Proposed Settlement Agreement; Carbon Monoxide Nonattainment Areas; Carbon Monoxide SIP for Denver, Colorado

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6172-5]

Proposed Settlement Agreement; Carbon Monoxide Nonattainment

Areas; Carbon Monoxide SIP for Denver, Colorado

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 Citizens for Balanced

Transportation (CBT). The lawsuit concerns EPA's approval under the

Clean Air Act of the State of Colorado's nonattainment area state

implementation plan (SIP) for the Denver carbon monoxide (CO)

nonattainment area.

EPA approved the Denver CO nonattainment area SIP on March 10, 1997

(62 FR 10690) and, on May 9, 1997, CBT sought review of that approval

in the United States Court of Appeals for the 10th Circuit. Among other

things, CBT challenged the air quality monitoring and modeling that

supported the Denver CO SIP's attainment demonstration.

Under the proposed settlement agreement, CBT has agreed to dismiss

its lawsuit if EPA operates a continuous CO monitor from November 1998

through February 1999 near the intersection of Broadway and Colfax in

Denver, and, before March 31, 1999, the State of Colorado (1)

establishes a comprehensive meteorological site on the Auraria College

campus in Denver, (2) establishes a routine meteorological site near

the intersection of Speer and Auraria in Denver, and (3) obtains

enhanced traffic data for the Speer and Auraria intersection. Although

the State is not a party to the litigation or the settlement agreement,

the State participated in negotiations and intends to perform these

actions.

If the State and/or EPA fail to complete one or more of these

actions by March 31, 1999, CBT's sole remedy is to proceed to the

merits of the case. It is anticipated that the litigation will be

stayed until May 30, 1999 to allow the parties to confirm that the

State and EPA actions have been completed.

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 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

November 5, 1998.

Dated: September 28, 1998.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 98-26787 Filed 10-5-98; 8:45 am]

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