Proposed Settlement Agreement, Clean Air Act Citizen Suit; Consent Decree Setting Deadlines for Issuance of Regulations or Control Techniques Guidelines Under CAA Section 183(e)

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5977-3]

Proposed Settlement Agreement, Clean Air Act Citizen Suit;

Consent Decree Setting Deadlines for Issuance of Regulations or Control

Techniques Guidelines Under CAA Section 183(e)

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 (the ``Act''), 42 U.S.C. 7413(g), the United States

Environmental Protection Agency (the ``EPA'') hereby gives notice of a

proposed consent decree, which EPA lodged with the United States

District Court for the District of Columbia on February 20, 1998, to

address a lawsuit filed by the Sierra Club. The Sierra Club filed this

lawsuit pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a), to

address EPA's alleged failure to meet a mandatory deadline under

section 183(e) of the Act, 42 U.S.C. 7511b(e), which concerns issuance

of rules or control techniques guidelines to reduce emissions of

volatile organic compounds from consumer or commercial products. The

proposed consent decree provides, in part, the EPA shall issue either

rules or control techniques guidelines for certain categories of

consumer or commercial products as follows: (1) August 15, 1998, for

consumer products; (2) August 15, 1998, for autobody refinishing

coatings; (3) August 15, 1998, for architectural coatings; (4) December

1, 1998, for wood refinishing coatings; (5) December 1, 1998, for

aerospace coatings; and (6) December 1, 1998, for shipbuilding and ship

repair coatings.

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

of this notice, EPA will accept 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 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 determines, following the comment period, that consent is

inappropriate, the final consent decree will establish deadlines for

specific actions under section 183(e) of the Act.

EPA lodged a copy of the proposed consent decree with the Clerk of

the United States District Court for the District of Columbia on

February 20, 1998. Copies are also available from Phyllis J. Cochran,

Air and Radiation Law Office (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 Geoffrey L.

Wilcox 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. 98-6538 Filed 3-12-98; 8:45 am]

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