Proposed Settlement Agreement, Clean Air Act Citizen Suit

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ENVIRONMENTAL PROTECTION AGENCY

[FRL 5551-7]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

Agency: Environmental Protection Agency.

ACTION: Notice of proposed settlement; request for public comments.

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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 July 16, 1996, in a lawsuit filed by the

Delaware Valley Citizens' Council for Clean Air (``Delaware Valley'').

This lawsuit, which was filed pursuant to section 304(a) of the Act, 42

U.S.C. 7604(a), concerns, among other things, EPA's alleged failure to

meet a mandatory duty to (1) act on certain State implementation plan

(``SIP'') submittals pursuant to section 110(k)(3) of the Clean Air

Act; (2) to impose sanctions under section 179(a) of the Act; and (3)

to promulgate a federal implementation plan pursuant to section 110(c)

of the Act. The proposed consent decree provides that EPA shall take

action by specific dates with respect to Pennsylvania's 15% and

reasonable further progress submissions for Southeastern Pennsylvania

and Pennsylvania's inspection and maintenance plan submission.

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 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 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 consent decree will establish deadlines for

EPA action on certain SIP submittals from the Commonwealth of

Pennsylvania.

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

the United States District Court for the Eastern District of

Pennsylvania on July 16, 1996. Copies are also available from Jacquie

Jordan, Cross-Cutting Issues Division (2322), Office of General

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

Washington, D.C. 20460, (202) 260-7622. Written comments should be sent

to Jan M. Tierney at the address above and must be submitted on or

before September 12, 1996.

Dated: July 31, 1996.

Marcia E. Mulkey,

Acting General Counsel.

[FR Doc. 96-20610 Filed 8-12-96; 8:45 am]

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