98-6537. Proposed Settlement Agreement, Clean Air Citizen Suit

[Federal Register Volume 63, Number 49 (Friday, March 13, 1998)]
[Notices]
[Pages 12464-12465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6537]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5977-2]


Proposed Settlement Agreement, Clean Air Citizen Suit

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 (``Act'' or ``CAA''), 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 
District Court of Columbia by the United States Environmental 
Protection Agency (``EPA'') on February 27, 1998, 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), addresses EPA's

[[Page 12465]]

alleged failure to meet a mandatory deadline under section 202(i)(2)(B) 
of the Act, 42 U.S.C. 7521(i)(2)(B), which concerns a study and report 
to Congress regarding whether EPA should require further reductions in 
emissions from light-duty vehicles and light-duty trucks. The proposed 
partial consent decree provides, in part, that ``[n]o later than July 
15, 1998, the Administrator shall sign a letter transmitting a report 
to Congress containing the results of the study described by CAA 
section 202(i)(1) and (2), 42 U.S.C. 7521(i)(1) and (2). Within five 
business days thereafter, EPA shall deliver to Congress such letter and 
report.''
    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 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 partial 
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 determine, following the comment period, that 
consent is inappropriate, the final partial consent decree will 
establish a deadline for specific actions under section 202(i)(2)(B) 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 
for February 27, 1998. Copies are also available from Phyllis J. 
Cochran, Air and Radiation Division (2344), Office of General Counsel, 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460, [phone]. Written comments should be sent to Michael J. 
Horowitz 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. 98-6537 Filed 3-12-98; 8:45 am]
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