Proposed Settlement; SOINF2/INF NAAQS Remand

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6107-6]

Proposed Settlement; SO2 NAAQS Remand

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), notification is hereby given of a

proposed settlement regarding EPA's timing of its response to the

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

Columbia Circuit in ALA v. Browner, No. 96-1255 (D.C. Cir., decided,

January 30, 1998). This case involves a challenge to EPA's decision not

to revise the National Ambient Air Quality Standard for sulfur dioxide,

issued on May 22, 1996. (61 FR 25566, May 22, 1996).

EPA's planned schedule for responding to the court's remand is set

forth in a Federal Register Notice (63 FR 24782, May 5, 1998) that is

included as an attachment to the settlement agreement. As set forth

therein, EPA would propose a response to the remand in the summer of

1999 and take final action on the remand by December 2000.

Under the settlement agreement, in return for EPA agreeing to the

schedule set forth in the notice, ALA agrees to not file a petition for

rehearing or a suggestion for rehearing en banc in the above-referenced

case and to refrain from bringing any unreasonable delay claims or

mandatory duty suits regarding the SO2 NAAQS prior to

January 2001.

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 circumstance that indicate that such consent is

inappropriate, improper, inadequate, or inconsistent with the

requirements of the Act. Copies of the

[[Page 30494]]

settlement, which includes as an attachment the Federal Register

document outlining EPA's schedule for responding to the remand, are

available from Samantha Hooks, Air and Radiation Law Office (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 L. 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 July 6,

1998.

Dated: May 30, 1998.

Jonathan Z. Cannon,

General Counsel.

[FR Doc. 98-14849 Filed 6-3-98; 8:45 am]

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