97-14855. Proposed Settlement; Industrial and Commercial Waste Incineration Rulemaking: Deadline Litigation

[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Notices]
[Pages 31097-31098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14855]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5837-4]


Proposed Settlement; Industrial and Commercial Waste Incineration 
Rulemaking: Deadline Litigation

AGENCY: Environmental Protection Agency (EPA).

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 
(``Act''), notice is hereby given of a proposed partial settlement of 
Sierra Club v. Browner, No. 97-CV00675 (D.C. Cir.).
    The case was brought by Sierra Club, which seeks to compel 
defendant Carol Browner, EPA Administrator, to take two actions 
mandated by the Clean Air Act (``the Act''). The first count seeks to 
compel Defendant to transmit to Congress the report specified in 
section 112(f)(1) of the Act. The second count seeks to compel 
Defendant to promulgate regulations for solid waste

[[Page 31098]]

incinerators combusting industrial and commercial waste pursuant to 
section 129(a)(1)(D) of the Act.
    The proposed partial settlement relates only to the second count 
raised by the petitioner in the case and provides a date by which the 
Administrator will promulgate regulations applicable to solid waste 
incinerators combusting industrial and commercial waste.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the settlement 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 settlement if the comments disclose 
facts or circumstances that indicate that such consent is 
inappropriate, improper, inadequate, or inconsistent with the 
requirements of the Act. Copies of the settlement are available from 
Phyllis Cochran, Air and Radiation Division (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 Leslye M. Fraser at the above address and must be submitted on or 
before July 7, 1997.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 97-14855 Filed 6-5-97; 8:45 am]
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