[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Notices]
[Page 51855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26318]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5902-8]
Consent Decree: Phoenix Federal Implementation Plan for Carbon
Monoxide
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
(``Act''), notice is hereby given of a proposed consent decree in
litigation instituted against the Environmental Protection Agency
(``EPA'') regarding implementation of the contingency measure
provisions of the Carbon Monoxide (CO) Federal Implementation Plan
(FIP) for Phoenix, Arizona.
EPA originally promulgated CO FIP contingency measures for Phoenix
in 1991 pursuant to a court order in Delaney v. EPA, 898 F.2d 687 (9th
Cir. 1990). 56 FR 5458 (Feb. 11, 1991). In 1996 EPA approved CO
contingency measures submitted by the State of Arizona, and withdrew
the previously promulgated FIP contingency measures for Phoenix. 61 FR
51599 (Oct. 3, 1996). This action was challenged by the Arizona Center
for Law in the Pubic Interest (ACLPI), and was recently overturned by
the Ninth Circuit Court of Appeals. DiSimone v. Browner, 1997 U.S. App.
LEXIS 19796 (July 31, 1997).
Subsequently, ACLPI filed an action in District Court to compel
implementation of the FIP contingency provisions. DiSimone v. Browner,
No. CIV 97-1987 PHXRGS, D. Ariz. In order to resolve this matter
without protracted litigation, ACLPI and EPA have reached agreement on
a proposed consent decree which has been signed by the parties and
lodged with the court on Sept. 25, 1997. The consent decree provides
that, unless EPA previously approves a state submitted attainment
demonstration for CO for Phoenix, EPA will sign an initial notice of
proposed rulemaking pursuant to the FIP contingency provisions by no
later than Nov. 26, 1998, and will complete the remainder of the
requirements of the FIP contingency provisions according to the
timeframes specified in those procedures.
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. 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.
Copies of the proposed consent decree are available from Sara
Schneeberg, Air and Radiation Division (2344), Office of General
Counsel, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, D.C. 20460, (202) 260-5145. Written comments should be sent
to Sara Schneeberg at the above address and must be submitted on or
before November 3, 1997.
Dated: September 26, 1997.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 97-26318 Filed 10-2-97; 8:45 am]
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