Środowisko i energia · 15/10/2004

Proposed Consent Decree, Clean Air Act Citizen Suit

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 agreement, to address consolidated lawsuits filed by the Sierra Club. Sierra Club v. Leavitt, Nos. 1:02CV00946, 1:02CV00947 and 1:03CV02410 (D. D.C.). In May 2002 and November 2003, Sierra Club filed lawsuits against EPA claiming that EPA had failed to carry out mandatory duties imposed by sections 112(d)(6) and 112(f)(2)(A) of the Act with respect to coke oven batteries and dry cleaners. Specifically, the complaints alleged that EPA had failed to determine within the deadlines established by the Act whether or not to revise technology- based standards issued for these source categories pursuant to sections 112(d)(8)(A) and 112(d)(2) to adopt more stringent technology-based standards or more stringent risk-based standards. Under the terms of the proposed consent decree, by March 31, 2005, EPA must make a final determination whether or not to amend the emission standards for coke oven batteries, and by April 28, 2006, EPA must make a final determination whether or not to amend the emission standards for dry cleaning facilities.