Proposed Settlement Agreement; Title I SIPS for the State of Colorado

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5633-4]

Proposed Settlement Agreement; Title I SIPS for the State of

Colorado

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 Citizens for Balanced Transportation (``CBT''). The

law suite concerns EPA's alleged failure to perform a nondiscretionary

duty with respect to taking action on state implementation plans

(``SIPs'') regulating carbon monoxide (``CO'') and particulate matter

with an aerodynamic diameter less than or equal to a nominal ten

micrometers (``PM-10'') emissions, and/or promulgating a federal

implementation plan (``FIP'') as to these control requirements for the

Denver Metropolitan Area in the State of Colorado. The proposed

settlement agreement generally provides for EPA to sign, within a

specified timeframe, a Notice of Final Rulemaking (``NFRM'') regarding

each of the above-mentioned SIPs.

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 if the

comments disclose facts or circumstances that indicate that such

consent is inappropriate,

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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

November 8, 1996.

Dated: October 3, 1996.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 96-25891 Filed 10-8-96; 8:45 am]

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