Notice of Disclosure of Confidential Business Information Obtained Under the Comprehensive Environmental Response, Compensation and Liability Act to EPA Authorized Representative, Utah Department of Environmental Quality, 23857 [E9-11922]

Download as PDF Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Notices Trading Request for York County, Pennsylvania. The notices of intent to approve announced EPA’s pending approval of the PADEP’s request to allow the use of SO2 emission reduction credits to offset increased emissions of PM2.5, at a ratio of 40 tons SO2 to one ton of PM2.5 emissions, in the York County PM2.5 nonattainment area. In these notices, EPA announced that comments would be received for 30 days. No comments were received in response to the notice. EPA approved PADEP’s request to allow precursor trading for the purpose of PM2.5 offsets on April 14, 2009. III. Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 20, 2009. Filing a petition for reconsideration by the Administrator of this approval does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) Dated: May 8, 2009. James W. Newsom, Acting Regional Administrator, Region III. [FR Doc. E9–11911 Filed 5–20–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8908–5] Notice of Disclosure of Confidential Business Information Obtained Under the Comprehensive Environmental Response, Compensation and Liability Act to EPA Authorized Representative, Utah Department of Environmental Quality dwashington3 on PROD1PC60 with NOTICES AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; request for comment. SUMMARY: EPA hereby complies with the requirements of 40 CFR 2.310(h)(3) for notice of disclosure to its authorized representative, the Utah Department of Environmental Quality (‘‘UDEQ’’), Superfund confidential business information (‘‘CBI’’) which has been submitted to EPA Region 8, Office of Ecosystems Protection and Remediation. DATES: Comments may be submitted until June 22, 2009. VerDate Nov<24>2008 13:08 May 20, 2009 Jkt 217001 Comments should be sent to: Kelcey Land (Mail Code 8ENF–RC), Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202–1129. FOR FURTHER INFORMATION CONTACT: Kelcey Land (Mail Code 8ENF–RC), Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202–1129 (303) 312–6393. Notice of Required Determinations, Provisions, and Opportunity to Comment: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’), as amended, (commonly known as ‘‘Superfund’’) requires the establishment of an administrative record upon which the President shall base the selection of a response action. CERCLA also requires the maintenance of many other records including those relevant to cost recovery. EPA has granted authorized representative status to the State of Utah Department of Environmental Quality. Pursuant to 40 CFR 2.310(h)(3), a state or local governmental agency which has duties or responsibilities under CERCLA, or under regulations which implement CERCLA, may be considered an authorized representative of the United States for purposes of disclosure of CBI and may be furnished such CBI upon the agency’s written request, but only if: (i) The agency has first furnished to the EPA office having custody of the information a written opinion from the agency’s chief legal officer or counsel stating that under applicable state or local law the agency has the authority to compel a business which possesses such information to disclose it to the agency, or (ii) Each affected business is informed of those disclosures under this paragraph (h)(3) which pertain to it, and the agency has shown to the satisfaction of an EPA legal office that the agency’s use and disclosure of such information will be governed by state or local law and procedures which will provide adequate protection to the interests of affected businesses. Pursuant to 40 CFR 2.310(h)(4), at the time any information is released to a state or local government pursuant to paragraph 2.310(h), EPA must notify the state or local government that the information may be entitled to confidential treatment and that any knowing and willful disclosure of the information may subject the state or local government and its employees to penalties in section 104(e)(2)(B) of CERCLA. EPA has determined that UDEQ has satisfied the requirements of ADDRESSES: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 23857 subparagraph 40 CFR 2.310(h)(3)(ii) that the agency demonstrate to the satisfaction of EPA that the agency’s use and disclosure of such information will be governed by state or local law and procedures which will provide adequate protection to the interests of affected businesses. EPA hereby advises affected parties that they are informed of potential disclosures to UDEQ under paragraph 40 CFR 2.310(h)(3), and that they have ten working days to comment pursuant to 40 CFR 2.301(h)(2)(iii), incorporated by reference into 40 CFR 2.310(h)(2). Comments should be sent to: Environmental Protection Agency, Region 8, Kelcey Land (Mail Code 8ENF–RC), Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202–1129. Dated: May 12, 2009. Carol Campbell, Assistant Regional Administrator, Office of Ecosystems Protection and Remediation, EPA, Region 8. [FR Doc. E9–11922 Filed 5–20–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8908–9] Proposed Administrative Settlement Agreement Under Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act for the Barry Bronze Bearing Company Site, Located in Camden, Camden County, NJ AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Proposed Administrative Settlement and Opportunity for Public Comment. SUMMARY: The United States Environmental Protection Agency (‘‘EPA’’) is proposing to enter into an administrative settlement agreement (‘‘Settlement Agreement’’) with Barry Bronze Bearing Company, Inc., Paul J. DeCoursey, Jr., and Clifford J. DeCoursey (the ‘‘Settling Parties’’) pursuant to Section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9622. The Settlement Agreement provides for Settling Parties’ payment of certain response costs incurred at the Barry Bronze Bearing Company Site located within the City of Camden, Camden County, New Jersey (‘‘Site’’). In accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i), this notice E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11922]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8908-5]


