[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Notices]
[Page 36414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17476]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5259-5]


Fuels and Fuel Additives; Grant of Waiver Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On July 13, 1994, I issued a decision denying the November 30, 
1993 application of the Ethyl Corporation (``Ethyl'') for a fuel 
additive waiver under Clean Air Act section 211(f)(4), 42 U.S.C. 
7545(f)(4), to permit sale of HiTEC 3000, a fuel additive product 
containing methylcyclopentadienyl manganese tricarbonyl (``MMT''), for 
use in unleaded gasoline. 59 FR 42227 (August 17, 1994). In that 
decision, I found that Ethyl had demonstrated as required by Section 
211(f)(4) that MMT would not ``cause or contribute to a failure of any 
emission control device or system'' in a vehicle to achieve compliance 
with the emission standards for which the vehicle has been certified. I 
also decided that the waiver application should nonetheless be denied 
because of my conclusion that there is a reasonable basis for concern 
regarding the potential adverse effects on public health which could 
result from the emissions of manganese particulates associated with MMT 
use.
    On April 14, 1995, the United States Court of Appeals for the 
District of Columbia Circuit issued a decision in Ethyl Corporation v. 
EPA, No. 94-1505 (D.C. Cir.). In that decision, the Court held that 
Section 211(f)(4) does not afford me the discretion to consider factors 
other than the mandatory ``cause or contribute'' determination in 
deciding whether to issue a fuel additive waiver for HiTEC 3000. Based 
on this conclusion, the Court has instructed me to ``grant Ethyl's 
request for a waiver.'' Accordingly, pursuant to the mandate of the 
Court, effective today I am granting Ethyl's November 30, 1993 
application for a fuel additive waiver for HiTEC 3000.

EFFECTIVE DATE: The effective date July 11, 1995.

FOR FURTHER INFORMATION CONTACT:
Joseph R. Sopata, Chemist, Field Operations and Support Division 
(6406J), U.S. Environmental Protection Agency, 401 M Street, S.W., 
Washington, D.C. 20460, (202) 233-9034.

    Dated: July 11, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-17476 Filed 7-14-95; 8:45 am]
BILLING CODE 6560-50-M