Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FR-5909-8]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

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, 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 30, 1997, to address

a lawsuit filed by the Sierra Club. This lawsuit, which was filed

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

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

under section 112(n)(1)(B) of the Act, 42 U.S.C. 7412(n)(1)(B), which

concerns a study of mercury emissions. The proposed partial consent

decree provides, in part, that ``[n]o later than December 19, 1997, the

Administrator shall sign a letter transmitting to Congress the study

described by CAA section 112(n)(1)(B), 42 U.S.C. 7412(n)(1)(B). With

five business days thereafter, EPA shall deliver to Congress such

letter and study.''

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

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

the proposed partial consent decree from persons who were not named as

parties or intervenors to the litigation in question. EPA or the

Department of Justice may withdraw or withhold consent to the proposed

partial consent decree if the comments disclose facts or considerations

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 a deadline for specific actions under section 112(n)(1)(B) 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 30, 1997. Copies are also available from Phyllis J.

Cochran, Air and Radiation Division (2344), Office of General Counsel,

U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC

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

14, 1997.

[[Page 53627]]

Dated: October 3, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-27258 Filed 10-14-97; 8:45 am]

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