Proposed Settlement Agreement, Clean Air Act Citizen Suit

ENVIRONMENTAL PROTECTION AGENCY

[ERL-6317-1]

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: In accordance with section 113(g) of the Clean Air Act, as

amended, (the ``Act''), this is a notice of a proposed consent decree,

which the United States Environmental Protection Agency (``EPA'')

lodged with the United States District Court for the District of

Columbia on March 12, 1999, in a lawsuit filed by the Sierra Club under

section 304(a) of the Act, 42 U.S.C. 7604(a) (Sierra Club v. Browner,

Civ. No. 98-1610). This lawsuit concerns EPA's alleged failure to

promulgate regulations for fifty percent of the categories and

subcategories of sources of hazardous air pollutants listed pursuant to

section 112(c) of the Act, 42 U.S.C. 7412(c). The lawsuit also concerns

EPA's alleged failure to promulgate regulations by November 15, 1997,

for specific categories and subcategories of sources of hazardous air

pollutants that EPA designated for regulation by that date under

section 112(e)(3) of the Act, 42 U.S.C. 7412(e)(3). The proposed

consent decree provides that EPA shall promulgate regulations under

section 112(d) for specified categories and subcategories by specified

deadlines..

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

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

proposed consent decree 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 consent decree if the comments

disclose facts or circumstances 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

issuing certain regulations under section 112(d) 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 March

12, 1999. You may also obtain a copy from Phyllis 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. Send written comments to Diane McConkey at the

address above. Comments must arrive no later than April 29, 1999.

Lisa K. Friedman,

Acting General Counsel.

[FR Doc. 99-7774 Filed 3-29-99; 8:45 am]

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