[Federal Register: September 10, 1998 (Volume 63, Number 175)]
[Notices]               
[Page 48502-48503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se98-79]

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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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