Proposed Settlements; Accidental Release Prevention List of Substances Litigation

Federal RegisterMar 28, 1996

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5448-1]

Proposed Settlements; Accidental Release Prevention List of

Substances Litigation

AGENCY: Enviornmental Protection Agency (EPA).

ACTION: Notice of proposed settlements; 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 proposed settlements in the

following cases: American Petroleum Institute v. U.S. Environmental

Protection Agency, No. 94-1273 (D.C. Cir.), and Institute of Makers of

Explosives v. U.S. Environmental Protection Agency, No. 94-1276 (D.C.

Cir.).

These cases involve challenges to the final rule, entitled ``List

of Regulated Substances and Thresholds for Accidental Release

Prevention; Requirements for Petitions Under Section 112(r) of the

Clean Air Act as Amended,'' which, inter alia, established a list of

substances to be subject to regulation under the accident prevention

provisions of the Act and threshold quantities for such substances. 59

Fed. Reg. 4478 (Jan. 31, 1994). Under the terms of the proposed

settlements, the Environmental Protection Agency (EPA) would conduct a

rulemaking concerning amendment of the above-mentioned final rule to

delist certain chemicals and to modify certain other provisions.

For a period of thirty (30) days following the date of publication

of this notice, EPA will receive written comments relating to the

settlements 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 settlements 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 settlements are available

from Samantha Hooks, Air and Radiation Division (2344), Office of

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

SW., Washington, DC 20460, (202) 260-7606. Written comments should be

sent to Jon Averback at the above address and must be submitted on or

before April 29, 1996.

Dated: March 21, 1996.

Scott C. Fulton,

Acting, General Counsel.

[FR Doc. 96-7599 Filed 3-27-96; 8:45 am]

BILLING CODE 6560-50-M

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