Proposed Settlement Agreement, Clean Air Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5977-2]

Proposed Settlement Agreement, Clean Air Citizen 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'' or ``CAA''), 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

District Court of Columbia by the United States Environmental

Protection Agency (``EPA'') on February 27, 1998, 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), addresses EPA's

[[Page 12465]]

alleged failure to meet a mandatory deadline under section 202(i)(2)(B)

of the Act, 42 U.S.C. 7521(i)(2)(B), which concerns a study and report

to Congress regarding whether EPA should require further reductions in

emissions from light-duty vehicles and light-duty trucks. The proposed

partial consent decree provides, in part, that ``[n]o later than July

15, 1998, the Administrator shall sign a letter transmitting a report

to Congress containing the results of the study described by CAA

section 202(i)(1) and (2), 42 U.S.C. 7521(i)(1) and (2). Within five

business days thereafter, EPA shall deliver to Congress such letter and

report.''

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

or intervenors to the litigation in question. EPA or the Department of

Justice may withdraw or withhold consent to the proposed partial

consent decree if the comments disclose facts or considerations that

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

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

Department of Justice determine, following the comment period, that

consent is inappropriate, the final partial consent decree will

establish a deadline for specific actions under section 202(i)(2)(B) 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

for February 27, 1998. Copies are 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 J.

Horowitz at the address above and must be submitted on or before April

13, 1998.

Dated: March 6, 1998.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 98-6537 Filed 3-12-98; 8:45 am]

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