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

Federal RegisterDec 4, 1996

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5658-8]

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''), 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 Citizens for Balanced

Transportation (``CBT''). The lawsuit 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

specified timeframes, Notices of Proposed and Final Rulemaking

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, 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 3, 1997.

Dated: November 27, 1996.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 96-30868 Filed 12-3-96; 8:45 am]

BILLING CODE 6560-50-M

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