Notice of Two Proposed Agreements, a CERCLA Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser Related to The Former Caribbean Petroleum Refining, LP Facility, Bayamon, Puerto Rico, and a Proposed RCRA Compliance and Prospective Purchaser Agreement Related to Gasoline Service Stations' Underground Storage Tanks Currently Owned by Caribbean Petroleum Corporation at Locations Throughout the Commonwealth of Puerto Rico
This Notice alerts the public to two proposed administrative settlements for which public comment is requested. In one, Puma Energy, Caribe LLC (``Puma'') and the U.S. Environmental Protection Agency (``EPA'') propose to enter into an agreement and order on consent for a removal action by a bona fide prospective purchaser concerning the former Caribbean Petroleum Refining, LP (``CPR'') facility located in Carr 28, KM. 2, Luchetti Industrial Park, Bayamon, in the Commonwealth of Puerto Rico, Docket Number CERCLA-02-2011-2003 (referred to as the ``CERCLA Agreement'') in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9601-9675. In the other proposed agreement (referred to as the ``RCRA UST Agreement''), Puma, the United States on behalf of EPA, and the Commonwealth of Puerto Rico on behalf of the Puerto Rico Environmental Quality Board propose to enter into an underground storage tank (``UST'') compliance and prospective purchaser agreement, Index Number RCRA-02-2011-7504, in accordance with Subtitle I of the Resource Conservation and Recovery Act, as amended (``RCRA''), 42 U.S.C. 6991-6991m, concerning issues related to UST systems at one hundred and forty-seven (147) gasoline service stations currently owned or leased by Caribbean Petroleum Corporation (``CPC'') and located throughout the Commonwealth of Puerto Rico. Pursuant to a sale authorized by the United States Bankruptcy Court for the District of Delaware, Puma has been approved to purchase the former CPR facility and the CPC service stations in a sale scheduled to occur in early May 2011. Puma has agreed to perform certain cleanup actions at the former CPR facility in the proposed CERCLA Agreement. In addition, with regard to the service stations, Puma has agreed in the proposed RCRA UST Agreement to assume responsibilities for the UST systems and required cleanup work and to make certain improvements at the service stations that are not required by law. The proposed CERCLA Agreement includes a covenant by the United States not to sue Puma pursuant to Sections 106 and 107(a) of CERCLA for existing contamination at the former CPR facility. The proposed RCRA UST Agreement includes a covenant by the United States not to sue Puma pursuant to Section 9006 of RCRA, 42 U.S.C. 6991e, for violations of the Commonwealth of Puerto Rico Underground Storage Tank Control Regulations, Puerto Rico Administrative Regulation Number 4362, that exist at the one hundred and forty-seven (147) service stations as of the date of Puma's acquisition or that arise within ninety days of the date of acquisition by Puma. The Commonwealth of Puerto Rico is also providing Puma with a covenant not to sue in the proposed RCRA UST Agreement. The covenants in both Agreements are subject to specified conditions. For seven (7) days following the date of publication of this notice, the Agency will receive written comments relating to the two proposed Agreements. The Agency will consider all comments received and may modify or withdraw its consent to either or both of the Agreements if comments received disclose facts or considerations which indicate that the Agreements are inappropriate, improper, or inadequate. Because of strict deadlines in the bankruptcy proceeding involving the corporations which presently own the CPR facility and own or have lease rights at the service stations, the deadline for receipt of public comments cannot be extended.
Agency Information Collection Activities; Proposed Collection; Comment Request; National Volatile Organic Compound Emission Standards for Aerosol Coatings
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on September 30, 2011. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Adequacy Status of the Hickory-Morganton-Lenoir, North Carolina 1997 Annual PM2.5
In this notice, EPA is notifying the public of its finding that the nitrogen oxides (NOX) motor vehicle emissions budgets (MVEBs) in the Hickory-Morganton-Lenoir, North Carolina area (hereafter referred to as the ``Hickory Area'') maintenance plan for the 1997 annual PM2.5 standard, submitted on December 18, 2009, and supplemented on December 22, 2010, by the North Carolina Department of Environment and Natural Resources (NCDENR) are adequate for transportation conformity purposes. EPA is also making an insignificance finding for direct fine particulate (PM2.5) through the transportation conformity adequacy process for the Hickory Area. The Hickory Area is comprised of the entire county of Catawba in North Carolina. On March 2, 1999, the District of Columbia Circuit Court ruled that submitted state implementation plans (SIPs) cannot be used for transportation conformity determinations until EPA has affirmatively found them adequate. As a result of EPA's finding, the Hickory Area must use the NOX MVEBs from the submitted maintenance plan and supplement for the Hickory Area for future conformity determinations. Additionally, as a result of this finding, the Hickory Area is not required to perform a regional emissions analysis for direct PM2.5 in future PM2.5 transportation conformity determinations for the 1997 annual PM2.5 standard.
Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Section 110(a)(2) Infrastructure Requirements for 1997 8-Hour Ozone and Fine Particulate Matter National Ambient Air Quality Standards; New Mexico Ambient Air Quality Standards; Approval of New Mexico's PSD Program; CFR Codification Technical Corrections
EPA is proposing to approve submittals from the State of New Mexico pursuant to the Clean Air Act (CAA or Act) that address the infrastructure elements specified in the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 8-hour ozone and 1997 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or standards). We are proposing to find that the current New Mexico State Implementation Plan (SIP) meets the following infrastructure elements for the 1997 8-hour ozone NAAQS and the 1997 PM2.5 NAAQS: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA is also proposing to approve a November 2, 2006, SIP revision to regulation 20.2.3 of the New Mexico Administrative Code (NMAC) (Ambient Air Quality Standards), to remove the state ambient air quality standards from being an applicable requirement under the State's Title V permitting program, found at 20.2.70 NMAC (Operating Permits). EPA is also proposing to correct an administrative oversight by converting our February 27, 1987, conditional approval of New Mexico's PSD program (52 FR 5964) to a full approval based on the November 2, 1988, approval of New Mexico's stack height regulations (53 FR 44191), at which point New Mexico fully met the condition in the conditional approval. Please note the fact that we had not formally converted the February 27, 1987 conditional approval to a full approval, yet this had no impact on New Mexico's authority to implement the PSD program. Lastly, EPA is proposing to make a number of U.S. Code of Federal Regulations (CFR) codification technical corrections to amend the description of the approved New Mexico SIP. This action is being taken under section 110 and part C of the Act.
In the Matter of the Taylor Lumber and Treating Superfund Site, Sheridan, Oregon, Amendment to Agreement and Covenant Not To Sue, Pacific Wood Preserving of Oregon
This Amendment to Agreement and Covenant Not to Sue (``Amendment'') amends the 2002 Agreement and Covenant Not To Sue, Docket CERCLA-10-2002-0034 (``Original Agreement''), entered into by and between the United States on behalf of the U.S. Environmental Protection Agency (``EPA'') and Pacific Wood Preserving of Oregon (``PWPO''). In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq. (``CERCLA''), notice is hereby given of the proposed Agreement between the EPA and PWPO, subject to the final review and approval of the EPA and the U.S. Department of Justice. The 2002 Original Agreement with PWPO provided a covenant not to sue for response costs at the Taylor Lumber and Treating Site, which PWPO was acquiring, in exchange for several obligations related to site operation and a commitment not to use certain hazardous products, including pentachlorophenol, at the Site. This Amendment removes the restriction on pentachlorophenol use and extends PWPO's commitment to collect and treat groundwater and maintain the asphalt cap until January 31, 2022, or for as long as PWPO owns or operates on the Property, whichever is later. This Amendment includes additional commitments including submittal of annual environmental audit reports; implementation of institutional controls; payment of EPA future oversight costs; and, a revised Statement of Work for future work to be performed by PWPO.
EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) are publishing for public comment proposed guidance that describes how the agencies will identify waters protected by the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or CWA or Act) and implement the Supreme Court's decisions on this topic (i.e., Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) (531 U.S. 159 (2001)) and Rapanos v. United States (547 U.S. 715 (2006)) (Rapanos)). The agencies believe that under this proposed guidance the number of waters identified as protected by the Clean Water Act will increase compared to current practice and this improvement will aid in protecting the Nation's public health and aquatic resources. The proposed guidance is consistent with the principles established by the Supreme Court cases and is supported by the agencies' scientific understanding of how waterbodies and watersheds function. In addition, the agencies believe that when the revised guidance is finalized and goes into effect, it will improve CWA program predictability and clarity regarding the scope of ``waters of the United States'' protected under the Act and that this improvement will have benefits for both the government and regulated parties. When finalized, this guidance would supersede previously issued guidance on this matter. This guidance will apply to all CWA programs, including section 303 water quality standards, section 311 oil spill prevention and response, section 401 water quality certification, section 402 National Pollutant Discharge Elimination System permits, and section 404 permits for discharges of dredged or fill material. The agencies seek public comment on all aspects of the proposed guidance, including interpretations and scientific underpinnings. In addition to this guidance, the agencies expect to propose revisions of existing regulations to further clarify which waters are subject to CWA jurisdiction, consistent with the Supreme Court's decisions. Public comment on any such revisions will be requested at the time they are proposed.
Adequacy Status of the Greensboro/Winston-Salem/Highpoint North Carolina 1997 Annual PM2.5
In this notice, EPA is notifying the public of its finding that the direct fine particulate (PM2.5) and nitrogen oxides (NOX) motor vehicle emissions budgets (MVEBs) in the Greensboro/Winston-Salem/Highpoint, North Carolina area (hereafter referred to as ``the Triad Area'') maintenance plan for the 1997 annual PM2.5 standard, submitted on December 18, 2009, and supplemented on December 22, 2010, by the North Carolina Department of Environment and Natural Resources (NCDENR) are adequate for transportation conformity purposes. The Triad Area is comprised of Guilford and Davidson Counties in their entirety. On March 2, 1999, the District of Columbia Circuit Court ruled that submitted state implementation plans (SIPs) cannot be used for transportation conformity determinations until EPA has affirmatively found them adequate. As a result of EPA's finding, the Triad Area must use the PM2.5 and NOX MVEBs from the submitted maintenance plan for the Area for future conformity determinations.
National Advisory Council for Environmental Policy and Technology
Under the Federal Advisory Committee Act, Public Law 92463, EPA gives notice of a public meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. NACEPT represents diverse interests from academia, industry, non-governmental organizations, and local, State, and tribal governments. The purpose of this meeting is to: (1) Discuss NACEPT's second advice letter on EPA workforce issues, and (2) continue developing recommendations on the need for innovative technologies to identify, measure, and reduce environmental risks faced by vulnerable populations. A copy of the agenda for the meeting will be posted at http://www.epa.gov/ofacmo/nacept/cal-nacept.htm.
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Update to Materials Incorporated by Reference
EPA is updating the materials submitted by Delaware that are incorporated by reference (IBR) into the state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office.
Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Fuels and Fuel Additives: Gasoline Volatility (Renewal)
In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.