Proposed Settlement; Acid Rain Core Rules Litigation

ENVIRONMENTAL PROTECTION AGENCY

[FRL-4890-8]

Proposed Settlement; Acid Rain Core Rules Litigation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Settlement; 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 settlement of Alabama

Power Company, et al., v. United States Environmental Protection

Agency, No. 93-1611 (D.C. Cir.), and a proposed partial settlement of

Environmental Defense Fund v. Carol M. Browner, et al., No. 93-1203

(and consolidated cases) (D.C. Cir.).

The first case involves a challenge to a statement set forth by EPA

in the preamble of a proposed EPA action published in the Federal

Register on July 16, 1933, entitled ``Acid Rain Program: Notice of

Draft Permits and Public Comment Period.'' 58 FR 38370 (July 16, 1993).

The second case involves challenges by several parties to the acid

rain core rules published in the Federal Register on January 11, 1993,

at 58 FR 3590 (January 11, 1993). The proposed settlement related

principally to the substitution and reduced utilization provisions of

the January 11, 1993 rules.

For a period of thirty (30) days following the date of publication

of this notice, the Agency will receive written comments relating to

the settlements 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 settlement 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 settlement are available from

Phyllis Cochran, Air and Radiation Division (2344), Office of General

Counsel, U.S. Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460, (202) 260-7606. Written comments should be sent

to Patricia A. Embrey at the above address and must be submitted on or

before July 5, 1994.

Dated: May 23, 1994.

Jean C. Nelson,

General Counsel.

[FR Doc. 94-13454 Filed 6-1-94; 8:45 am]

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