Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5610-2]

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 August 23, 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 608(a)(2) of the Clean Air Act. The proposed

partial consent decree provides that EPA shall take certain regulatory

actions under section 608(a)(2) in accordance with specified schedules.

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

deadlines for specific regulatory actions under Sec. 608(a)(2) of the

CAA.

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 August 23, 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 October

17, 1996.

Dated: August 30, 1996.

Scott Fulton,

Acting General Counsel.

[FR Doc. 96-23788 Filed 9-16-96; 8:45 am]

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