[Federal Register Volume 63, Number 193 (Tuesday, October 6, 1998)]
[Notices]
[Page 53654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26787]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6172-5]
Proposed Settlement Agreement; Carbon Monoxide Nonattainment
Areas; Carbon Monoxide SIP for Denver, Colorado
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed 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), notice is hereby given of a proposed
settlement agreement concerning litigation instituted against the
Environmental Protection Agency (EPA) by Citizens for Balanced
Transportation (CBT). The lawsuit concerns EPA's approval under the
Clean Air Act of the State of Colorado's nonattainment area state
implementation plan (SIP) for the Denver carbon monoxide (CO)
nonattainment area.
EPA approved the Denver CO nonattainment area SIP on March 10, 1997
(62 FR 10690) and, on May 9, 1997, CBT sought review of that approval
in the United States Court of Appeals for the 10th Circuit. Among other
things, CBT challenged the air quality monitoring and modeling that
supported the Denver CO SIP's attainment demonstration.
Under the proposed settlement agreement, CBT has agreed to dismiss
its lawsuit if EPA operates a continuous CO monitor from November 1998
through February 1999 near the intersection of Broadway and Colfax in
Denver, and, before March 31, 1999, the State of Colorado (1)
establishes a comprehensive meteorological site on the Auraria College
campus in Denver, (2) establishes a routine meteorological site near
the intersection of Speer and Auraria in Denver, and (3) obtains
enhanced traffic data for the Speer and Auraria intersection. Although
the State is not a party to the litigation or the settlement agreement,
the State participated in negotiations and intends to perform these
actions.
If the State and/or EPA fail to complete one or more of these
actions by March 31, 1999, CBT's sole remedy is to proceed to the
merits of the case. It is anticipated that the litigation will be
stayed until May 30, 1999 to allow the parties to confirm that the
State and EPA actions have been completed.
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 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 Samantha
Hooks, 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 Howard J.
Hoffman at the above address and must be submitted on or before
November 5, 1998.
Dated: September 28, 1998.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 98-26787 Filed 10-5-98; 8:45 am]
BILLING CODE 6560-50-M
