Proposed Settlement Agreement; Ozone Nonattainment Areas; Determination of Air Quality for Phoenix, AZ

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5886-8]

Proposed Settlement Agreement; Ozone Nonattainment Areas;

Determination of Air Quality for Phoenix, AZ

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

[[Page 46493]]

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 the Arizona Center for Law

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

perform a nondiscretionary duty with respect to determining whether the

Phoenix, Arizona ozone nonattainment area has timely attained the

national ambient air quality standard (``NAAQS'') for ozone, and if the

area has not, to publish that determination in the Federal Register.

The settlement commits EPA to a schedule for making the determination

as to whether the area attained the NAAQS, except that EPA is not

obligated to make this determination if, instead, EPA determines that

the area is eligible for an attainment date extension. If EPA

determines that Phoenix failed to attain the ozone NAAQS as of the end

of 1996, Phoenix will be reclassified, by operation of law, from a

Moderate ozone nonattainment area to a Serious nonattainment 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 Howard J.

Hoffman at the above address and must be submitted on or before October

3, 1997.

Dated: August 21, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-23353 Filed 9-2-97; 8:45 am]

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