Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL 5508-7]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

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 partial

consent decree, which was lodged with the United States District Court

for the District of Columbia by the United States Environmental

Protection Agency (``EPA'') on May 9, 1996, in a lawsuit filed by the

Sierra Club Legal Defense Fund. This lawsuit, which was filed pursuant

to section 304(a) of the Act, 42 U.S.C. Sec. 7604(a), concerns, among

other things, EPA's alleged failure to meet a mandatory deadline under

section 112(g) of the Clean Air Act. The proposed partial consent

decree provides that EPA shall promulgate the guidance identified in

section 112(g) of the CAA, with respect to constructions and

reconstructions of major sources of hazardous air pollutants, no later

than December 15, 1996.

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 partial consent decree 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 partial consent decree

if the comments disclose facts or circumstances that indicate that such

consent is inappropriate, improper, inadequate, or inconsistent with

the requirements of the Act. Unless EPA or the Department of Justice

determines, following the comment period, that consent is

inappropriate, the final partial consent decree will establish a

deadline for the promulgation of the guidance provided for in

Sec. 112(g).

A copy of the proposed partial consent decree was lodged with the

Clerk of the United States District Court for the District of Columbia

on May 9, 1996. Copies are also available from Sonja Lee, Air and

Radiation Division (2344), 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 address above and must be submitted on or before June

24, 1996.

Dated: May 10, 1996.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 96-13086 Filed 5-23-96; 8:45 am]

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