Proposed Settlement; Polymers and Resins I and IV Emission Standard Litigation

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.

-----------------------------------------------------------------------

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