Environmental Protection Agency May 5, 2006 – Federal Register Recent Federal Regulation Documents

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Estate of Evelyn Porter Superfund site in Foxborough, Massachusetts with the following settling party: the Estate of Evelyn Porter. The settlement requires the settling party to pay 100% of the Net Liquid Assets of the Estate of Evelyn Porter and 100% of the Net Sales Proceeds from the sale of the Property to the Hazardous Substance Superfund. The settlement includes a covenant not to sue the settling parties pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9506 and 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at Superfund Reading Room, U.S. Environmental Protection Agency Regional Office, located at One Congress Street, Suite 1100, Boston, Massachusetts 02114.

Notice is hereby given that the following permits have been issued: The Nevada Department of Environmental Protection, acting under authority of a PSD delegation agreement, granted approval to Newmont Nevada Energy Investment, LLC to construct the TS Power Plant, a 200 megawatt pulverized coal-fired boiler plant to be located near Dunphy, NV. The permit became effective on June 4, 2005. The Hawaii Department of Health, acting under authority of a PSD delegation agreement, granted approval to Hawaii Electric Light Company to construct two 20 MW combustion turbine generators (Keahole Units 4 & 5) at Keahole Generating Station, Keahole, Hawaii. The permit became effective on June 5, 2001. EPA Region 9, acting under the title V operating permit regulations in 40 CFR part 71, granted approval to Peabody Western Coal Company to operate two contiguous coal mines (Kayenta and Black Mesa) in northeastern Arizona on the reservations of the Navajo Nation and the Hopi Tribe. The permit became effective on July 1, 2004, except for the opacity monitoring conditions, which became effective on March 28, 2005.

On February 22, 2006, the EPA issued a direct final rule for the removal of the reformulated gasoline (RFG) oxygen content requirement and the revision of the RFG commingling prohibition to address non-oxygenated reformulated gasoline. We stated in the direct final rule that if we received adverse comment by March 24, 2006, EPA would publish a timely withdrawal notice in the Federal Register informing the public that the portions of the rule on which adverse comment were received were withdrawn. We subsequently received adverse comment on the provisions designed to remove the oxygen content requirement for RFG and are, therefore, withdrawing those provisions. We will address the adverse comment in a subsequent final action based on the parallel proposal published on February 22, 2006 (71 FR 9070). As stated in the parallel proposal, we will not institute a second comment period on this action. The portions of the direct final rule that are not withdrawn (i.e., provisions relating to the commingling prohibition) will become effective on May 5, 2006. We are also making one correction to the amendatory language in the February 22, 2006 direct final rule.