[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Pages 53626-53627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27258]


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ENVIRONMENTAL PROTECTION AGENCY

[FR-5909-8]


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 (Act), 42 U.S.C. 7413(g), 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 September 30, 1997, to address 
a lawsuit filed by the Sierra Club. This lawsuit, which was filed 
pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a), addresses, 
among other things, EPA's alleged failure to meet a mandatory deadline 
under section 112(n)(1)(B) of the Act, 42 U.S.C. 7412(n)(1)(B), which 
concerns a study of mercury emissions. The proposed partial consent 
decree provides, in part, that ``[n]o later than December 19, 1997, the 
Administrator shall sign a letter transmitting to Congress the study 
described by CAA section 112(n)(1)(B), 42 U.S.C. 7412(n)(1)(B). With 
five business days thereafter, EPA shall deliver to Congress such 
letter and study.''
    For a period of thirty (30) days following the date of publication 
of this document, the Agency will receive written comments relating to 
the proposed partial 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 
partial 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 determine, following the comment period, that 
consent is inappropriate, the final partial consent decree will 
establish a deadline for specific actions under section 112(n)(1)(B) of 
the Act.
    A copy of the proposed partial consent decree was lodged with the 
Clerk of the United States District Court for the District of Columbia 
on September 30, 1997. Copies are also available from Phyllis J. 
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. Written comments should be sent to Patrick S. 
Chang at the address above and must be submitted on or before November 
14, 1997.


[[Page 53627]]


    Dated: October 3, 1997.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 97-27258 Filed 10-14-97; 8:45 am]
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