[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Notices]
[Page 60898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29857]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-59206]


Proposed Settlement; Municipal Solid Waste Landfills NSPS and EG 
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, as 
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement in National Solid Wastes Management Association v. 
Browner, et al., No. 96-1152 (D.C. Cir). This case involves a challenge 
to EPA's rule entitled ``Standards of Performance For New Stationary 
Sources and Guidelines for Control of Existing Sources: Municipal Solid 
Waste Landfills,'' issued on March 12, 1996. 61 FR 9905 (March 12, 
1996). The major action the Environmental Protection Agency 
(``Agency'') would take under this proposed settlement would be to 
propose a subpart-specific definition of the term ``modification'' for 
landfills. Under this definition, the term ``modification'' would be 
defined solely for landfills as any increase in the permitted volume 
design capacity of the landfill, by either vertical or horizontal 
expansion. EPA believes this definition is consistent with the existing 
definition of modification found at 40 CFR 60.14 and, in particular, is 
consistent with the exemption at 40 CFR 60.14(e) for modifications that 
do not require a capital expenditure. Other actions to be taken under 
the proposed settlement include a number of technical corrections and 
clarifications, including a clarification of the timing of Title V 
permitting obligations for sources subject to the rule.
    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. The Agency 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, which includes a 
draft rulemaking proposal as an attachment, are available from Samantha 
Hooks, Air And Radiation Division (2344), Office of General Counsel, 
U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, 
D.C. 20460, (202) 260-3804. Written comments should be sent to Michael 
Goo, Air and Radiation Division, Office of General Counsel, U.S. 
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 
20460 and must be submitted on or before December 15, 1997.
    Copies of the settlement also are available through the Technology 
Transfer Network (``TTN''), which is an Agency electronic bulletin 
board that may be accessed by dialing (919) 541-5472 for up to a 14,400 
baud modem; this service is free except for the cost of the phone call. 
The TTN is also available on the Internet (access: <a href="http://
ttnwww.rtpnc.epa.gov">http://
ttnwww.rtpnc.epa.gov</a>). If more information on the TTN is needed, call 
the HELP line at (919) 541-5472.

    Dated: November 6, 1997.
Jonathan Z. Cannon,
General Counsel.
[FR Doc. 97-29857 Filed 11-12-97; 8:45 am]
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