[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Page 28705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12938]

Federal Register / Vol. 64, No. 101 / Wednesday, May 26, 1999 / 

[[Page 28705]]



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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement; request for public comment.


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, 

    Dated: May 17, 1999.
Lisa K. Friedman,
Acting General Counsel.
[FR Doc. 99-12938 Filed 5-24-99; 10:57 am]