98-14586. Proposed Settlement Agreement, Clean Air Act Suit

[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Notices]
[Pages 29991-29992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14586]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6104-9]


Proposed Settlement Agreement, Clean Air Act 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''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement, which was lodged with the United States 
Court of Appeals for the District of Columbia Circuit by the United 
States Environmental Protection Agency (``EPA'') on April 15, 1998, to 
address a lawsuit filed by the Natural Resources Defense Council. This 
lawsuit, which was filed pursuant to section 307(b) of the Act, 42 
U.S.C. 7607(b), concerns, among other things, EPA's alleged failure to 
list, and determine whether to regulate hazardous air pollutant 
emissions from, electric utility steam generating units under section 
112 of the Act, 42 U.S.C. 7412. In the proposed settlement agreement, 
the EPA agrees to: (i) Undertake, and publish the results of, an 
analysis of the emission reductions of SO2, NOX, 
CO2, and mercury (and the effect on mercury removal costs) 
that would be achieved through an array of strategies to control 
SO2, NOX, CO2 and mercury; and, (ii) 
proposed and promulgate a new reference test method for determining the 
ambient concentration of mercury in water.
    For a period of thirty (30) days following the date of publication 
of this document, EPA will receive written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties or interveners to the litigation in question. 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 final settlement agreement will contain 
the requirements listed above.
    A copy of the proposed settlement agreement was lodged with the 
Clerk of the United States Court of Appeals for the District of 
Columbia Circuit on April 15, 1998. Copies are also available from 
Phyllis Cochran, Air and Radiation Law

[[Page 29992]]

Office (2344), Office of General Counsel, U.S. Environmental Protection 
Agency, 401 M Street, S.W., Washington, D.C. 20460, [phone]. 
Written comments should be sent to Richard H. Vetter, Emissions 
Standards Division (MD-13), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, NC 27711 and must be submitted on or before July 2, 1998.

    Dated: May 26, 1998.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 98-14586 Filed 6-1-98; 8:45 am]
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