Proposed Settlement Agreement; Reclassification of Ozone Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5040-6]

Proposed Settlement Agreement; Reclassification of Ozone

Nonattainment Area

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'') regarding the designation and classification of

northern Orange County and Putnam County, New York, for the ozone

national ambient air quality standards, under sections 107(d)(4) and

181 of the Clean Air Act. The proposed settlement agreement provides

that EPA will undertake rulemaking regarding reclassification of these

areas, as part of the Poughkeepsie, New York ozone nonattainment area.

The proposed settlement agreement provides that EPA is to propose

action by July 15, 1994, and take final action on the proposal by

September 30, 1994. It also provides that if the Poughkeepsie area is

reclassified as a moderate ozone nonattainment area, the State of New

York will make the State Implementation Plan submissions required for a

moderate ozone nonattainment area by November 15, 1995.

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 Jerry Ellis,

Air and Radiation Division (2344R), Office of General Counsel, U.S.

Environmental Protection Agency, 401 M Street, SW, Washington, D.C.

20460, (703) 235-5330. Written comments should be sent to Howard J.

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

September 12, 1994.

Dated: July 21, 1994.

Jean C. Nelson,

General Counsel

[FR Doc. 94-19773 Filed 8-11-94; 8:45 am]

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