[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Notices]
[Pages 13858-13859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7605]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5448-3]
Proposed Settlement Agreement, Clean Air Act 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''), notice is hereby given of a proposed partial
consent order, which was lodged with the United States District Court
for the District of Columbia by the United States Environmental
Protection Agency (``EPA'') on November 29, 1995, in a lawsuit filed by
the Sierra Club Legal Defense Fund. This lawsuit, which was filed
pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a), concerns,
among other things, EPA's alleged failure to meet mandatory deadlines
under section 112 (d), (e), and (n)(1)(B) of the Clean Air Act.
Since the time that the initial proposed consent order was lodged
with the Court, the EPA was shut-down for three weeks due to a lack of
appropriated funds. For this and other reasons, EPA and Sierra Club
have agreed to reassess the feasibility of the dates in the proposed
order.
After providing notice to plaintiff, EPA did not submit the mercury
study to Congress pursuant to section 112(n)(1)(B) of the CAA, in
accordance with the date in the proposed order. The parties have agreed
that such study shall be submitted by April 15, 1996. The revised date
will be included in a new proposed consent order that will be lodged
with the Court.
With respect to the dates for issuing the maximum achievable
control technology (MACT) standards, as established in paragraph 2 of
the proposed order, the parties have agreed to revise the dates to
provide two additional months for issuance of the standards. The
parties plan to lodge an amended proposed order with the Court, which
will revise the list in paragraph 2 as follows:
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Source category Date
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Acrylonitrile-Butadiene-Styrene Production 5/15/96
Butyl Rubber Production................... 7/15/96
Epichlorohydrin Elastomers Production..... 7/15/96
Ethylene-Propylene Rubber Production...... 7/15/96
Hypalon (TM) Production................... 7/15/96
Methyl Methacrylate-Acrylonitrile- 5/15/96
Butadiene-Styrene Production.
Neoprene Production....................... 7/15/96
Nitrile Butadiene Rubber Production....... 7/15/96
Polybutadiene Rubber Production........... 7/15/96
Polystyrene Production.................... 5/15/96
Polysulfide Rubber Production............. 7/15/96
Styrene-Butadiene Rubber and Latex 7/15/96
Production.
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The parties plan to file the amended proposed consent order with
the Court shortly. The new order will incorporate the revisions
described above concerning the submission of the mercury study to
Congress and the issuance of twelve MACT standards under section 112(d)
of the CAA. Because today's notice provides the schedules that will be
incorporated into the revised order, it will not matter if this notice
is published before the new consent order is filed with the Court,
because this notice will provide adequate notice under section 113(g)
of the CAA with respect to the new dates for the mercury study and the
twelve MACT categories.
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 partial consent order, as modified by this notice, from
persons who were not named as parties to the litigation in question.
EPA or the Department of Justice may withhold or withdraw consent to
the proposed partial consent order 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 final consent order
will establish deadlines for the regulations covered by Sec. 112(d) and
the study provided for by Sec. 112(n)(1)(B).
A copy of the proposed consent order was lodged with the Clerk of
the United States District Court for the District of Columbia on
November 29, 1995. The dates in that draft consent order will be
modified to reflect the date identified in this notice. A revised
consent order will be lodged with the Court shortly. Copies of the
current November 29, 1995 draft consent order are also available from
Sonja Lee, Air and Radiation Division (2344), Office of General
Counsel, U.S. Environmental Protection Agency, 401
[[Page 13859]]
M Street, S.W., Washington, D.C. 20460, (703) 235-5330. A copy of the
revised consent order will be available from Ms. Lee once such draft is
filed with the Court. Written comments should be sent to Jan M. Tierney
at the address above and must be submitted on or before April 29, 1996.
Dated: March 4, 1996.
Jonathan Z. Cannon,
General Counsel.
[FR Doc. 96-7605 Filed 3-22-96; 8:45 am]
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