[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Page 67879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32568]


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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.

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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]
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