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This case involves an enforcement action for alleged violations of the federal regulations pertaining to equipment in facilities that produce or use benzene. The NAM filed a brief supporting arguments concerning the government's refusal to comply with Administrative Procedures Act and Clear Air Act provisions mandating that prior notice be given of agency regulatory requirements, thus, attempting to make a significant change in the meaning of a rule without first going through notice and comment. The Court deferred to EPA’s interpretation of "use," and found HCC had notice as of 1989. The case affects companies that recycle benzene at their facilities. Decided 10/27/97. This case was appealed to the Supreme Court, but the Court declined to review it.