Proposed Settlement Agreement, Clean Air Act Petition for Review

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6342-2]

Proposed Settlement Agreement, Clean Air Act Petition for Review

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''), this is a notice of a proposed settlement

agreement, which the United States Environmental Protection Agency

(``EPA'') lodged with the United States Court of Appeals for the

District of Columbia Circuit on April 28, 1999, in consolidated

lawsuits filed by the Chemical Manufacturers Association, the

Environmental Technology Council and the Hazardous Waste Management

Association under section 307(b) the Act, 42 U.S.C. 7607(b) (Chemical

Manufacturers Association v Environmental Protection Agency, Case No.

96-1305, Consolidated with Nos. 96-1306 and 96-1308). The consolidated

lawsuit concerns requests for judicial review of the final rule

entitled ``National Emission Standards for Hazardous Air Pollutants:

Off-Site Waste and Recovery Operations,'' 61FR 34,140 (July 1, 1996)

(``OSWRO NESHAP''), promulgated by EPA. The Petitioners' primary

contention is that there is significant overlap in terms of the

facilities subject to the rule between the OSWRO NESHAP and subpart CC

of the Resource Conservation and Recovery Act rules governing the

operation of treatment, storage and disposal facilities and that,

therefore, the two rules need to be consistent with one another. The

proposed settlement agreement provides that EPA shall propose to amend

the OSWRO NESHAP so as to substantially conform its requirements to

those of subpart CC.

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

of this document, you may submit written comments relating to the

proposed settlement agreement if you were not named as a party to the

litigation in question. EPA or the Department of Justice may withhold

or withdraw consent to the proposed settlement agreement for the

comments disclose facts of circumstances that indicate that sush

consent is approrat the Act.

EPA lodged a copy of the proposed settlement agreement with the

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

Columbia Circuit on April 28, 1999. You may also obtain a copy from

Hylilis Cocharan, Air and Radiation Law office (2344), Office of

General Counsel, U.S. Environmental Protection Agency, 401 M street,

S.W., Washington, D.C. 20460. Send written comments to Richard H.

Vetter, Office of General Counsel, U.S. Environmental Protection

Agency, MD-13, Research Triangle Park, North Carolina 27711. Comments

must arrive no later than June 14, 1999.

Dated: May 7, 1946

Lisa K. Friedman,

Acting General Counsel.

[FR Doc. 99-12165 Filed 5-12-99; 8:45 am]

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