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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5658-1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act

(``Act''), as amended, 42 U.S.C. 7413(g), notice is hereby given of a

proposed settlement agreement concerning litigation instituted against

the Environmental Protection Agency (``EPA'') by Edward M. Ober, et

al., through his counsel Davis S. Baron of the Arizona Center for Law

in the Public Interest. The lawsuit concerns EPA's alleged failure to

perform a nondiscretionary duty with respect to promulgating a federal

implementation plan (``FIP'') controlling particulate matter (``PM-

10'') emissions in the Phoenix, Arizona Planning Area.

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, 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, DC

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

2, 1997.

Dated: November 25, 1996.

Scott C. Fulton,

General Counsel.

[FR Doc. 96-30740 Filed 12-2-96; 8:45 am]

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