Proposed Settlement; Industrial and Commercial Waste Incineration Rulemaking: Deadline Litigation

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5837-4]

Proposed Settlement; Industrial and Commercial Waste Incineration

Rulemaking: Deadline Litigation

AGENCY: Environmental Protection Agency (EPA).

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

(``Act''), notice is hereby given of a proposed partial settlement of

Sierra Club v. Browner, No. 97-CV00675 (D.C. Cir.).

The case was brought by Sierra Club, which seeks to compel

defendant Carol Browner, EPA Administrator, to take two actions

mandated by the Clean Air Act (``the Act''). The first count seeks to

compel Defendant to transmit to Congress the report specified in

section 112(f)(1) of the Act. The second count seeks to compel

Defendant to promulgate regulations for solid waste

[[Page 31098]]

incinerators combusting industrial and commercial waste pursuant to

section 129(a)(1)(D) of the Act.

The proposed partial settlement relates only to the second count

raised by the petitioner in the case and provides a date by which the

Administrator will promulgate regulations applicable to solid waste

incinerators combusting industrial and commercial waste.

For a period of thirty (30) days following the date of publication

of this notice, the Agency will receive written comments relating to

the settlement 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 settlement if the comments disclose

facts or circumstances that indicate that such consent is

inappropriate, improper, inadequate, or inconsistent with the

requirements of the Act. Copies of the settlement are 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 Leslye M. Fraser at the above address and must be submitted on or

before July 7, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-14855 Filed 6-5-97; 8:45 am]

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