[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19639]
[[Page Unknown]]
[Federal Register: August 11, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5030-5]
Proposed Settlement Agreement; RACT SIP for the State of
Pennsylvania
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement; 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 settlement agreement
concerning litigation instituted against the Environmental Protection
Agency (``EPA'') by Delaware Valley Citizen's Council for Clean Air,
Natural Resources Defense Council, New Jersey Public Interest Research
Group and Pennsylvania Public Interest Group (collectively ``Citizen's
Council'') regarding a finding dated February 28, 1994, by EPA under
section 110(k) of the Clean Air Act that the Pennsylvania Department of
Environmental Resources (``PADER'') has submitted a complete State
Implementation Plan (``SIP'') governing the application of reasonably
available control technology (``RACT'') for major stationary sources of
nitrogen oxides (``NOX''). The proposed settlement agreement
provides, based on a separate settlement agreement entered into by
PADER and the Citizen's Council regarding specified dates by which
PADER will develop and finalize requirements for NOX RACT for
certain sources in Pennsylvania that are subject to PADER's RACT
regulations, that EPA will file, along with Citizen's Council, a joint
motion to stay all proceedings in the Petition for Review filed by the
Citizen's Council in the Court of Appeals for the Third Circuit. The
proposed settlement agreement also provides that, in the event PADER
violates the terms of its agreement with the Citizen's Council, the
Citizen's Council will be entitled to file a motion to lift the stay of
the Petition for Review, as well as to require that EPA undertake and
complete a reconsideration of its February 28, 1994 completeness
finding.
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. 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, DC
20460, (202) 260-7606. Written comments should be sent to Michael A.
Prosper at the above address and must be submitted on or before
September 12, 1994.
Dated: August 2, 1994.
Jean C. Nelson,
General Counsel.
[FR Doc. 94-19639 Filed 8-10-94; 8:45 am]
BILLING CODE 6560-50-M
