Environmental Protection Agency February 17, 2011 – 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 (Region 9 Docket No. 2011-02), pursuant to Section 122(h) of CERCLA, concerning the Auclair Superfund Site (the ``Site''), located on the Torres Martinez Desert Cahuilla Indian Reservation, Riverside County, California. The settling party is Belmont Produce Sales, Inc. (``Settling Party''). In the Agreement, the Settling Party will reimburse the United States $25,000 for response costs incurred at the Site. For thirty (30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed settlement. The Agency's response to any comments received will be available for public inspection at EPA's Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105. The EPA will consider all comments it receives during this period, and may modify or withdraw its consent to the settlement if any comments disclose facts or considerations indicating that the settlement is inappropriate, improper, or inadequate.

EPA is proposing amendments to the national emission standards for hazardous air pollutants (NESHAP) for Primary Lead Smelting to address the results of the residual risk and technology reviews conducted as required under sections 112(d)(6) and (f)(2) of the Clean Air Act (CAA). These proposed amendments include revisions to the emission limits for lead, the addition of a lead concentration in air standard, and the modification and addition of testing and monitoring and related notification, recordkeeping, and reporting requirements. We are also proposing to revise provisions addressing periods of startup, shutdown, and malfunction to ensure that they are consistent with a recent court decision. Finally, we are proposing revisions to the rule's applicability provision to make it consistent with the definition of the source category and proposing other minor technical changes to the standard. We are also responding to a petition for rulemaking filed on the standard with regard to lead as a surrogate and regulation of volatile organic compounds (VOC) and acid gases.