Proposed Settlement Agreement, Clean Air Act Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6104-9]

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

proposed settlement agreement, which was lodged with the United States

Court of Appeals for the District of Columbia Circuit by the United

States Environmental Protection Agency (``EPA'') on April 15, 1998, to

address a lawsuit filed by the Natural Resources Defense Council. This

lawsuit, which was filed pursuant to section 307(b) of the Act, 42

U.S.C. 7607(b), concerns, among other things, EPA's alleged failure to

list, and determine whether to regulate hazardous air pollutant

emissions from, electric utility steam generating units under section

112 of the Act, 42 U.S.C. 7412. In the proposed settlement agreement,

the EPA agrees to: (i) Undertake, and publish the results of, an

analysis of the emission reductions of SO2, NOX,

CO2, and mercury (and the effect on mercury removal costs)

that would be achieved through an array of strategies to control

SO2, NOX, CO2 and mercury; and, (ii)

proposed and promulgate a new reference test method for determining the

ambient concentration of mercury in water.

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

of this document, EPA will receive written comments relating to the

proposed settlement agreement from persons who were not named as

parties or interveners to the litigation in question. 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 final settlement agreement will contain

the requirements listed above.

A copy of the proposed settlement agreement was lodged with the

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

Columbia Circuit on April 15, 1998. Copies are also available from

Phyllis Cochran, Air and Radiation Law

[[Page 29992]]

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

Agency, 401 M Street, S.W., Washington, D.C. 20460, (202) 260-7606.

Written comments should be sent to Richard H. Vetter, Emissions

Standards Division (MD-13), Office of Air Quality Planning and

Standards, U.S. Environmental Protection Agency, Research Triangle

Park, NC 27711 and must be submitted on or before July 2, 1998.

Dated: May 26, 1998.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 98-14586 Filed 6-1-98; 8:45 am]

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