[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Notices]
[Page 8011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4322]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5692-5]


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, (``CAA''), notice is hereby given of a proposed settlement 
agreement, which was lodged with the United States District Court for 
the District of Columbia by the United States Environmental Protection 
Agency (``EPA'') on January 31, 1997, in a lawsuit filed by the 
Washington Legal Foundation. A number of United States Senators and 
Representatives are co-plaintiffs. This lawsuit concerns, among other 
things, EPA's alleged failure to meet mandatory deadlines under section 
312 of the CAA to provide to Congress (1) a Cost/Benefit Report 
regarding the costs and benefits of past compliance with certain CAA 
standards (``Retrospective Report'') and (2) the first Cost/Benefit 
Report making projections into the future regarding expected costs, 
benefits and other effects of compliance with CAA standards 
(``Prospective Report''). The proposed settlement agreement provides 
that EPA shall promulgate the Retrospective Report to Congress no later 
than October 15, 1997 and the first Prospective Report no later than 
August 30, 1999.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties to the litigation in question. In accordance with section 
113(g) of the CAA, 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 parties intend that the CAA provisions of the final 
settlement agreement, including the deadlines for the promulgation of 
the reports provided for in Sec. 312, will be incorporated into an 
appropriate order of the court.
    A copy of the proposed settlement agreement was lodged with the 
Clerk of the United States District Court for the District of Columbia 
on January 31, 1997. Copies are also available from Samantha Hooks 
(2344), Air and Radiation Division, Office of General Counsel, U.S. 
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 
20460, (202) 260-7620. Written comments should be sent to Hale 
Hawbecker at the above address and must be submitted on or before March 
24, 1997.

    Dated: February 10, 1997.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 97-4322 Filed 2-20-97; 8:45 am]
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