[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Notices]
[Page 28705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12938]
Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 /
Notices
[[Page 28705]]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6347-9]
Proposed Settlement; Clean Air Act 112(r) Accidental Release
Prevention Requirements: Risk Management Programs Litigation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement; request for public comment.
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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act'' or ``CAA''), 42 U.S.C. 7413(g), notice is hereby given
of a proposed settlement in The Chlorine Institute v. EPA, No. 96-1279
(D.D. Cir.) and consolidated cases (Nos. 96-1284, 96-1288, 96-1289 &
96-1290). These cases involve challenges to EPA's rule entitled
``Accidental Release Prevention Requirements: Risk Management Programs
Under Clean Air Act Sec. 112(r)(7),'' issued on June 20, 1996 at 61 FR
31668 (June 20, 1996).
Under the proposed settlement, the Environmental Protection Agency
(``Agency'' or ``EPA'') would take a number of actions. The major
action EPA would take would be to propose to amend its RMP regulations
as they relate to the worst case release scenario for flammable
substances that are normally gases at ambient temperature, but are
handled as liquids due to refrigeration. Under the proposed amendment,
when calculating the amount of such a substance, sources may assume and
take into account any pooling of the liquefied substance into a
``passive mitigation'' system, where such pooling would occur at a
depth greater than one centimeter. This change would make the treatment
of refrigerated flammables consistent with the treatment of other
liquefied substances under the rule. EPA would also publish language
clarifying its understanding of CAA Sections 112(1) and 112(r)(11) as
they relate to Department of Transportation requirements under the
Hazardous Materials Transportation Act. Finally, EPA would also issue
clarifying guidance on a number of issues raised by various parties.
These issues are discussed in greater detail in the proposed settlement
agreement and its attachments.
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 from persons who were not named as parties to the
litigation in question. The Agency or the Department of Justice may
withhold or withdraw consent to the proposed settlement 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 proposed settlement agreement,
which include relevant attachments, are available from Samantha Hooks,
Air And Radiation Law Office (2344), Office of General Counsel, U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460, (202) 260-3804. Written comments should be sent to Nancy
Ketcham-Colwill, (MC 2344), Air and Radiation Law Office, Office of
General Counsel, U.S. Environmental Protection Agency, 401 M Street,
SW., Washington, DC 20460 and must be submitted on or before June 16,
1999.
Dated: May 17, 1999.
Lisa K. Friedman,
Acting General Counsel.
[FR Doc. 99-12938 Filed 5-24-99; 10:57 am]
BILLING CODE 6560-50-M
