Proposed Settlement Agreement; PM-10 SIP for the State of Arizona

ENVIRONMENTAL PROTECTION AGENCY

[FRI-5124-8]

Proposed Settlement Agreement; PM-10 SIP for the State of Arizona

Agency: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public

comment.

-----------------------------------------------------------------------

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 Edward M. Ober, through his counsel David S. Baron

of the Arizona Center for Law in the Public Interest (hereafter

``ACLPI''). The lawsuit concerns EPA's alleged failure to perform a

nondiscretionary duty with respect to promulgating a PM-10 final

implementation plan (``FIP'') for the Phoenix, Arizona Planning Area.

The proposed settlement agreement provides that EPA shall sign a Notice

of Final Rulemaking (``NFRM'' regarding the moderate nonattainment area

PM-10 State implementation plan (``SIP'') submitted by the State of

Arizona for the Phoenix Planning Area, respecting which a Notice of

Proposed Rulemaking (``NPRM'') was published at 59 FR 38402 (July 28,

1994), no later than March 1, 1995. If final rulemaking action by EPA

results in disapproval of the SIP, in whole or in part, EPA would agree

to sign a NFRM promulgating a FIP that corrects the disapproved

portions of the SIP no later than March 1, 1996, unless prior to that

date EPA has fully approved a SIP revision that corrects the deficiency

that formed the basis for the disapproval action. If EPA takes final

rulemaking action approving the SIP, in whole or in part, the parties

will file a joint motion to stay litigation in the district court

pending the outcome of appellate review. Additionally, it after

appellate review EPA's approval is vacated, the parties will file a

joint motion to lift the stay, and plaintiffs would be free to pursue

litigation of their original FIP claims without being required to file

an addtional 60-day notice of intent to sue or a new complaint. If,

however, EPA is upheld on appellate review, plaintiffs shall, within 30

days, file a motion to dismiss or withdraw their complaint.

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 agreement. EPA or the Department of Justice may withhold

or withdraw consent to the proposed settlement agreement in 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,

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

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

January 18, 1995.

Dated: December 12, 1994.

Jean C. Nelson,

General Counsel.

[FR Doc. 94-31108 Filed 12-16-94; 8:45 am]

BILLING CODE 6560-50-M