Notice of Disclosure of Confidential Business Information 
Obtained Under the Comprehensive Environmental Response, Compensation 
and Liability Act to EPA Authorized Representative, Utah Department of 
Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comment.

-----------------------------------------------------------------------

SUMMARY: EPA hereby complies with the requirements of 40 CFR 
2.310(h)(3) for notice of disclosure to its authorized representative, 
the Utah Department of Environmental Quality (``UDEQ''), Superfund 
confidential business information (``CBI'') which has been submitted to 
EPA Region 8, Office of Ecosystems Protection and Remediation.

DATES: Comments may be submitted until June 22, 2009.

ADDRESSES: Comments should be sent to: Kelcey Land (Mail Code 8ENF-RC), 
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, 
CO 80202-1129.

FOR FURTHER INFORMATION CONTACT: Kelcey Land (Mail Code 8ENF-RC), 
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, 
CO 80202-1129 (303) 312-6393.
    Notice of Required Determinations, Provisions, and Opportunity to 
Comment: The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (``CERCLA''), as amended, (commonly known as 
``Superfund'') requires the establishment of an administrative record 
upon which the President shall base the selection of a response action. 
CERCLA also requires the maintenance of many other records including 
those relevant to cost recovery. EPA has granted authorized 
representative status to the State of Utah Department of Environmental 
Quality. Pursuant to 40 CFR 2.310(h)(3), a state or local governmental 
agency which has duties or responsibilities under CERCLA, or under 
regulations which implement CERCLA, may be considered an authorized 
representative of the United States for purposes of disclosure of CBI 
and may be furnished such CBI upon the agency's written request, but 
only if:
    (i) The agency has first furnished to the EPA office having custody 
of the information a written opinion from the agency's chief legal 
officer or counsel stating that under applicable state or local law the 
agency has the authority to compel a business which possesses such 
information to disclose it to the agency, or
    (ii) Each affected business is informed of those disclosures under 
this paragraph (h)(3) which pertain to it, and the agency has shown to 
the satisfaction of an EPA legal office that the agency's use and 
disclosure of such information will be governed by state or local law 
and procedures which will provide adequate protection to the interests 
of affected businesses.
    Pursuant to 40 CFR 2.310(h)(4), at the time any information is 
released to a state or local government pursuant to paragraph 2.310(h), 
EPA must notify the state or local government that the information may 
be entitled to confidential treatment and that any knowing and willful 
disclosure of the information may subject the state or local government 
and its employees to penalties in section 104(e)(2)(B) of CERCLA.
    EPA has determined that UDEQ has satisfied the requirements of 
subparagraph 40 CFR 2.310(h)(3)(ii) that the agency demonstrate to the 
satisfaction of EPA that the agency's use and disclosure of such 
information will be governed by state or local law and procedures which 
will provide adequate protection to the interests of affected 
businesses.
    EPA hereby advises affected parties that they are informed of 
potential disclosures to UDEQ under paragraph 40 CFR 2.310(h)(3), and 
that they have ten working days to comment pursuant to 40 CFR 
2.301(h)(2)(iii), incorporated by reference into 40 CFR 2.310(h)(2).
    Comments should be sent to: Environmental Protection Agency, Region 
8, Kelcey Land (Mail Code 8ENF-RC), Environmental Protection Agency, 
Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.

    Dated: May 12, 2009.
Carol Campbell,
Assistant Regional Administrator, Office of Ecosystems Protection and 
Remediation, EPA, Region 8.
[FR Doc. E9-11922 Filed 5-20-09; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.