[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Pages 30493-30494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14849]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6107-6]


Proposed Settlement; SO2 NAAQS Remand

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), notification is hereby given of a 
proposed settlement regarding EPA's timing of its response to the 
remand of the United States Court of Appeals for the District of 
Columbia Circuit in ALA v. Browner, No. 96-1255 (D.C. Cir., decided, 
January 30, 1998). This case involves a challenge to EPA's decision not 
to revise the National Ambient Air Quality Standard for sulfur dioxide, 
issued on May 22, 1996. (61 FR 25566, May 22, 1996).
    EPA's planned schedule for responding to the court's remand is set 
forth in a Federal Register Notice (63 FR 24782, May 5, 1998) that is 
included as an attachment to the settlement agreement. As set forth 
therein, EPA would propose a response to the remand in the summer of 
1999 and take final action on the remand by December 2000.
    Under the settlement agreement, in return for EPA agreeing to the 
schedule set forth in the notice, ALA agrees to not file a petition for 
rehearing or a suggestion for rehearing en banc in the above-referenced 
case and to refrain from bringing any unreasonable delay claims or 
mandatory duty suits regarding the SO2 NAAQS prior to 
January 2001.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the settlement from persons who were not named as parties to the 
litigation in question. The Agency or the Department of Justice may 
withhold or withdraw consent to the proposed settlement if the comments 
disclose facts or circumstance that indicate that such consent is 
inappropriate, improper, inadequate, or inconsistent with the 
requirements of the Act. Copies of the

[[Page 30494]]

settlement, which includes as an attachment the Federal Register 
document outlining EPA's schedule for responding to the remand, are 
available from Samantha Hooks, Air and Radiation Law Office (2344), 
Office of General Counsel, U.S. Environmental Protection Agency, 401 M 
Street, S.W., Washington, D.C. 20460, (202) 260-3804. Written comments 
should be sent to Michael L. Goo, Air and Radiation Division, Office of 
General Counsel, U.S. Environmental Protection Agency, 401 M Street, 
S.W., Washington, D.C. 20460 and must be submitted on or before July 6, 
1998.

    Dated: May 30, 1998.
Jonathan Z. Cannon,
General Counsel.
[FR Doc. 98-14849 Filed 6-3-98; 8:45 am]
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