[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Notices]
[Page 67865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33964]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5941-9]


Proposed Settlement Agreement, Clean Air Act Petition for Review

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement, which was filed with the United States 
Court of Appeals for the District of Columbia Circuit by the United 
States Environmental Protection Agency (``EPA'') on October 16, 1997, 
to address a lawsuit filed by the Appalachian Power Company and other 
electric utilities. Appalachian Power Company, et al., v. United States 
Environmental Protection Agency, No 93-1631. This lawsuit, which was 
filed pursuant to section 307(b) of the Act, 42 U.S.C. 7607(b), is a 
petition for review of the modeling assumptions required for existing 
point source and new or modified point source compliance demonstrations 
as set forth in Tables 9-1 and 9-2 of the ``Guideline on Air Quality 
Models'' (the ``Modeling Guidelines'') regulations published at 58 FR 
38816 (July 20, 1993) and codified in Appendix W of 40 CFR Part 51. The 
proposed settlement agreement provides that EPA will issue specified 
guidance on interpretation of parts of the Tables in question and will 
propose to incorporate that guidance into the Modeling Guideline.
    For a period of thirty (30) days following the date of publication 
of this notice, EPA will receive written comments relating to the 
proposed settlement agreement from persons who were not named as 
parties to the litigation in question. 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.
    A copy of the proposed settlement agreement was filed with the 
Clerk of the United States Court of Appeals for the District of 
Columbia Circuit on October 16, 1997. Copies are also available from 
Phyllis Cochran, Air and Radiation Division (2344), Office of General 
Counsel, U.S. Environmental Protection Agency, 401 M Street, S.W., 
Washington, D.C. 20460, (202) 260-7606. Written comments should be sent 
to Alexander Schmandt at the address above and must be submitted on or 
before January 29, 1998.

    Dated: December 18, 1997.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 97-33964 Filed 12-29-97; 8:45 am]
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