Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL 5657-1]

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 settlement

agreement in the following case: Sierra Club versus Carol M. Browner,

Civ. No. 93-0124 (consol. with 93-0125, 93-0197, and 93-0564) (D.D.C.).

This action was filed under section 304(a)(2) of the Act, 42 U.S.C.

7604(a)(2), contesting among other matters EPS's failure to promulgate

regulations containing standards applicable to emissions from new

nonroad engines pursuant to section 213(a) of the Act. The Settlement

Agreement concerns issuance by EPA of guidance to states on State

Implementation Plan emissions credits for California Tier 2 Utility and

Lawn and Garden Equipment Engine Emission Regulations.

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

Phyllis J. 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 John Hannon, Esq. at the above address and must be submitted

on or before December 30, 1996.

Dated: November 20, 1996.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 96-30482 Filed 11-27-96; 8:45 am]

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