95-23572. Proposed Settlement Agreement, Clean Air Act Citizen Suit

[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Page 49275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23572]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5301-6]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

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, as 
amended (``Act''), notice is hereby given of a proposed settlement 
agreement in the following case: OZ Technology v. Environmental 
Protection Agency, No. 95-0289 (D. Id.). This action was filed pursuant 
to 28 U.S.C. 1331 and 1361 and 5 U.S.C. 701-706, seeking a preliminary 
injunction. At issue is the alleged failure of EPA to respond to 
petitions filed by OZ Technology pursuant to section 612(d) of the CAA, 
42 U.S.C. 7671k(d). In addition, OZ Technology sought relief from 
``misinformation and misstatements'' allegedly communicated by EPA 
regarding OZ Technology's products.
    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 settlement agreement from persons who were not named as 
parties or intervenors to the litigation in question. EPA or the 
Department of Justice may withhold or withdraw consent to the proposed 
agreement if the comments disclose facts or circumstances that indicate 
that such agreement is inappropriate, improper, inadequate, or 
inconsistent with the requirements of the Act.
    A copy of the proposed settlement agreement is available from Sonja 
Lee, Air and Radiation Division (2344R), 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 Jan M. 
Tierney, at the above address and must be submitted on or before 
October 23, 1995.

    Dated: September 12, 1995.
Jonathan Z. Cannon,
Assistant Administrator (General Counsel).
[FR Doc. 95-23572 Filed 9-21-95; 8:45 am]
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