[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31108]


[[Page Unknown]]

[Federal Register: December 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRI-5124-8]

 

Proposed Settlement Agreement; PM-10 SIP for the State of Arizona

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 Edward M. Ober, through his counsel David S. Baron 
of the Arizona Center for Law in the Public Interest (hereafter 
``ACLPI''). The lawsuit concerns EPA's alleged failure to perform a 
nondiscretionary duty with respect to promulgating a PM-10 final 
implementation plan (``FIP'') for the Phoenix, Arizona Planning Area. 
The proposed settlement agreement provides that EPA shall sign a Notice 
of Final Rulemaking (``NFRM'' regarding the moderate nonattainment area 
PM-10 State implementation plan (``SIP'') submitted by the State of 
Arizona for the Phoenix Planning Area, respecting which a Notice of 
Proposed Rulemaking (``NPRM'') was published at 59 FR 38402 (July 28, 
1994), no later than March 1, 1995. If final rulemaking action by EPA 
results in disapproval of the SIP, in whole or in part, EPA would agree 
to sign a NFRM promulgating a FIP that corrects the disapproved 
portions of the SIP no later than March 1, 1996, unless prior to that 
date EPA has fully approved a SIP revision that corrects the deficiency 
that formed the basis for the disapproval action. If EPA takes final 
rulemaking action approving the SIP, in whole or in part, the parties 
will file a joint motion to stay litigation in the district court 
pending the outcome of appellate review. Additionally, it after 
appellate review EPA's approval is vacated, the parties will file a 
joint motion to lift the stay, and plaintiffs would be free to pursue 
litigation of their original FIP claims without being required to file 
an addtional 60-day notice of intent to sue or a new complaint. If, 
however, EPA is upheld on appellate review, plaintiffs shall, within 30 
days, file a motion to dismiss or withdraw their complaint.
    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 in 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 Michael 
A. Prosper at the above address and must be submitted on or before 
January 18, 1995.

    Dated: December 12, 1994.
Jean C. Nelson,
General Counsel.
[FR Doc. 94-31108 Filed 12-16-94; 8:45 am]
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