Proposed Settlement; Clean Air Act 112(r) Accidental Release Prevention Requirements: Risk Management Programs Litigation

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as

amended (``Act'' or ``CAA''), 42 U.S.C. 7413(g), notice is hereby given

of a proposed settlement in The Chlorine Institute v. EPA, No. 96-1279

(D.D. Cir.) and consolidated cases (Nos. 96-1284, 96-1288, 96-1289 &

96-1290). These cases involve challenges to EPA's rule entitled

``Accidental Release Prevention Requirements: Risk Management Programs

Under Clean Air Act Sec. 112(r)(7),'' issued on June 20, 1996 at 61 FR

31668 (June 20, 1996).

Under the proposed settlement, the Environmental Protection Agency

(``Agency'' or ``EPA'') would take a number of actions. The major

action EPA would take would be to propose to amend its RMP regulations

as they relate to the worst case release scenario for flammable

substances that are normally gases at ambient temperature, but are

handled as liquids due to refrigeration. Under the proposed amendment,

when calculating the amount of such a substance, sources may assume and

take into account any pooling of the liquefied substance into a

``passive mitigation'' system, where such pooling would occur at a

depth greater than one centimeter. This change would make the treatment

of refrigerated flammables consistent with the treatment of other

liquefied substances under the rule. EPA would also publish language

clarifying its understanding of CAA Sections 112(1) and 112(r)(11) as

they relate to Department of Transportation requirements under the

Hazardous Materials Transportation Act. Finally, EPA would also issue

clarifying guidance on a number of issues raised by various parties.

These issues are discussed in greater detail in the proposed settlement

agreement and its attachments.

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 proposed settlement agreement,

which include relevant attachments, are available from Samantha Hooks,

Air And Radiation Law Office (2344), Office of General Counsel, U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460, (202) 260-3804. Written comments should be sent to Nancy

Ketcham-Colwill, (MC 2344), Air and Radiation Law Office, Office of

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

SW., Washington, DC 20460 and must be submitted on or before June 16,

1999.

Dated: May 17, 1999.

Lisa K. Friedman,

Acting General Counsel.

[FR Doc. 99-12938 Filed 5-24-99; 10:57 am]

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