98-5721. Proposed Settlement Agreement; Ozone Transport in Eastern United States; Section 126 Petitions Filed by Northeastern States

[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Notices]
[Pages 10874-10875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5721]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5974-2]


Proposed Settlement Agreement; Ozone Transport in Eastern United 
States; Section 126 Petitions Filed by Northeastern States

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

[[Page 10875]]

agreement concerning litigation instituted against the Environmental 
Protection Agency (EPA) by the States of Connecticut, Maine, 
Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and 
Vermont (Petitioning States). The lawsuit concerns EPA's alleged 
failure to perform a nondiscretionary duty with respect to promulgating 
action on petitions submitted by the Petitioners under Clean Air Act 
section 126. These section 126 petitions ask EPA to make findings that 
electric utilities and other stationary sources of oxides of nitrogen 
(NOX) emissions in states upwind of the Petitioners 
contribute significantly to nonattainment (or interfere with 
maintenance) by areas within the Petitioners of the ozone-smog national 
ambient air quality standards. The stationary sources that may be 
affected are located throughout the eastern part of the United States. 
The proposed settlement establishes a schedule by which EPA will take 
action on the petitions.
    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 Phyllis 
Cochran, Air and Radiation Division (2344), Office of General Counsel, 
U.S. Environmental Protection Agency, 401 M Street, SW, Washington, 
D.C. 20460, [phone]. Written comments should be sent to Howard 
J. Hoffman at the above address and must be submitted on or before 
April 6, 1998.

    Dated: February 27, 1998.
Jonathon Z. Cannon,
General Counsel.
[FR Doc. 98-5721 Filed 3-4-98; 8:45 am]
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