[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Page 63712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31571]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5960-6]


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 November 19, 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), concerns, 
among other things, EPA's alleged failure to meet a mandatory deadline 
under section 112(f)(1) of the Act, 42 U.S.C. 7412(f)(1). Section 
112(f)(1) of the Act relates to a report to Congress on the risk to 
public health remaining, or likely to remain, from sources subject to 
hazardous air pollutant regulation under section 112 of the Act, 42 
U.S.C. 7412, after the application of technology-based standards under 
section 112(d) of the Act, 42 U.S.C. 7412(d). The proposed partial 
consent decree provides that no later than March 24, 1998, the 
Administrator shall sign a notice of availability of the proposed 
report, and that no later than February 1, 1999, the Administrator 
shall sign the letter transmitting the final report to Congress.
    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 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 withhold or withdraw consent to the proposed 
partial 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 partial consent decree will 
establish the deadlines listed above for specific actions under section 
112(f)(1) 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 November 19, 1997. Copies are also available from Phyllis Cochran, 
Air and Radiation Division (2344), Office of General Counsel, U.S. 
Environmental Protection Agency, 401 M Street, S.W., Washington, DC 
20460, (202) 260-7606. Written comments should be sent to Diane E. 
McConkey at the address above and must be submitted on or before 
January 2, 1998.

    Dated: November 24, 1997.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 97-31571 Filed 12-1-97; 8:45 am]
BILLING CODE 6560-50-M