[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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