[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Pages 30493-30494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14849]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6107-6]
Proposed Settlement; SO2 NAAQS Remand
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), notification is hereby given of a
proposed settlement regarding EPA's timing of its response to the
remand of the United States Court of Appeals for the District of
Columbia Circuit in ALA v. Browner, No. 96-1255 (D.C. Cir., decided,
January 30, 1998). This case involves a challenge to EPA's decision not
to revise the National Ambient Air Quality Standard for sulfur dioxide,
issued on May 22, 1996. (61 FR 25566, May 22, 1996).
EPA's planned schedule for responding to the court's remand is set
forth in a Federal Register Notice (63 FR 24782, May 5, 1998) that is
included as an attachment to the settlement agreement. As set forth
therein, EPA would propose a response to the remand in the summer of
1999 and take final action on the remand by December 2000.
Under the settlement agreement, in return for EPA agreeing to the
schedule set forth in the notice, ALA agrees to not file a petition for
rehearing or a suggestion for rehearing en banc in the above-referenced
case and to refrain from bringing any unreasonable delay claims or
mandatory duty suits regarding the SO2 NAAQS prior to
January 2001.
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 circumstance that indicate that such consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of the Act. Copies of the
[[Page 30494]]
settlement, which includes as an attachment the Federal Register
document outlining EPA's schedule for responding to the remand, are
available from Samantha Hooks, Air and Radiation Law Office (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 L. 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 July 6,
1998.
Dated: May 30, 1998.
Jonathan Z. Cannon,
General Counsel.
[FR Doc. 98-14849 Filed 6-3-98; 8:45 am]
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