Proposed Settlement Agreement; Ozone Nonattainment Areas; 15% VOC FIP for Washington, D.C.

Federal RegisterMar 23, 1998

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5985-2]

Proposed Settlement Agreement; Ozone Nonattainment Areas; 15% VOC

FIP for Washington, D.C.

agency: Environmental Protection Agency (EPA).

action: Notice of proposed modification to 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), notification is hereby given

of a proposed modification to a settlement agreement concerning

litigation instituted against the Environmental Protection Agency

(``EPA'') by the Sierra Club Legal Defense fund, et. al. The lawsuit

concerns EPA's alleged failure to perform a nondiscretionary duty with

respect to promulgating a federal implementation plan (``FIP'') to

reduce volatile organic compound (``VOC'') emissions by fifteen percent

[15%] from 1990 levels, under Act section 182(b)(1), in the Washington,

D.C. ozone nonattainment area. The parties have agreed to modify the

settlement agreement to allow a short period of time for EPA to take

action on a recent submission by the District of Columbia of a revised

State Implementation Plan providing for 15% VOC reductions in the

Washington, D.C. nonattainment area.

For a period of thirty [30] days following the date of publication

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

the 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 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

April 22, 1998.

Dated: March 16, 1998.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 98-7487 Filed 3-20-98; 8:45 am]

BILLING CODE 6560-50-M

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