Environmental Protection Agency April 4, 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) and section 7003 of the Resource Conservation and Recovery Act (RCRA), EPA is hereby providing notice of a proposed administrative de minimis settlement concerning the Casmalia Disposal Site in Santa Barbara County, California (the Casmalia Disposal Site). Section 122(g) of CERCLA provides EPA with the authority to enter into administrative de minimis settlements. This settlement is intended to resolve the liabilities of 49 settling parties for the Casmalia Disposal Site under sections 106 and 107 of CERCLA and section 7003 of RCRA. These parties are identified below. These parties have also elected to resolve their liability for response costs and potential natural resource damage claims by the United States Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration (NOAA). These 49 parties sent 13,311,191 lbs. of waste to the Casmalia Disposal Site, which represents 0.002 (0.2%) of the total Site waste of 5.6 billion pounds. This settlement requires these parties to pay over $1.2 million to EPA. Settling Parties: Parties that have elected to settle their liability with EPA at this time are as follows: All Metal Processing of Orange County; Allen Foam Corporation; American Pharmaseal Labs; Amex Systems, Inc; Associated Plating Company, Inc.; AT&T Communication, Inc., other subsidiaries of AT&T, Inc., and Alcatel-Lucent USA Inc. as successor in interest to the claims asserted against Western Electric Company, Inc. and AT&T Technologies, Inc; Avery Dennison Corporation; B/E Aerospace; BAE Systems Information and Electronic Systems Integration Inc.; Cenveo; ConAgra Foods, Inc.; Continental Chemical Co.; Cosden Oil & Chemical Company; Del Mar Development Company, Inc.; Fortin Industries, Inc.; Four Seasons Hotels and Resorts; Fremont Union High School District; Garratt-Callahan Company; Gearhart Industries; General Tire Service; Hercules, Incorporated for itself, Mica Corporation and US Filter; Hobie Cat (f/k/a Coast Catamaran Corp); Inland Kenworth, Inc.; Ken Dale; L-3 Communication Corporation; Life Technologies Corporation; Macy's Inc; Manhattan Beach Holding Corp. on its own behalf and on behalf of Fairchild Industries, Inc. and its successors, and on behalf of Fairchild Controls Corporation, Matra Aerospace, Inc., EADS North America, Inc., and EADS North America; MarBorg Industries; Maxwell Technologies, Inc.; Memorex Telex Corporation/Unisys; Mountain High Ski Resort; Newell Rubbermaid, Inc.; Nowsco Services, Inc.; Orange County Plating Co., Inc.; Parker Hannifin Corporation, successor-in-interest to Racor Industries, Inc, by merger; Rainbow Disposal; Roberts Holdings, LLC; SoilServ; State Industries; Sunkist Growers, Inc.; Texas Eastern Corporation; The Hon Company; The Sherwin-Williams Company; Ultrasystems Inc. by and through its legal successor-in-interest, LG&E Power Inc.; Univar USA, Inc.; Valley Nissan Volvo, Inc.; Verbatim Corporation; Weyerhaeuser NR Company as successor to Western Kraft (f/ k/a Willamette Industries).

On October 6, 2009, EPA promulgated its response to the remand of the new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators by the U.S. Court of Appeals for the District of Columbia Circuit and satisfied the Clean Air Act section 129(a)(5) requirement to conduct a review of the standards every 5 years. This action promulgates amendments to the new source performance standards and emissions guidelines, correcting inadvertent drafting errors in the nitrogen oxides and sulfur dioxide emissions limits for large hospital/medical/ infectious waste incinerators in the new source performance standards, which did not correspond to our description of our standard-setting process, correcting erroneous cross-references in the reporting and recordkeeping requirements in the new source performance standards, clarifying that compliance with the emission guidelines must be expeditious if a compliance extension is granted, correcting the inadvertent omission of delegation of authority provisions in the emission guidelines, correcting errors in the units' description for several emissions limits in the emission guidelines and new source performance standards, and removing extraneous text from the hydrogen chloride emissions limit for large hospital/medical/infectious waste incinerators in the emission guidelines.