[Federal Register Volume 63, Number 175 (Thursday, September 10, 1998)]
[Notices]
[Pages 48502-48503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24331]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6158-8]
Proposed Stipulation of Settlement; Minor Amendments to Clean Air
Act Conformity Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed stipulation; 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 stipulation of partial settlement
in litigation instituted against the Environmental Protection Agency
(EPA) challenging EPA's third set of amendments to rules on determining
conformity of federal actions to State Implementation Plans (SIPs). The
Environmental Defense Fund (EDF) challenged several aspects of EPA's
amendments to the transportation conformity rules issued under section
176(c) of the Act (62 FR 43780, Aug. 15, 1997). EDF v. EPA, et al.,
D.C. Cir. No. 97-1637.
EPA has agreed to reconsider certain provisions of these
amendments. These include a provision relating to grace periods for
newly designated nonattainment areas which was overturned by the court
in Sierra Club v. EPA, 129 F.3d 137 (D.C. Cir 1996), as well as several
issues included in EDF's 1994 Petition for Reconsideration of the
original conformity rule relating to time horizons for hot spot air
quality analysis, growth assumptions to be used in regional conformity
analyses, and credit for transportation control measures where
implementation has been delayed. Therefore, EPA proposes to enter into
a stipulation with EDF in which EPA will commit to take final action
completing the reconsideration of the conformity regulations with
respect to these issues by no later than January 1, 2000.
For a period of thirty (30) days following the date of publication
of this document, the Agency will received written comments relating to
the proposed stipulation of settlement. EPA or the Department of
Justice may withhold or withdraw consent to the proposed stipulation if
the comments
[[Page 48503]]
disclosed facts or circumstances that indicate that such consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of the Act.
Copies of the proposed stipulation 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, (202) 260-7606. Written comments should be sent to Sara
Schneeberg at the above address and must be submitted on or before
October 13, 1998.
Dated: September 2, 1998.
Scott C. Fulton,
Acting General Counsel.
[FR Doc. 98-24331 Filed 9-9-98; 8:45 am]
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