Proposed Settlement Agreement; Power-Bannock Counties, ID PM SIP

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6157-4]

Proposed Settlement Agreement; Power-Bannock Counties, ID PM SIP

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''), notice is hereby given of a proposed settlement agreement

concerning litigation instituted against the Environmental Protection

Agency (``EPA'') by the Portneuf Environmental Council. The lawsuit

concerns EPA's alleged failure to perform a

[[Page 47494]]

nondiscretionary duty with respect to determining, based on air quality

data, whether the Power-Bannock Counties nonattainment area in Idaho

attained the PM-10 national ambient air quality standards by the

December 31, 1996 statutorily- extended attainment deadline.

The Agreement generally establishes deadlines by which EPA will

propose and take final action on a federal plan to control particulate

matter (PM-10) for the portions of the area that are not attaining the

PM-10 standards in existence prior to September 16, 1997.

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 Samantha

Hooks, Air and Radiation Law Office (2344), Office of General Counsel,

U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460, (202) 260-3804. Written comments should be sent to Michael A.

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

8, 1998.

Dated: August 28, 1998.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 98-24046 Filed 9-4-98; 8:45 am]

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