Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5960-6]

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 November 19, 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), concerns,

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

under section 112(f)(1) of the Act, 42 U.S.C. 7412(f)(1). Section

112(f)(1) of the Act relates to a report to Congress on the risk to

public health remaining, or likely to remain, from sources subject to

hazardous air pollutant regulation under section 112 of the Act, 42

U.S.C. 7412, after the application of technology-based standards under

section 112(d) of the Act, 42 U.S.C. 7412(d). The proposed partial

consent decree provides that no later than March 24, 1998, the

Administrator shall sign a notice of availability of the proposed

report, and that no later than February 1, 1999, the Administrator

shall sign the letter transmitting the final report to Congress.

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 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 withhold or withdraw consent to the proposed

partial consent decree if the comments disclose facts or circumstances

that indicate that such consent is inappropriate, improper, inadequate,

or inconsistent with the requirements of the Act. Unless EPA or the

Department of Justice determines, following the comment period, that

consent is inappropriate, the final partial consent decree will

establish the deadlines listed above for specific actions under section

112(f)(1) 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 November 19, 1997. Copies are also available from Phyllis Cochran,

Air and Radiation Division (2344), Office of General Counsel, U.S.

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

20460, (202) 260-7606. Written comments should be sent to Diane E.

McConkey at the address above and must be submitted on or before

January 2, 1998.

Dated: November 24, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-31571 Filed 12-1-97; 8:45 am]

BILLING CODE 6560-50-M