Proposed Settlement, Acid Rain Opt-in-Rule Litigation

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5685-4]

Proposed Settlement, Acid Rain Opt-in-Rule 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 settlement of Alcoa

Generating Corporation v. United States Environmental Protection

Agency, No. 95-1292 (D.C. Cir.).

This case involves a challenge to the final rule, entitled ``Opting

into the Acid Rain Program,'' which, inter alia, established provisions

that allow certain sulfur dioxide emitting combustion sources that are

not otherwise subject to the Acid Rain Program to voluntarily become

subject to, or ``opt into,'' the Acid Rain Program and receive

marketable emission allowances.

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

of this notice, the environmental Protection Agency will receive

written comments relating to the settlement from persons who were not

named as parties to the litigation in question. The Agency 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 Jacqueline 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 Jonathan Averback, Air and Radiation

division (2344), Office of General Counsel, U.S. Environmental

Protection Agency, 401 M Street, S.W., Washington, D.C. 20460 and must

be submitted on or before March 7, 1997.

Dated: January 27, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-2842 Filed 2-4-97; 8:45 am]

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