[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19639]


[[Page Unknown]]

[Federal Register: August 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5030-5]

 

Proposed Settlement Agreement; RACT SIP for the State of 
Pennsylvania

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 Delaware Valley Citizen's Council for Clean Air, 
Natural Resources Defense Council, New Jersey Public Interest Research 
Group and Pennsylvania Public Interest Group (collectively ``Citizen's 
Council'') regarding a finding dated February 28, 1994, by EPA under 
section 110(k) of the Clean Air Act that the Pennsylvania Department of 
Environmental Resources (``PADER'') has submitted a complete State 
Implementation Plan (``SIP'') governing the application of reasonably 
available control technology (``RACT'') for major stationary sources of 
nitrogen oxides (``NOX''). The proposed settlement agreement 
provides, based on a separate settlement agreement entered into by 
PADER and the Citizen's Council regarding specified dates by which 
PADER will develop and finalize requirements for NOX RACT for 
certain sources in Pennsylvania that are subject to PADER's RACT 
regulations, that EPA will file, along with Citizen's Council, a joint 
motion to stay all proceedings in the Petition for Review filed by the 
Citizen's Council in the Court of Appeals for the Third Circuit. The 
proposed settlement agreement also provides that, in the event PADER 
violates the terms of its agreement with the Citizen's Council, the 
Citizen's Council will be entitled to file a motion to lift the stay of 
the Petition for Review, as well as to require that EPA undertake and 
complete a reconsideration of its February 28, 1994 completeness 
finding.
    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. 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, DC 
20460, (202) 260-7606. Written comments should be sent to Michael A. 
Prosper at the above address and must be submitted on or before 
September 12, 1994.

    Dated: August 2, 1994.
Jean C. Nelson,
General Counsel.
[FR Doc. 94-19639 Filed 8-10-94; 8:45 am]
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