Proposed Settlement; Gasoline Distribution NESHAP Litigation

ENVIRONMENTAL PROTECTION AGENCY

[FRL 5652-3]

Proposed Settlement; Gasoline Distribution NESHAP 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

(``Act''), notice is hereby given of a proposed settlement of American

Petroleum Institute v. U.S. Environmental Protection Agency, No. 95-

1098 (D.C. Cir.).

This case involves a challenge to the final rule, entitled

``National Emission Standards for Hazardous Air Pollutants for Source

Categories: Gasoline Distribution (Stage 1),'' that established limits

for emissions of various hazardous air pollutants from gasoline bulk

terminals and gasoline pipeline breakout stations under section 112(d)

of the Act. 59 F.R. 64,303 (Dec. 14, 1994). The major action the

Environmental Protection Agency (the Agency) would take under this

proposed settlement would be to modify the emissions estimation

formulas in the rule to reflect additional hazardous air pollutant

emissions at gasoline bulk terminals and pipeline breakout

[[Page 58548]]

stations, thereby increasing the accuracy and utility of the formulas.

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 settlement, which includes the

revised emissions estimation formulas, are available from Jacqueline

Jordan, Cross-Cutting Issues Division (2322), Office of General

Counsel, U.S. Environmental Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460, (202) 260-7622. Written comments should be sent

to Jonathan Averback, Air and Radiation Division, Office of General

Counsel, U.S. Environmental Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460 and must be submitted on or before December 16,

1996.

Copies of the settlement also are available through the Technology

Transfer Network (``TTN''), which is an Agency electronic bulletin

board that may be accessed by dialing (919) 541-5472 for up to a 14,400

baud modem; this service is free except for the cost of the phone call.

The TTN is also available on the Internet (access: http://

ttnwww.rtpnc.epa.gov). If more information on the TTN is needed, call

the HELP line at (919) 541-5472.

Dated: November 4, 1996.

Scott C. Fulton,

Acting Assistant Administrator and General Counsel.

[FR Doc. 96-29354 Filed 11-14-96; 8:45 am]

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