[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]



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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.

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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 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]
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