Regulacje i polityka gospodarcza · 03/10/1997

Consent Decree: Phoenix Federal Implementation Plan for Carbon Monoxide

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