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2011-33455 Proposed Settlement Agreement, Clean Air Act Citizen Suit Notice In accordance with section 113(g) of the Clean Air Act, as amended ("CAA" or the "Act"), notice is hereby given of a proposed settlement agreement between Sierra Club and the U.S. Environmental Protection Agency. On March 2, 2011, Sierra Club submitted to Lisa Jackson, Administrator, United States Environmental Protection Agency ("EPA") a Notice of intent to sue, pursuant to CAA section 304(b)(2), for alleged failure to make determinations of whether certain areas designated nonattainment for the 1997 8-hour ozone national ambient air quality standard ("8-Hour ozone standard") have attained that standard, pursuant to section 181(b)(2) of the CAA. Sierra Club's Notice alleged that EPA failed to perform nondiscretionary duties under the CAA as to whether seven 1997 8-hour ozone areas: (1) Boston- Lawrence-Worcester (Eastern Massachusetts), (2) Chicago-Gary-Lake County (Illinois portion), (3) New York-Northern New Jersey-Long Island (New York, New Jersey, and Connecticut portions), (4) Springfield (Western Massachusetts), (5) St. Louis (Illinois and Missouri portions), (6) Charlotte-Gastonia-Rock Hill (North Carolina and South Carolina portions), and (7) Boston-Manchester-Portsmouth (New Hampshire portion) attained the 1997 8-hour ozone standard by the applicable attainment date. The proposed settlement agreement includes the Parties' agreement that EPA has taken actions with respect to three of these areas--the Boston-Manchester-Portsmouth, Charlotte-Gastonia-Rock Hill, and Chicago-Gary-Lake County areas--that have rendered moot the allegations in Sierra Club's Notice related to these areas. The proposed settlement agreement establishes deadlines for EPA to make determinations for the remaining four areas: New York-Northern New Jersey-Long Island (NY, NJ, CT) Springfield (Western MA), Boston- Lawrence-Worcester (Eastern MA), and St. Louis (IL, MO). 2011-12-29 2011 12 https://www.federalregister.gov/documents/2011/12/29/2011-33455/proposed-settlement-agreement-clean-air-act-citizen-suit https://www.govinfo.gov/content/pkg/FR-2011-12-29/pdf/2011-33455.pdf Environmental Protection Agency 145 In accordance with section 113(g) of the Clean Air Act, as amended ("CAA" or the "Act"), notice is hereby given of a proposed settlement agreement between Sierra Club and the U.S. Environmental Protection Agency. On March 2, 2011, Sierra Club submitted...  

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