Proposed Settlement Agreement, Determinations of Attainment of the Ozone Standard by Pittsburgh-Beaver Valley, Pennsylvania and Reading, Pennsylvania Ozone Nonattainment Areas

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5511-3]

Proposed Settlement Agreement, Determinations of Attainment of

the Ozone Standard by Pittsburgh-Beaver Valley, Pennsylvania and

Reading, Pennsylvania Ozone Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public

comment.

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SUMMARY: Inaccordance 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 EPA's July 19, 1995 determinations regarding

the attainment of the ozone standard by the Pittsburgh-Beaver Valley,

Pennsylvania, and Reading, Pennsylvania ozone nonattainment areas and

the applicability of certain pollution control requirements, 60 Fed.

Reg. 37,015 (July 19, 1995). Delaware Valley Citizens' Council for

Clean Air v. Browner, No. 95-3494 (3rd Cir.) and Delaware Valley

Citizens' Council for Clean Air v. Browner, No. 96-3086 (3rd Cir.).

The proposed settlement agreement provides that, no later than June

30, 1996, the EPA Regional Administrator, Region 3, will sign a notice

of final rulemaking concerning the proposed Revocation of Determination

of Attainment of Ozone Standard by the Pittsburgh-Beaver Ozone

Nonattainment and Reinstatement of Applicability of Certain Reasonable

Further Progress and Attainment Demonstration Requirements. 61 Fed.

Reg. 5360 (Feb. 12, 1996). The proposed agreement also provides that,

no later than July 31, 1996, the EPA Regional Administrator, Region 3,

shall sign a notice of proposed rulemaking proposing action on the

Commonwealth of Pennsylvania's request, submitted November 12, 1993,

for EPA to redesignate to attainment for ozone the Reading,

Pennsylvania ozone nonattainment area; and that the EPA Regional

Administrator, Region 3 shall sign a notice of final rulemaking

concerning the above request no later than December 31, 1996.

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 Sonja Lee,

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 Kendra Sagoff

at the above address and must be submitted on or before June 28, 1996.

Dated: May 22, 1996.

Scott Fulton,

Acting General Counsel.

[FR Doc. 96-13433 Filed 5-28-96; 8:45 am]

BILLING CODE 6560-50-M