[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Notices]
[Pages 32670-32671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15437]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5226-5]


Proposed Stipulation of Settlement; NOX Waivers for Clean 
Air Act Conformity Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed stipulation; 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 stipulation of partial settlement 
in litigation instituted against the Environmental Protection Agency 
(EPA) challenging EPA's rules on determining conformity of federal 
actions to State Implementation Plans (SIPs). The Environmental Defense 
Fund (EDF) and several other environmental groups challenged numerous 
aspects of EPA's transportation and general conformity rules issued 
under section 176(c) of the Act (58 FR 62,188 (Nov. 24, 1993); 58 FR 
63,214 (Nov. 30, 1993)). EDF et al. v. EPA, et al., D.C. Cir. No. 94-
1044 and consolidated cases.
    EPA is currently reconsidering various provisions of these 
regulations, including some of those under challenge by EDF. The 
parties to the litigation agree that judicial consideration of the 
issues under reconsideration by EPA should be stayed pending EPA action 
with respect to any changes to those provisions.
    One of the provisions under reconsideration by EPA is EPA's 
authority to issue exemptions from interim conformity requirements for 
NOX emissions under the authority of section 182(f) of the Act. 
EPA proposes to enter into a stipulation with EDF in which EPA will 
commit not to use the authority of the conformity regulations to sign 
any conformity waivers under section 182(f) of the Act for areas 
subject to section 182(b)(1) of the Act from April 20, 1995 until EPA 
takes final action completing the reconsideration of the conformity 
regulations with respect to this issue. In addition, if EPA grants any 
conformity waivers during the period described above as to areas not 
subject to 182(b)(1) and the regulatory provisions relied upon in 
issuing such waivers are reversed by the court, EPA agrees to 
reconsider any such waivers within six months following such court 
determination.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will receive written comments relating to 
the proposed modification of the stipulation of settlement. EPA or the 
Department of Justice may withhold or withdraw [[Page 32671]] consent 
to the proposed modification 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 proposed stipulation are available from Sara 
Schneeberg, Air and Radiation Division (2344R), Office of General 
Counsel, U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460, (703) 235-5332. Written comments should be sent 
to Sara Schneeberg at the above address and must be submitted on or 
before July 24, 1995.

    Dated: June 14, 1995.
Jean C. Nelson,
General Counsel.
[FR Doc. 95-15437 Filed 6-22-95; 8:45 am]
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