Proposed Settlement Agreement; Ozone Transport in Eastern United States; Section 126 Petitions Filed by Northeastern States

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5974-2]

Proposed Settlement Agreement; Ozone Transport in Eastern United

States; Section 126 Petitions Filed by Northeastern States

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement.

-----------------------------------------------------------------------

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

[[Page 10875]]

agreement concerning litigation instituted against the Environmental

Protection Agency (EPA) by the States of Connecticut, Maine,

Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and

Vermont (Petitioning States). The lawsuit concerns EPA's alleged

failure to perform a nondiscretionary duty with respect to promulgating

action on petitions submitted by the Petitioners under Clean Air Act

section 126. These section 126 petitions ask EPA to make findings that

electric utilities and other stationary sources of oxides of nitrogen

(NOX) emissions in states upwind of the Petitioners

contribute significantly to nonattainment (or interfere with

maintenance) by areas within the Petitioners of the ozone-smog national

ambient air quality standards. The stationary sources that may be

affected are located throughout the eastern part of the United States.

The proposed settlement establishes a schedule by which EPA will take

action on the petitions.

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 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 Howard

J. Hoffman at the above address and must be submitted on or before

April 6, 1998.

Dated: February 27, 1998.

Jonathon Z. Cannon,

General Counsel.

[FR Doc. 98-5721 Filed 3-4-98; 8:45 am]

BILLING CODE 6560-50-M