United 
States Environmental Protection Agency (``EPA'') on April 5, 2001 to 
address a lawsuit filed by the Bayview Hunters Point Community 
Advocates, Communities for a Better Environment, Latino Issues Forum, 
Sierra Club, Transportation Solutions Defense and Education Fund, Urban 
Habitat Program, a Project of the Tides Center, and Our Children's 
Earth Foundation. This lawsuit, which was filed pursuant to section 
304(a) of the Act, 42 U.S.C. 7604(a), addresses EPA's alleged failure 
to meet a mandatory deadline under section 110(k) of the Act, 42 U.S.C. 
7410(k), to take final action to approve or disapprove the 1999 San 
Francisco Bay Area Ozone Attainment Plan. Bayview Hunters Point 
Community Advocates et. al. v. EPA, Civil No. C-01-0050 THE (N.D. 
Cal.).

DATES: Written comments on the proposed consent decree must be received 
by May 31, 2001.

ADDRESSES: Written comments should be sent to Jan Taradash, Office of 
Regional Counsel, U.S. Environmental Protection Agency Region 9, 75 
Hawthorne Street, San Francisco, CA 94105. Copies of the proposed 
consent decree are available from Jan Taber, (415) 744-1341.

SUPPLEMENTARY INFORMATION: The Clean Air Act requires EPA to take 
action to approve or disapprove a State implementation plan revision 
within 12 months of a determination by the Administrator that such 
revision is complete. See section 110(k)(1)-(4), 42 U.S.C. 7410(k)(1)-
(4). On August 13, 1999, the California Air Resources Board submitted 
to EPA the 1999 San Francisco Bay Area Ozone Attainment Plan (``1999 
Plan'') as a proposed revision to the California State Implementation 
Plan. EPA found the 1999 Plan to be complete pursuant to section 
110(k)(1)(B), 42 U.S.C. 7410(k)(1)(B), on October 28, 1999. On March 
30, 2001, EPA published a proposed rule on the plan. 66 FR 17379. The 
proposed consent decree provides that the Administrator or her 
delegatee shall sign no later than August 28, 2001, a notice for 
publication in the Federal Register taking final action pursuant to 
section 110(k) of the Act, 42 U.S.C. 7410(k), and shall submit the 
notice by September 4, 2001, to the Office of the Federal Register for 
publication.

    For a period of thirty (30) days following the date of 
publication of this notice, EPA will receive written comments 
relating to the proposed consent decree from persons who were not 
named as parties 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.

[[Page 21755]]

    Dated: April 17, 2001.

Anna L. Wolgast,
Acting General Counsel.
[FR Doc. 01-10808 Filed 4-30-01; 8:45 am]
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