Proposed Settlement Agreement, Clean Air Act Petition for Review

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5941-9]

Proposed Settlement Agreement, Clean Air Act Petition for Review

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement; request for public comment.

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

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

proposed settlement agreement, which was filed with the United States

Court of Appeals for the District of Columbia Circuit by the United

States Environmental Protection Agency (``EPA'') on October 16, 1997,

to address a lawsuit filed by the Appalachian Power Company and other

electric utilities. Appalachian Power Company, et al., v. United States

Environmental Protection Agency, No 93-1631. This lawsuit, which was

filed pursuant to section 307(b) of the Act, 42 U.S.C. 7607(b), is a

petition for review of the modeling assumptions required for existing

point source and new or modified point source compliance demonstrations

as set forth in Tables 9-1 and 9-2 of the ``Guideline on Air Quality

Models'' (the ``Modeling Guidelines'') regulations published at 58 FR

38816 (July 20, 1993) and codified in Appendix W of 40 CFR Part 51. The

proposed settlement agreement provides that EPA will issue specified

guidance on interpretation of parts of the Tables in question and will

propose to incorporate that guidance into the Modeling Guideline.

For a period of thirty (30) days following the date of publication

of this notice, EPA will receive written comments relating to the

proposed settlement agreement from persons who were not named as

parties to the litigation in question. 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.

A copy of the proposed settlement agreement was filed with the

Clerk of the United States Court of Appeals for the District of

Columbia Circuit on October 16, 1997. Copies are also available from

Phyllis Cochran, Air and Radiation Division (2344), Office of General

Counsel, U.S. Environmental Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460, (202) 260-7606. Written comments should be sent

to Alexander Schmandt at the address above and must be submitted on or

before January 29, 1998.

Dated: December 18, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-33964 Filed 12-29-97; 8:45 am]

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