Proposed Stipulation of Settlement; NOINFX Waivers for Clean Air Act Conformity Requirements

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5226-5]

Proposed Stipulation of Settlement; NOX Waivers for Clean

Air Act Conformity Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed stipulation; 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 stipulation of partial settlement

in litigation instituted against the Environmental Protection Agency

(EPA) challenging EPA's rules on determining conformity of federal

actions to State Implementation Plans (SIPs). The Environmental Defense

Fund (EDF) and several other environmental groups challenged numerous

aspects of EPA's transportation and general conformity rules issued

under section 176(c) of the Act (58 FR 62,188 (Nov. 24, 1993); 58 FR

63,214 (Nov. 30, 1993)). EDF et al. v. EPA, et al., D.C. Cir. No. 94-

1044 and consolidated cases.

EPA is currently reconsidering various provisions of these

regulations, including some of those under challenge by EDF. The

parties to the litigation agree that judicial consideration of the

issues under reconsideration by EPA should be stayed pending EPA action

with respect to any changes to those provisions.

One of the provisions under reconsideration by EPA is EPA's

authority to issue exemptions from interim conformity requirements for

NOX emissions under the authority of section 182(f) of the Act.

EPA proposes to enter into a stipulation with EDF in which EPA will

commit not to use the authority of the conformity regulations to sign

any conformity waivers under section 182(f) of the Act for areas

subject to section 182(b)(1) of the Act from April 20, 1995 until EPA

takes final action completing the reconsideration of the conformity

regulations with respect to this issue. In addition, if EPA grants any

conformity waivers during the period described above as to areas not

subject to 182(b)(1) and the regulatory provisions relied upon in

issuing such waivers are reversed by the court, EPA agrees to

reconsider any such waivers within six months following such court

determination.

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 modification of the stipulation of settlement. EPA or the

Department of Justice may withhold or withdraw [[Page 32671]] consent

to the proposed modification 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 proposed stipulation are available from Sara

Schneeberg, Air and Radiation Division (2344R), Office of General

Counsel, U.S. Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460, (703) 235-5332. Written comments should be sent

to Sara Schneeberg at the above address and must be submitted on or

before July 24, 1995.

Dated: June 14, 1995.

Jean C. Nelson,

General Counsel.

[FR Doc. 95-15437 Filed 6-22-95; 8:45 am]

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