Proposed Stipulation of Settlement; Minor Amendments to Clean Air Act Conformity Regulations

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6158-8]

Proposed Stipulation of Settlement; Minor Amendments to Clean Air

Act Conformity Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed stipulation; 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 stipulation of partial settlement

in litigation instituted against the Environmental Protection Agency

(EPA) challenging EPA's third set of amendments to rules on determining

conformity of federal actions to State Implementation Plans (SIPs). The

Environmental Defense Fund (EDF) challenged several aspects of EPA's

amendments to the transportation conformity rules issued under section

176(c) of the Act (62 FR 43780, Aug. 15, 1997). EDF v. EPA, et al.,

D.C. Cir. No. 97-1637.

EPA has agreed to reconsider certain provisions of these

amendments. These include a provision relating to grace periods for

newly designated nonattainment areas which was overturned by the court

in Sierra Club v. EPA, 129 F.3d 137 (D.C. Cir 1996), as well as several

issues included in EDF's 1994 Petition for Reconsideration of the

original conformity rule relating to time horizons for hot spot air

quality analysis, growth assumptions to be used in regional conformity

analyses, and credit for transportation control measures where

implementation has been delayed. Therefore, EPA proposes to enter into

a stipulation with EDF in which EPA will commit to take final action

completing the reconsideration of the conformity regulations with

respect to these issues by no later than January 1, 2000.

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

of this document, the Agency will received written comments relating to

the proposed stipulation of settlement. EPA or the Department of

Justice may withhold or withdraw consent to the proposed stipulation if

the comments

[[Page 48503]]

disclosed facts or circumstances that indicate that such consent is

inappropriate, improper, inadequate, or inconsistent with the

requirements of the Act.

Copies of the proposed stipulation 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 Sara

Schneeberg at the above address and must be submitted on or before

October 13, 1998.

Dated: September 2, 1998.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 98-24331 Filed 9-9-98; 8:45 am]

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