Proposed Settlement; Methyl Bromide Phase Out Rule Litigation

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5965-7]

Proposed Settlement; Methyl Bromide Phase Out Rule 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

(``CAA''), notice is hereby given of a proposed settlement of Natural

Resources Defense Council v. United States Environmental Protection

Agency, No. 94-1079 (D.C. Cir.).

This case involves a challenge to the final rule, entitled

``Protection of Stratospheric Ozone; Final Rule,'' published at 58 FR

65043 et seq. (Dec. 10, 1993) and codified at 40 CFR part 82, subpart A

(the ``Methyl Bromide Rule''). The action of the Environmental

Protection Agency (the Agency) would take under this proposed

settlement would be to publish a clarification of a portion of the

preamble to the original Methyl Bromide Phase Out Rule. That portion of

the preamble considered the applicability of the labeling requirements

issued by EPA under section 611 of the CAA to agricultural products

treated with methyl bromide.

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 are available from

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

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

Washington, D.C. 20460, (202) 260-7606. Written comments should be sent

to Nancy Ketcham-Colwill, Air and Radiation Division (2344), 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 March

13, 1998.

Dated: January 12, 1998.

Scott Fulton,

Acting General Counsel.

[FR Doc. 98-3447 Filed 2-10-98; 8:45 am]

BILLING CODE 6560-50-M