Proposed Settlement Agreement, Clean Air Act Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5692-5]

Proposed Settlement Agreement, Clean Air Act Suit

AGENCY: Environmental Protection Agency.

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

agreement, which was lodged with the United States District Court for

the District of Columbia by the United States Environmental Protection

Agency (``EPA'') on January 31, 1997, in a lawsuit filed by the

Washington Legal Foundation. A number of United States Senators and

Representatives are co-plaintiffs. This lawsuit concerns, among other

things, EPA's alleged failure to meet mandatory deadlines under section

312 of the CAA to provide to Congress (1) a Cost/Benefit Report

regarding the costs and benefits of past compliance with certain CAA

standards (``Retrospective Report'') and (2) the first Cost/Benefit

Report making projections into the future regarding expected costs,

benefits and other effects of compliance with CAA standards

(``Prospective Report''). The proposed settlement agreement provides

that EPA shall promulgate the Retrospective Report to Congress no later

than October 15, 1997 and the first Prospective Report no later than

August 30, 1999.

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

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

proposed settlement agreement from persons who were not named as

parties to the litigation in question. In accordance with section

113(g) of the CAA, EPA or the Department of Justice may withhold or

withdraw consent to the proposed settlement agreement 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 parties intend that the CAA provisions of the final

settlement agreement, including the deadlines for the promulgation of

the reports provided for in Sec. 312, will be incorporated into an

appropriate order of the court.

A copy of the proposed settlement agreement was lodged with the

Clerk of the United States District Court for the District of Columbia

on January 31, 1997. Copies are also available from Samantha Hooks

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

Environmental Protection Agency, 401 M Street, S.W., Washington, D.C.

20460, (202) 260-7620. Written comments should be sent to Hale

Hawbecker at the above address and must be submitted on or before March

24, 1997.

Dated: February 10, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-4322 Filed 2-20-97; 8:45 am]

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