Proposed Settlement Agreement, Clean Air Act Citizen Suit

Federal RegisterAug 9, 1999

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6416-3]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency, (EPA).

ACTION: Notice of proposed settlement; request for public comment.

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SUMMARY: EPA hereby gives notice of a proposed settlement agreement in

the case Ayers v. Browner, No. 97-1464 (consolidated with 98-1073)

(D.C. Cir.). This notice complies with section 113(g) of the Clean Air

Act, as amended (``Act''), which requires EPA to give notice and

provide an opportunity for public comment on proposed settlement

agreements. The litigation concerns EPA's promulgation of the National

Low Emission Vehicle (National LEV) program in two related final rules.

See 62 FR 31192 (June 6, 1997); 63 FR 925 (Jan. 7, 1998). The

Petitioners filed petitions for review of these Agency rulemakings

under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1).

The proposed Settlement Agreement provides that EPA will take

certain actions regarding alternative fuel vehicles. These include

holding two public workshops and preparing several reports. The

agreement does not call for making any changes to the National LEV

program.

Persons who were not named as parties or interveners to this

litigation may submit written comments on the proposed settlement

agreement to EPA. Any comments must be submitted within thirty days

after the date of publication of this notice. EPA or the Department of

Justice may withhold or withdraw consent to the proposed agreement if

the comments disclose facts or circumstances that indicate that such

agreement is inappropriate, improper, inadequate, or inconsistent with

the requirements of the Act.

A copy of the proposed settlement agreement is available from

Phyliss J. Cochran, Air and Radiation Division (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 Alexandra Teitz, Esq. at the above address and must be

submitted on or before September 8, 1999.

Dated: July 28, 1999.

Gary S. Guzy,

General Counsel.

[FR Doc. 99-20463 Filed 8-6-99; 8:45 am]

BILLING CODE 6560-50-M

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