97-4322. Proposed Settlement Agreement, Clean Air Act Suit  

  • [Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
    [Notices]
    [Page 8011]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-4322]
    
    
    -----------------------------------------------------------------------
    
    ENVIRONMENTAL PROTECTION AGENCY
    [FRL-5692-5]
    
    
    Proposed Settlement Agreement, Clean Air Act Suit
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Notice of proposed settlement; request for public comment.
    
    -----------------------------------------------------------------------
    
    SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
    amended, (``CAA''), notice is hereby given of a proposed settlement 
    agreement, which was lodged with the United States District Court for 
    the District of Columbia by the United States Environmental Protection 
    Agency (``EPA'') on January 31, 1997, in a lawsuit filed by the 
    Washington Legal Foundation. A number of United States Senators and 
    Representatives are co-plaintiffs. This lawsuit concerns, among other 
    things, EPA's alleged failure to meet mandatory deadlines under section 
    312 of the CAA to provide to Congress (1) a Cost/Benefit Report 
    regarding the costs and benefits of past compliance with certain CAA 
    standards (``Retrospective Report'') and (2) the first Cost/Benefit 
    Report making projections into the future regarding expected costs, 
    benefits and other effects of compliance with CAA standards 
    (``Prospective Report''). The proposed settlement agreement provides 
    that EPA shall promulgate the Retrospective Report to Congress no later 
    than October 15, 1997 and the first Prospective Report no later than 
    August 30, 1999.
        For a period of thirty (30) days following the date of publication 
    of this notice, the Agency will accept written comments relating to the 
    proposed settlement agreement from persons who were not named as 
    parties to the litigation in question. In accordance with section 
    113(g) of the CAA, EPA or the Department of Justice may withhold or 
    withdraw consent to the proposed settlement agreement 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 parties intend that the CAA provisions of the final 
    settlement agreement, including the deadlines for the promulgation of 
    the reports provided for in Sec. 312, will be incorporated into an 
    appropriate order of the court.
        A copy of the proposed settlement agreement was lodged with the 
    Clerk of the United States District Court for the District of Columbia 
    on January 31, 1997. Copies are also available from Samantha Hooks 
    (2344), Air and Radiation Division, Office of General Counsel, U.S. 
    Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 
    20460, (202) 260-7620. Written comments should be sent to Hale 
    Hawbecker at the above address and must be submitted on or before March 
    24, 1997.
    
        Dated: February 10, 1997.
    Scott C. Fulton,
    Acting General Counsel.
    [FR Doc. 97-4322 Filed 2-20-97; 8:45 am]
    BILLING CODE 6560-50-M
    
    
    

Document Information

Published:
02/21/1997
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice of proposed settlement; request for public comment.
Document Number:
97-4322
Pages:
8011-8011 (1 pages)
Docket Numbers:
FRL-5692-5
PDF File:
97-4322.pdf