[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Notices]
[Page 25878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12165]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6342-2]


Proposed Settlement Agreement, Clean Air Act Petition for Review

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''), this is a notice of a proposed settlement 
agreement, which the United States Environmental Protection Agency 
(``EPA'') lodged with the United States Court of Appeals for the 
District of Columbia Circuit on April 28, 1999, in consolidated 
lawsuits filed by the Chemical Manufacturers Association, the 
Environmental Technology Council and the Hazardous Waste Management 
Association under section 307(b) the Act, 42 U.S.C. 7607(b) (Chemical 
Manufacturers Association v Environmental Protection Agency, Case No. 
96-1305, Consolidated with Nos. 96-1306 and 96-1308). The consolidated 
lawsuit concerns requests for judicial review of the final rule 
entitled ``National Emission Standards for Hazardous Air Pollutants: 
Off-Site Waste and Recovery Operations,'' 61FR 34,140 (July 1, 1996) 
(``OSWRO NESHAP''), promulgated by EPA. The Petitioners' primary 
contention is that there is significant overlap in terms of the 
facilities subject to the rule between the OSWRO NESHAP and subpart CC 
of the Resource Conservation and Recovery Act rules governing the 
operation of treatment, storage and disposal facilities and that, 
therefore, the two rules need to be consistent with one another. The 
proposed settlement agreement provides that EPA shall propose to amend 
the OSWRO NESHAP so as to substantially conform its requirements to 
those of subpart CC.
    For a period of thirty (30) days following the date of publication 
of this document, you may submit written comments relating to the 
proposed settlement agreement if you were not named as a party to the 
litigation in question. EPA or the Department of Justice may withhold 
or withdraw consent to the proposed settlement agreement for the 
comments disclose facts of circumstances that indicate that sush 
consent is approrat the Act.
    EPA lodged a copy of the proposed settlement agreement with the 
Clerk of the United States Court of Appeals for the District of 
Columbia Circuit on April 28, 1999. You may also obtain a copy from 
Hylilis Cocharan, Air and Radiation Law office (2344), Office of 
General Counsel, U.S. Environmental Protection Agency, 401 M street, 
S.W., Washington, D.C. 20460. Send written comments to Richard H. 
Vetter, Office of General Counsel, U.S. Environmental Protection 
Agency, MD-13, Research Triangle Park, North Carolina 27711. Comments 
must arrive no later than June 14, 1999.
    Dated: May 7, 1946
Lisa K. Friedman,
    Acting General Counsel.
[FR Doc. 99-12165 Filed 5-12-99; 8:45 am]
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