[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Page 67879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32568]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6199-6]
Proposed Settlement; Polymers and Resins I and IV Emission
Standard Litigation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Partial Settlement; 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 partial settlement of
Wellman, Inc. et al. v. EPA, No. 96-1419 (D.C. Cir.) and Union Carbide
Corporation, et al. v. EPA, No. 96-1413 (D.C. Cir.). For a period of
thirty days following the date of publication of this notice, the
Agency will receive written comments relating to the settlement from
persons who were not named as parties to the litigation in question.
EPA or the Department of Justice is authorized under section 113(g) to
withdraw its consent to the Settlement Agreement if appropriate in
light of the public comments.
The cases involve challenges to the National Emission Standards for
Hazardous Air Pollutant Emissions: Group I Polymers and Resins,
published in the Federal Register at 61 FR 46906 on September 5, 1996,
and National Emission Standards for Hazardous Air Pollutant Emissions:
Group IV Polymers and Resins published in the Federal Register at 61 FR
48208 on September 12, 1996.
DATES: Written comments on the Settlement Agreement must be received by
January 8, 1999.
ADDRESSES: Written comments should be sent to Mark Dyner, Office of
General Counsel (2333), U.S. Environmental Protection Agency, 401 M
Street, SW, Washington, DC 20460, (202) 260-5085. Copies of the
Settlement Agreement are available from Phyllis Cochran, Air and
Radiation Law Office (2344), Office of General Counsel, U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460, (202) 260-7606.
SUPPLEMENTARY INFORMATION: There is a separate proposed partial
settlement agreement (``agreement'') for each case; however, the issues
addressed in the agreements and the proposed resolution of those issues
are in most relevant respects the same. The agreements are both between
EPA and the petitioner, The Dow Chemical Company. For the convenience
of interested parties, following is a brief summary of some of the key
points of the agreements.
The agreements require EPA to conduct notice and comment rulemaking
proposing (1) changes in the subject rules to resolve certain
differences between the rules and the Hazardous Organic NESHAP
(``HON''); (2) clarification of the applicability provisions regarding
additions to plant sites; (3) revision of the applicability provisions
that address primary product determinations to better address contract
manufacturing practices; (4) simplification of the provisions
applicable to batch process vents; and (5) revisions to certain
reporting and recordkeeping requirements.
Section 113(g) of the Clean Air Act (42 U.S.C. 7413(g)) requires,
with exceptions not pertinent here, that EPA publish notice of
settlement agreements in the Federal Register and provide a reasonable
opportunity for public comment. EPA or the Department of Justice may
withhold consent to the proposed settlement if the comments disclose
facts or circumstances that indicate that such consent is
inappropriate, inadequate or inconsistent with the requirements of the
Clean Air Act.
Dated: December 2, 1998.
Scott Fulton,
Acting General Counsel.
[FR Doc. 98-32568 Filed 12-8-98; 8:45 am]
BILLING CODE 6560-50-M
