Proposed Settlement Agreement; RACT SIP for the State of Pennsylvania

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5030-5]

Proposed Settlement Agreement; RACT SIP for the State of

Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public

comment.

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SUMMARY: In accordance with Section 113(g) of the Clean Air Act

(``Act''), notice is hereby given of a proposed settlement agreement

concerning litigation instituted against the Environmental Protection

Agency (``EPA'') by Delaware Valley Citizen's Council for Clean Air,

Natural Resources Defense Council, New Jersey Public Interest Research

Group and Pennsylvania Public Interest Group (collectively ``Citizen's

Council'') regarding a finding dated February 28, 1994, by EPA under

section 110(k) of the Clean Air Act that the Pennsylvania Department of

Environmental Resources (``PADER'') has submitted a complete State

Implementation Plan (``SIP'') governing the application of reasonably

available control technology (``RACT'') for major stationary sources of

nitrogen oxides (``NOX''). The proposed settlement agreement

provides, based on a separate settlement agreement entered into by

PADER and the Citizen's Council regarding specified dates by which

PADER will develop and finalize requirements for NOX RACT for

certain sources in Pennsylvania that are subject to PADER's RACT

regulations, that EPA will file, along with Citizen's Council, a joint

motion to stay all proceedings in the Petition for Review filed by the

Citizen's Council in the Court of Appeals for the Third Circuit. The

proposed settlement agreement also provides that, in the event PADER

violates the terms of its agreement with the Citizen's Council, the

Citizen's Council will be entitled to file a motion to lift the stay of

the Petition for Review, as well as to require that EPA undertake and

complete a reconsideration of its February 28, 1994 completeness

finding.

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. 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.

Copies of the settlement agreement are available from Phyllis

Cochran, Air and Radiation Division (2344), Office of General Counsel,

U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460, (202) 260-7606. Written comments should be sent to Michael A.

Prosper at the above address and must be submitted on or before

September 12, 1994.

Dated: August 2, 1994.

Jean C. Nelson,

General Counsel.

[FR Doc. 94-19639 Filed 8-10-94; 8:45 am]

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