Proposed Settlement; Municipal Solid Waste Landfills NSPS and EG Litigation

ENVIRONMENTAL PROTECTION AGENCY

[FRL-59206]

Proposed Settlement; Municipal Solid Waste Landfills NSPS and EG

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, as

amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a

proposed settlement in National Solid Wastes Management Association v.

Browner, et al., No. 96-1152 (D.C. Cir). This case involves a challenge

to EPA's rule entitled ``Standards of Performance For New Stationary

Sources and Guidelines for Control of Existing Sources: Municipal Solid

Waste Landfills,'' issued on March 12, 1996. 61 FR 9905 (March 12,

1996). The major action the Environmental Protection Agency

(``Agency'') would take under this proposed settlement would be to

propose a subpart-specific definition of the term ``modification'' for

landfills. Under this definition, the term ``modification'' would be

defined solely for landfills as any increase in the permitted volume

design capacity of the landfill, by either vertical or horizontal

expansion. EPA believes this definition is consistent with the existing

definition of modification found at 40 CFR 60.14 and, in particular, is

consistent with the exemption at 40 CFR 60.14(e) for modifications that

do not require a capital expenditure. Other actions to be taken under

the proposed settlement include a number of technical corrections and

clarifications, including a clarification of the timing of Title V

permitting obligations for sources subject to the rule.

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. 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, which includes a

draft rulemaking proposal as an attachment, are available from Samantha

Hooks, Air And Radiation Division (2344), Office of General Counsel,

U.S. Environmental Protection Agency, 401 M Street, S.W., Washington,

D.C. 20460, (202) 260-3804. Written comments should be sent to Michael

Goo, Air and Radiation Division, 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 December 15, 1997.

Copies of the settlement also are available through the Technology

Transfer Network (``TTN''), which is an Agency electronic bulletin

board that may be accessed by dialing (919) 541-5472 for up to a 14,400

baud modem; this service is free except for the cost of the phone call.

The TTN is also available on the Internet (access: http://

ttnwww.rtpnc.epa.gov). If more information on the TTN is needed, call

the HELP line at (919) 541-5472.

Dated: November 6, 1997.

Jonathan Z. Cannon,

General Counsel.

[FR Doc. 97-29857 Filed 11-12-97; 8:45 am]

BILLING CODE 6560-50-M