[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)] [Notices] [Pages 13858-13859] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-7605] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5448-3] Proposed Settlement Agreement, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency. ACTION: Notice of proposed settlement; request for public comment. ----------------------------------------------------------------------- SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended, (``Act''), notice is hereby given of a proposed partial consent order, which was lodged with the United States District Court for the District of Columbia by the United States Environmental Protection Agency (``EPA'') on November 29, 1995, in a lawsuit filed by the Sierra Club Legal Defense Fund. This lawsuit, which was filed pursuant to section 304(a) of the Act, 42 U.S.C. 7604(a), concerns, among other things, EPA's alleged failure to meet mandatory deadlines under section 112 (d), (e), and (n)(1)(B) of the Clean Air Act. Since the time that the initial proposed consent order was lodged with the Court, the EPA was shut-down for three weeks due to a lack of appropriated funds. For this and other reasons, EPA and Sierra Club have agreed to reassess the feasibility of the dates in the proposed order. After providing notice to plaintiff, EPA did not submit the mercury study to Congress pursuant to section 112(n)(1)(B) of the CAA, in accordance with the date in the proposed order. The parties have agreed that such study shall be submitted by April 15, 1996. The revised date will be included in a new proposed consent order that will be lodged with the Court. With respect to the dates for issuing the maximum achievable control technology (MACT) standards, as established in paragraph 2 of the proposed order, the parties have agreed to revise the dates to provide two additional months for issuance of the standards. The parties plan to lodge an amended proposed order with the Court, which will revise the list in paragraph 2 as follows: ------------------------------------------------------------------------ Source category Date ------------------------------------------------------------------------ Acrylonitrile-Butadiene-Styrene Production 5/15/96 Butyl Rubber Production................... 7/15/96 Epichlorohydrin Elastomers Production..... 7/15/96 Ethylene-Propylene Rubber Production...... 7/15/96 Hypalon (TM) Production................... 7/15/96 Methyl Methacrylate-Acrylonitrile- 5/15/96 Butadiene-Styrene Production. Neoprene Production....................... 7/15/96 Nitrile Butadiene Rubber Production....... 7/15/96 Polybutadiene Rubber Production........... 7/15/96 Polystyrene Production.................... 5/15/96 Polysulfide Rubber Production............. 7/15/96 Styrene-Butadiene Rubber and Latex 7/15/96 Production. ------------------------------------------------------------------------ The parties plan to file the amended proposed consent order with the Court shortly. The new order will incorporate the revisions described above concerning the submission of the mercury study to Congress and the issuance of twelve MACT standards under section 112(d) of the CAA. Because today's notice provides the schedules that will be incorporated into the revised order, it will not matter if this notice is published before the new consent order is filed with the Court, because this notice will provide adequate notice under section 113(g) of the CAA with respect to the new dates for the mercury study and the twelve MACT categories. 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 partial consent order, as modified by this notice, 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 partial consent order 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 consent order will establish deadlines for the regulations covered by Sec. 112(d) and the study provided for by Sec. 112(n)(1)(B). A copy of the proposed consent order was lodged with the Clerk of the United States District Court for the District of Columbia on November 29, 1995. The dates in that draft consent order will be modified to reflect the date identified in this notice. A revised consent order will be lodged with the Court shortly. Copies of the current November 29, 1995 draft consent order are also available from Sonja Lee, Air and Radiation Division (2344), Office of General Counsel, U.S. Environmental Protection Agency, 401 [[Page 13859]] M Street, S.W., Washington, D.C. 20460, (703) 235-5330. A copy of the revised consent order will be available from Ms. Lee once such draft is filed with the Court. Written comments should be sent to Jan M. Tierney at the address above and must be submitted on or before April 29, 1996. Dated: March 4, 1996. Jonathan Z. Cannon, General Counsel. [FR Doc. 96-7605 Filed 3-22-96; 8:45 am] BILLING CODE 6560-50-M