Proposed Settlements; Accidental Release Prevention List of Substances Litigation

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5816-7]

Proposed Settlements; Accidental Release Prevention List of

Substances Litigation

AGENCY: Environmental 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 settlement in General

Electric Company v. U.S. Environmental Protection Agency, No. 94-1274

(D.C. Cir.).

This case involves a challenge 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 part 68, the accident

prevention regulations under the Act. (59 FR 4478, Jan. 31, 1994).

Under the terms of the proposed settlement, the Environmental

Protection Agency (EPA) would conduct a rulemaking to amend the list of

substances to delete Hydrochloric Acid solutions with concentrations of

less than 37% Hydrogen Chloride and would issue an interpretive notice

discussing aspects of part 68 and other related EPA programs.

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 settlement 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 (2344), U.S. Environmental Protection Agency, 401 M

Street, S.W., Washington, D.C. 20460 and must be submitted on or before

May 27, 1997.

Dated: April 17, 1997.

Scott C. Fulton,

Acting General Counsel.

[FR Doc. 97-10641 Filed 4-23-97; 8:45 am]

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