Proposed Consent Decree, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5801-6]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; 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 consent decree in the following case: Sierra Club, National

Wildlife Federation, Chesapeake Bay Foundation, Inc. v. Carol M.

Browner, Administrator, United States Environmental Protection Agency,

No. 96-1680 (D.C. Cir.). This action was filed under section 304(a)(2)

of the Act, 42 U.S.C. 7604(a)(2), contesting EPA's alleged failure to

meet mandatory deadlines under sections 112(m)(5) and (m)(6) of the

Act, 42 U.S.C. 7412(m)(5) and (m)(6), which concern the atmospheric

deposition of hazardous air pollutants to the Great Lakes, the

Chesapeake Bay, Lake Champlain and the coastal waters of the United

States. The proposed consent decree provides that EPA shall take

certain actions under those provisions in accordance with specified

schedules.

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 consent decree from persons who were not named as parties

to the litigation in question. EPA or the Department of

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Justice (``DOJ'') may withhold or withdraw consent to the proposed

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 DOJ

determines, following the comment period, that consent is

inappropriate, the final consent decree will establish deadlines for

specific actions under sections 112 (m)(5) and (m)(6) of the Act.

A copy of the proposed consent decree was lodged with the Clerk of

the United States District Court for the District of Columbia on March

14, 1997. A copy of the proposed consent decree is 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 Michael W. Thrift at the above address and must be submitted on

or before April 24, 1997.

Dated: March 18, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-7372 Filed 3-24-97; 8:45 am]

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