Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5301-6]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

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, as

amended (``Act''), notice is hereby given of a proposed settlement

agreement in the following case: OZ Technology v. Environmental

Protection Agency, No. 95-0289 (D. Id.). This action was filed pursuant

to 28 U.S.C. 1331 and 1361 and 5 U.S.C. 701-706, seeking a preliminary

injunction. At issue is the alleged failure of EPA to respond to

petitions filed by OZ Technology pursuant to section 612(d) of the CAA,

42 U.S.C. 7671k(d). In addition, OZ Technology sought relief from

``misinformation and misstatements'' allegedly communicated by EPA

regarding OZ Technology's products.

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

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

the proposed settlement agreement from persons who were not named as

parties or intervenors to the litigation in question. EPA or the

Department of Justice may withhold or withdraw consent to the proposed

agreement if the comments disclose facts or circumstances that indicate

that such agreement is inappropriate, improper, inadequate, or

inconsistent with the requirements of the Act.

A copy of the proposed settlement agreement is available from Sonja

Lee, Air and Radiation Division (2344R), Office of General Counsel,

U.S. Environmental Protection Agency, 401 M Street, S.W., Washington,

D.C. 20460, (703) 235-5330. Written comments should be sent to Jan M.

Tierney, at the above address and must be submitted on or before

October 23, 1995.

Dated: September 12, 1995.

Jonathan Z. Cannon,

Assistant Administrator (General Counsel).

[FR Doc. 95-23572 Filed 9-21-95; 8:45 am]

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