Proposed Settlement Agreements on Regulations Under Section 126 of the Clean Air Act Reducing Regional Transport of Ozone

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EPA hereby gives notice of three proposed Settlement Agreements regarding certain issues in the case entitled Appalachian Power v. EPA, Nos. 99-1200, et al. (D.C. Cir.). Specifically, the Settlement Agreements address issues in the following cases, consolidated with Appalachian Power v. EPA: Weyerhaeuser Co. v. EPA, No. 00-1126; West Virginia Manufacturers Ass'n, et al. v. EPA, Nos. 99- 1246 & 00-1125; West Virginia Chamber of Commerce et al. v. EPA, Nos. 99-1205 & 00-1024; Birchwood Power Partners, et al. v. EPA, No. 00- 1116; Southern Energy Gen. L.L.C. v. EPA, No. 00-1117. EPA issues this notice in accordance with section 113(g) of the Clean Air Act, as amended (the "ACT"), which requires EPA to give notice and provide an opportunity for public comment on proposed settlement agreements. The litigation concerns EPA's promulgation of two final rules under section 126 of the Act (collectively the "section 126 rule") pertaining to control of interstate transport of ozone. See 64 FR 28250 (May 25, 1999); 65 FR 2674 (January 18, 2000). Under the section 126 rule, certain upwind stationary sources of nitrogen oxides (No X ) emissions in twelve states and the District of Columbia must h