Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5633-5]

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''), 42 U.S.C. 7413(g), 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 September 27, 1996, to

address two lawsuits filed by the Sierra Club. These lawsuits, which

were filed pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a),

concern, among other things, EPA's alleged failure to meet mandatory

deadlines under sections 112(c)(3), (c)(6), (k)(3), and 202(l)(2) of

the Act, 42 U.S.C. 7412(c)(3), (c)(6), (k)(3), and 7521(l)(2), which

concern the emission of hazardous air pollutants from stationary and

mobile sources. The proposed partial consent decree provides that EPA

shall take certain actions under those provision 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 person 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

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 determine, following the comment period, that

consent is inappropriate, the final partial consent decree will

establish deadlines for specific regulatory actions under sections 112

(c)(3), (c)(6), (k)(3), and 202(l)(2) of the Act.

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 September 27, 1996. Copies are also available from Phyllis Cochran,

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

Environmental Protection Agency, 401 M Street, S.W., Washington, D.C.

20460, (202) 260-7606. Written comments should be sent to Patrick S.

Chang at the address above and must be submitted on or before November

8, 1996.

Dated: October 3, 1996.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 96-25890 Filed 10-8-96; 8:45 am]

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