[Federal Register Volume 63, Number 49 (Friday, March 13, 1998)]
[Notices]
[Page 12465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6538]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5977-3]


Proposed Settlement Agreement, Clean Air Act Citizen Suit; 
Consent Decree Setting Deadlines for Issuance of Regulations or Control 
Techniques Guidelines Under CAA Section 183(e)

AGENCY: Environmental Protection Agency.

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''), 42 U.S.C. 7413(g), the United States 
Environmental Protection Agency (the ``EPA'') hereby gives notice of a 
proposed consent decree, which EPA lodged with the United States 
District Court for the District of Columbia on February 20, 1998, to 
address a lawsuit filed by the Sierra Club. The Sierra Club filed this 
lawsuit pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a), to 
address EPA's alleged failure to meet a mandatory deadline under 
section 183(e) of the Act, 42 U.S.C. 7511b(e), which concerns issuance 
of rules or control techniques guidelines to reduce emissions of 
volatile organic compounds from consumer or commercial products. The 
proposed consent decree provides, in part, the EPA shall issue either 
rules or control techniques guidelines for certain categories of 
consumer or commercial products as follows: (1) August 15, 1998, for 
consumer products; (2) August 15, 1998, for autobody refinishing 
coatings; (3) August 15, 1998, for architectural coatings; (4) December 
1, 1998, for wood refinishing coatings; (5) December 1, 1998, for 
aerospace coatings; and (6) December 1, 1998, for shipbuilding and ship 
repair coatings.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will accept written comments relating to the 
proposed 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 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 determines, following the comment period, that consent is 
inappropriate, the final consent decree will establish deadlines for 
specific actions under section 183(e) 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 
February 20, 1998. Copies are also available from Phyllis J. Cochran, 
Air and Radiation Law Office (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 Geoffrey L. 
Wilcox at the address above and must be submitted on or before April 
13, 1998.

    Dated: March 6, 1998.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 98-6538 Filed 3-12-98; 8:45 am]
BILLING CODE 6560-50-M