Proposed Settlement Agreement; Commonwealth of Pennsylvania; Enhanced Motor Vehicle Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6120-9]

Proposed Settlement Agreement; Commonwealth of Pennsylvania;

Enhanced Motor Vehicle Inspection and Maintenance Program

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 the Commonwealth of

Pennsylvania. The lawsuit concerns EPA's conditional interim approval

of the Commonwealth's enhanced vehicle inspection and maintenance (I/M)

program under section 182(c)(3) of the Act. The parties have agreed to

settle this matter without litigation. The proposed settlement

agreement obligates Pennsylvania to make certain additional State

Implementation Plan (SIP) submissions, which EPA agrees to propose to

approve. The agreement further obligates EPA to work with Pennsylvania

to develop an alternative program evaluation methodology that does not

require the use of mass emission testing technology, or in the

alternative to conditionally approve a subsequent Pennsylvania I/M

program evaluation SIP submission if the parties can not develop such a

methodology

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

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

modified 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 Law Office (2344), Office of General

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

Washington, DC 20460, (202) 260-7606.

[[Page 36402]]

Written comments should be sent to Sara Schneeberg at the above address

and must be submitted on or before August 5, 1998.

Dated: April 16, 1998.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 98-17810 Filed 7-2-98; 8:45 am]

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