Proposed Settlement NSPS for Small Industrial Boilers Litigation

ENVIRONMENTAL PROTECTION AGENCY

[FRL 3-4857-8]

Proposed Settlement NSPS for Small Industrial Boilers 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 the

following case: Babcock and Wilcox Company v. U.S. EPA, No. 90-1509

(D.C. Cir.).

This case involves a challenge to new source performance standards

(NSPS) promulgated by EPA under section 111 of the Clean Air Act for

small industrial, commercial and institutional steam generating units

(small boilers). See 55 FR 37674 (September 12, 1990) (codified at 40

CFR part 60, subpart Dc).

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

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

the settlement 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.

A copy of the settlement has been lodged with the Clerk of the

United States Court of Appeals for the District of Columbia Circuit.

Copies of the settlement are also available from Diane Weeks, Air and

Radiation Division (2344), Office of General Counsel, U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20640, (202) 260-7620. Written comments should be sent to Robert J.

Martineau, Jr., at the above address and must be submitted on or before

May 4, 1994.

Dated: March 25, 1994.

Jean C. Nelson,

General Counsel.

[FR Doc. 94-7987 Filed 4-1-94; 8:45 am]

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