[Federal Register Volume 61, Number 157 (Tuesday, August 13, 1996)]
[Notices]
[Pages 42020-42021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20610]


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[[Page 42021]]


ENVIRONMENTAL PROTECTION AGENCY
[FRL 5551-7]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

Agency: Environmental Protection Agency.

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

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended, (``Act''), 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 Environmental 
Protection Agency (``EPA'') on July 16, 1996, in a lawsuit filed by the 
Delaware Valley Citizens' Council for Clean Air (``Delaware Valley''). 
This lawsuit, which was filed pursuant to section 304(a) of the Act, 42 
U.S.C. 7604(a), concerns, among other things, EPA's alleged failure to 
meet a mandatory duty to (1) act on certain State implementation plan 
(``SIP'') submittals pursuant to section 110(k)(3) of the Clean Air 
Act; (2) to impose sanctions under section 179(a) of the Act; and (3) 
to promulgate a federal implementation plan pursuant to section 110(c) 
of the Act. The proposed consent decree provides that EPA shall take 
action by specific dates with respect to Pennsylvania's 15% and 
reasonable further progress submissions for Southeastern Pennsylvania 
and Pennsylvania's inspection and maintenance plan submission.
    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 
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 
EPA action on certain SIP submittals from the Commonwealth of 
Pennsylvania.
    A copy of the proposed consent decree was lodged with the Clerk of 
the United States District Court for the Eastern District of 
Pennsylvania on July 16, 1996. Copies are also available from Jacquie 
Jordan, Cross-Cutting Issues Division (2322), Office of General 
Counsel, U.S. Environmental Protection Agency, 401 M Street, S.W., 
Washington, D.C. 20460, (202) 260-7622. Written comments should be sent 
to Jan M. Tierney at the address above and must be submitted on or 
before September 12, 1996.

    Dated: July 31, 1996.
Marcia E. Mulkey,
Acting General Counsel.
[FR Doc. 96-20610 Filed 8-12-96; 8:45 am]
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